Activities of Maria ARENA related to 2023/0124(COD)
Plenary speeches (1)
Detergents and surfactants (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004
Amendments (57)
Amendment 84 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to avoid constituents of detergents, other than surfactants, persisting and building up in the environment and waste water, hence posing a potential risk to health and the environment, the Commission should assess the feasibility of introducing biodegradability criteria for these other constituents.
Amendment 86 #
Proposal for a regulation
Recital 10
Recital 10
(10) Phosphorus is a key ingredient used in detergents. However, phosphorus and its compounds could cause damage to ecosystems and aquatic environments as they contribute to eutrophication. To further ensure a high level of protection of the environment, and reduce the contribution of detergents to that phenomenon, it is necessary to establish harmonised limits on the content of phosphates and phosphorus compounds in consumer and professional laundry and consumer automaticnd professional dishwasher detergents. Similar limitations are not required for other types of detergents either because their contribution is not significant or because suitable alternatives are currently not available.
Amendment 89 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Regulation should contribute to the objective of the zero pollution ambition for a toxic-free environment1a by restricting the use of substances of concern in detergents and surfactants where technically and economically possible. Manufacturers should be given the necessary time to adapt to these requirements and to modify the formulation of their products, where necessary. _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A52021 DC0400&qid=1623311742827
Amendment 97 #
Proposal for a regulation
Recital 20
Recital 20
(20) Since importers play a key role in guaranteeing the compliance of imported detergents and surfactants in the Union market, when placing a detergent or surfactant on the market, importers should indicate on the product their name, registered trade name or registered trade mark as well as their postal address and, where available, electronic means of communication through which they can be contacted.
Amendment 105 #
Proposal for a regulation
Recital 31
Recital 31
(31) Digital labelling could improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. Providing digital labels could also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information, reducing labelling costs and permitting a more targeted information of users. Therefore, economic operators should be allowed to provide certain labelling information only through the digital label subject to certain conditions to ensurewhile ensuring that elements essential to a high level of protection of detergents’ users and the environment remain on the physical label.
Amendment 118 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 136 #
Proposal for a regulation
Recital 61
Recital 61
(61) In order to ensure a high level of protection of health and the environment, foster innovation and boost competitiveness, the Commission should assess the safety requirements for detergents containing micro-organisms and the possibility to allow the use of new micro-organisms or strains of micro- organisms in detergents, or to restrict the presence of some of them, where necessary.
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – indent 3
Article 2 – paragraph 1 – point 1 – indent 3
– a mixture intended to modify the feel or odour of fabrics in processes which are to complement the washing of fabrics;
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘making available on the market’ means any supply for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge. Import shall be deemed to be making available on the market;
Amendment 177 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 a (new)
Article 2 – paragraph 1 – point 35 a (new)
(35 a) ‘refill station’ means a place where a supplier offers to consumers or professional users detergents that can be purchased through refill.
Amendment 178 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 b (new)
Article 2 – paragraph 1 – point 35 b (new)
(35 b) ‘refill’ means an operation by which a consumer or a professional user fills its own container, which fulfils the packaging function, with a detergent supplied by a supplier in the context of a commercial transaction.
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 c (new)
Article 2 – paragraph 1 – point 35 c (new)
(35 c) ‘substance of concern’ means a substance of concern as defined in Regulation xxx/xxx on establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC [reference to adopted act to be inserted].
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 d (new)
Article 2 – paragraph 1 – point 35 d (new)
(35 d) 'consumer laundry detergents' means any laundry detergent or pre- treatment stain remover falling within the scope of Regulation (EC) No 648/2004 of the European Parliament and of the Council which is effective at 30°C or below and is marketed and designed to be used for the washing of textiles principally in household machines, but not excluding its use in public laundries and common laundries.
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 e (new)
Article 2 – paragraph 1 – point 35 e (new)
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 f (new)
Article 2 – paragraph 1 – point 35 f (new)
(35 f) 'consumer hand dishwashing detergents' means any detergent falling within the scope of Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents, marketed and designed for hand washing of items such as glassware, crockery and kitchen utensils including cutlery, pots, pans and ovenware.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 g (new)
Article 2 – paragraph 1 – point 35 g (new)
(35 g) 'industrial and institutional laundry detergents' means any laundry detergent falling within the scope of Regulation (EC) No 648/2004 of the European Parliament and of the Council which is marketed and designed to be used by specialised personnel in industrial and institutional facilities.
