Regulation 2004/648 - Detergents - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2004/648
Original proposal	COM(2002)485
CELEX number i	32004R0648

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Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (Text with EEA relevance)

Official Journal L 104 , 08/04/2004 P. 0001 - 0035

Regulation (EC) No 648/2004 of the European Parliament and of the Council

of 31 March 2004

on detergents

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee(1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

• (1) 

  Council Directives 73/404/EEC of 22 November 1973 on the approximation of the laws of the Member States relating to detergents(3), 73/405/EEC of 22 November 1973 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of anionic surfactants(4), 82/242/EEC of 31 March 1982 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of non-ionic surfactants(5), 82/243/EEC of 31 March 1982 amending Directive 73/405/EEC on the approximation of the laws of the Member States relating to methods of testing the biodegradability of anionic surfactants(6) and 86/94/EEC of 10 March 1986 amending for the second time Directive 73/404/EEC on the approximation of the laws of the Member States relating to detergents(7), have been significantly amended on several occasions. It is desirable, for reasons of clarity and rationalisation, that the provisions in question should be recast by bringing them all together in a single text. Commission Recommendation 89/542/EEC of 13 September 1989(8), as regards labelling provisions concerning detergents and cleaning products, should also be included in the single text.

• (2) 

  Since the objective of this Regulation, to ensure the internal market in detergents, cannot be sufficiently achieved by the Member States, if there is no common technical criteria throughout the Community, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of propotionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. A Regulation is the appropriate legal instrument as it imposes directly on manufacturers precise requirements to be implemented at the same time and in the same manner throughout the Community; in the area of technical legislation, uniformity of application in the Member States is needed, and this can only be guaranteed by a Regulation.

• (3) 

  A new definition for detergents is needed to cover equivalent uses and be in line with developments at Member State level.

• (4) 

  It is necessary to introduce a surfactant definition, which was lacking in the existing legislation.

• (5) 

  It is important to give a clear and precise description of the relevant types of biodegradability.

• (6) 

  Measures concerning detergents should be adopted to ensure the functioning of the internal market and avoid restricting competition in the Community.

• (7) 

  As confirmed by the Commission White Paper on the strategy for a future Chemical Policy, appropriate measures concerning detergents should ensure a high level of environmental protection, especially of the aquatic environment.

• (8) 

  Detergents are already subject to certain Community provisions concerning their manufacture, proper handling, usage and labelling, in particular with reference to Commission Recommendation 89/542/EEC and Commission Recommendation 98/480/EC of 22 July 1998 concerning good...

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