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 h (new)
Article 2 – paragraph 1 – point 35 h (new)
(35 h) 'industrial and institutional dishwasher detergents' means any dishwasher detergent, rinse or pre-soak agent falling within the scope of Regulation (EC) No 648/2004 of the European Parliament and of the Council which is marketed and designed to be used by specialised personnel in professional dishwashers.
Amendment 188 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Biodegradability and anti-microbial resistance
Amendment 189 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. By [OP: please insert the date – 5 years after the date of application of this Regulation], the Commission shall assess whether criteria for the biodegradability of substances contained in detergents other than surfactants should be introduced in this Regulation.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. Where detergents or surfactants have biocidal properties, manufacturers shall provide evidence that the discharge of these products in the wastewater infrastructure and the environment does not generate anti-microbial resistance.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 2 c (new)
Article 4 – paragraph 2 c (new)
2 c. Any plastic components that may be released during washing cycles to the sewer network, including plastic films around detergent tablets and/or capsules, shall be fully biodegradable.
Amendment 195 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Use of substances of concern 1. By [OP: please insert the date – 5 years after the date of application of this Regulation] the use in detergents and surfactants of substances of concern as defined in Article 2(35c) is prohibited. 2. By way of derogation from paragraph 1, the use of substances classified as respiratory sensitiser category 1 in Part 3 of Annex VI to Regulation (EC) No 1272/2008 shall be authorised in detergents and surfactants where these substances are enzymes. 3. By way of derogation from paragraph 1, the use in detergents and surfactants of a substance of concern may only be permitted when all of the following conditions are met: (a) there are no suitable alternative substance available, as established by the European Chemicals Agency based on an analysis of alternatives; (b) the substance is not prohibited for use in consumer articles under Regulation (EC) No 1907/2006. 4. The Commission is empowered to adopt delegated acts in accordance with Article 27 to allow for the use of substances of concern in detergents and surfactants in accordance with paragraph 3. 5. For the purpose of paragraphs 3 and 4, the Commission shall systematically and regularly evaluate the occurrence of hazardous chemical substances in detergents and surfactants. In those evaluations, the Commission shall take into account reports of market surveillance bodies and scientific evidence presented by Member States and stakeholders.
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Every two years after the entry into force of this Regulation, the Commission shall review the list of pathogenic micro- organisms provided in paragraph 2 of Annex II and supplement it where necessary. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex II for the purpose of the second subparagraph of this Article.
Amendment 210 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Manufacturers shall keep the technical documentation and the product passport for 10 years aftera period of at least 10 years after the last time the detergent or the surfactant covered by that documentation or product passport has been placedmade available on the market.
Amendment 215 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point a
Article 7 – paragraph 6 – subparagraph 2 – point a
(a) upon request from the Member States’ appointed bodiesat the time of placing a detergent on the market;
Amendment 216 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point b
Article 7 – paragraph 6 – subparagraph 2 – point b
(b) when the detergent for which a data sheet has already been requestprovided no longer corresponds to the information included in that datasheet.
Amendment 220 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point b
Article 8 – paragraph 3 – subparagraph 2 – point b
(b) keep the product passport and technical documentation at the disposal of national market surveillance authorities for a period of at least 10 years after the detergent or surfactant covered by those documents has been placedmade available on the market;
Amendment 233 #
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. Importers shall keep the reference to the unique product identifier at the disposal of the market surveillance authorities for a period of at least 10 years after the detergent or surfactant has been placedmade available on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 245 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) to ensure that the package bears his or her name, registered trade name or registered trade mark and, postal address, and electronic means of contact preceded by the words ‘packaged by’ or ‘repackaged by’;
Amendment 246 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) to keep the reference to the unique product identifier at the disposal of the market surveillance authorities for a period of at least 10 years after having made the detergent or surfactant available on the market for the last time.
Amendment 247 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Economic operators shall be able to provide the information referred to in paragraph 1 for 10 years aftera period of at least 10 years after the last time they have been supplied with the detergent or surfactant and for 10 years aftera period of at least 10 years after the last time they have supplied the detergent or surfactant.
Amendment 256 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. An economic operator making a detergent available on the market directly to an end-user in a refill format shall provide the physical label orand the data carrier through which the digital label is accessible to the end-user.
Amendment 259 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The information referred to in paragraphs 3 and 4 shall be in a language which can be easily understood by end- users, as determined by the Member State concerned, and shall be clear, understandable and intelligiblecomply with the requirements set out in Section 1.2.1.4 and 1.2.1.5 of Part 1 of Annex I to Regulation (EC) No 1272/2008. The label shall be accessible for inspection purposes where the detergent or surfactant is made available on the market.
Amendment 267 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 270 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 276 #
(h) the digital label shall remain available for a period of 10 years from the momentat least 10 years after the detergent or surfactant iwas placedst made available on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it, or for a longer period as required under other Union legislation covering the information that it contains;
Amendment 277 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The data carrier shall be physically, visibly and legibly present on the detergent or surfactant, their packaging or the documentation accompanying them.
Amendment 294 #
Proposal for a regulation
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) it shall be accurate, complete and up-to date;
Amendment 295 #
Proposal for a regulation
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) it shall be accessible to customers, end-users, market surveillance authorities, customs authoritienufacturers, importers and distributors, dealers, market surveillance authorities, competent national authorities, customs authorities, civil society organisations, researchers, trade unions, the Commission and other economic operators;
Amendment 298 #
Proposal for a regulation
Article 18 – paragraph 2 – point g
Article 18 – paragraph 2 – point g
(g) it shall be available for a period of at least 10 years after the detergent or surfactant iwas placedst made available on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
Amendment 302 #
Proposal for a regulation
Article 18 – paragraph 2 – point i
Article 18 – paragraph 2 – point i
(i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 89.
Amendment 303 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
The data carrier shall be physically present on the detergent or surfactant, their packaging or the documentation accompanying them, in accordance with the implementing act referred to in paragraph 89.
Amendment 304 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales on the main page of the online product page.
Amendment 318 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in the course of the controls referred to in paragraph 1 or paragraph 2, the market surveillance authorities find that the detergent or surfactant does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operators to take all appropriate corrective action to bring the detergent or surfactant into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period prescribed by the market surveillance authorities and which is commensurate with the nature of the risk referred to in paragraph 1.
Amendment 325 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where, having carried out an evaluation under Article 22(1), a market surveillance authority finds that although a detergent or surfactant is in compliance with this Regulation, it presents a risk to health or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the detergent or surfactant concerned, when placed on the market, no longer presents that risk, to withdraw the detergent or surfactant from the market or to recall it, within a reasonable period prescribed by the market surveillance authorities and which is commensurate with the nature of that risk.
Amendment 330 #
Proposal for a regulation
Article 26 – paragraph 6 – subparagraph 1
Article 26 – paragraph 6 – subparagraph 1
Where new scientific evidence points to the need to introduce biodegradability requirements for substances and mixtures other than surfactants in detergents, including detergent capsules, the Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex I to lay down biodegradability criteria for those substances and mixtures and test methods to verify compliance with them as referred to in Article 4(2a).
Amendment 335 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article32a Renewable feedstock content review By [OP: please insert date – 5 years after the date of application of this Regulation], the Commission shall submit a report to the European Parliament and to the Council assessing the feasibility, the technical consequences and the benefits for health and the environment of introducing mandatory targets for renewable raw materials and recycled content in detergents and surfactants instead of being based on fossil fuel feedstock. In preparing this report, the Commission shall in particular take into account the sustainable sourcing, global warming potential, the potential for using food waste in detergents, the potential land use change associated with alternative feedstocks and food security in the Union. The report shall be accompanied, where appropriate, by a legislative proposal.
Amendment 345 #
Proposal for a regulation
Annex II – point 2 – point e a (new)
Annex II – point 2 – point e a (new)
(e a) any other micro-organisms listed in Annex 1, Table 4 of Regulation (EU) 2020/741.
Amendment 359 #
Proposal for a regulation
Annex II – point 11 a (new)
Annex II – point 11 a (new)
11 a. Intentionally added micro- organisms shall not negatively affect urban wastewater treatment processes and, in particular, the biological treatment step, nor sewage sludge management, water reuse or the quality of the receiving water bodies.
Amendment 360 #
Proposal for a regulation
Annex V – Part A – point 2 – point d a (new)
Annex V – Part A – point 2 – point d a (new)
(d a) preservatives.
Amendment 361 #
Proposal for a regulation
Annex V – Part A – point 3 – paragraph 1
Annex V – Part A – point 3 – paragraph 1
Amendment 368 #
Proposal for a regulation
Annex V – Part B – point 1 – point a
Annex V – Part B – point 1 – point a
(a) the recommended quantities and/or dosage instructions expressed in millilitres or grams or, where relevant, number of pods, capsules or sheets appropriate to a standard washing machine load, for soft, medium and hard water hardness levels and making provision for one or two cycle washing processes,
Amendment 376 #
Proposal for a regulation
Annex V – Part C – paragraph 1
Annex V – Part C – paragraph 1
Amendment 382 #
Proposal for a regulation
Annex VI – paragraph 1 – point f
Annex VI – paragraph 1 – point f
(f) a full list of substances intentionally added in the detergent or surfactant and of preservatives labelled in accordance with part A, point 3, first subparagraph, point (b), of Annex V, using the International Nomenclature of Cosmetic Ingredients, or where it is not available, the European Pharmacopoeia name and, when also the latter is not available, the common chemical name or International Union of Pure and Applied Chemists name.
Amendment 383 #
Proposal for a regulation
Annex VI – paragraph 2
Annex VI – paragraph 2
Amendment 384 #
Proposal for a regulation
Annex III
Annex III
Detergent Limitations Consumer laundry detergents Shall not be placed on the market if the total content of phosphorus is equal to or greater than 0,5 grams in the recommended quantityates and other phosphorus compounds is equal to or greater than - 0.03 g for ‘lightly soiled’ fabrics in the case of light-duty detergents, - 0.03 g for ‘normally soiled’ fabrics in the case of theavy-duty detergent to be used in the main cycle of the washings, - 0.010 g for stain-removers used as in- wash, - 0.005 g for stain removers used as pre- treatment, in the recommended quantity of the detergent to be used in the main cycle of the washing process for a standard washing machine machine load as defined in Part B of Annex V for hard water: – for ‘normally soiled’ fabrics in the case of heavy-dutyV. Consumer automatic dishwasher detergents Shall not be placed on the market if it includes phosphates in the product formulation regardless of concentration. Shall not be placed on the market if the total content of phosphorus is equal to or greater than - 0,2 g in dishwasher detergents - 0.03 g in rinse aids in the standard dosage as defined in Part B of Annex V. Consumer hand dishwashing detergents, – for ‘lightly soiled’ fabrics in the case of detergents for delicate fabrics. Consumer automatic dishwasher detergents Shall not be placed on the market if the total content ofShall not be placed on the market if it includes phosphates and other phosphorus compounds by [OP: please insert the date – 4 years after the date of application of this Regulation] Industrial and Institutional Shall not be placed on the market if the total quantity of phosphates and other Laundry Detergents phosphorus compounds is equal to or greater than - 0,5 g/kg of laundry for light soil - 1 g/kg of laundry for medium soil - 1,5 g/kg of laundry for heavy soil Industrial and Institutional Shall not be placed on the market if the total quantity of phosphates and other Dishwasher Detergents phosphorus compounds is equal to or greater than 0,3 grams in the standgreater than - for dishwasher detergents - 0,15 g/l of washing solution for soft water - 0.3 g/l of washing solution for medium water - 0.5 g/l of washing solution for hard water - for pre-soaks - 0,08 g/l of washing solution for soft water - 0.08 g/l of washing solution for medium water - 0.08 g/l of washing solution for hard water dosage as defined in Part B of Annex V. - for rinse aids - 0,02 g/l of washing solution for soft water - 0.02 g/l of washing solution for medium water - 0.02 g/l of washing solution for hard water For multi-component systems - 0,17 g/l of washing solution for soft water - 0.32 g/l of washing solution for medium water - 0.52 g/l of washing solution for hard water