Activities of Catharina RINZEMA related to 2023/0124(COD)
Shadow opinions (1)
OPINION 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 (47)
Amendment 95 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure a high level of protection of the aspects of public interest, and to guarantee fair competition on the internal market, economic operators should be responsible for the compliance of detergents or surfactants with this Regulation, in relation to their respective roles in the supply chain. Whenever appropriate, mManufacturers and importers should carry out sample testing of the detergents and surfactants that they have made available on the market, in order to protect the health and safety of consumers and the environment.
Amendment 97 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to safeguard the functioning of the internal market and to ensure that the objective of providing a high level of protection of health and the environment is achieved, it is necessary to establish that detergents and surfactants from third countries entering the Union market also comply with this Regulation. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. It is also necessary to lay down rules for importers to ensure that the detergents and surfactants they place on the market comply with those requirements and that the documentation drawn up by manufacturers and, where relevant, the CE marking are available for inspection by the competent national authorities. Provision should also be made for importers to ensure that a product passport is available for those products.
Amendment 100 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 102 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) To ensure that the language used on packaging can be easily understood by end-users, Member States could use the same requirements as laid down in Article 13 of Regulation (EU) No 1169/2011 (on provision of food information to consumers).
Amendment 104 #
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 ensure a high level of protection of detergents’ users.
Amendment 105 #
Proposal for a regulation
Recital 32
Recital 32
(32) To avoid imposing an unnecessary administrative burden for economic operators and since, in most cases, the digital label is only complementary to the physical one, economic operators should be able to decide whether to use digital labels or provide all the information on a physical label only. Tadded to the physical one, the choice to provide a digital label should rest with manufacturers and importers, who are responsible for providing the accurate set of labelling information.
Amendment 107 #
Proposal for a regulation
Recital 33
Recital 33
(33) Digital labelling could also create challenges for the vulnerable population groups with no or insufficient digital skills and lead to an accentuation of the digital divide. For this reason, the specific information to be provided only in a digital label should reflect the current state of the digitalisation of the society and the particular situation of detergents users. Digital labels should always have one additional option for end users with insufficient digital skills, such as an AI voice assistant reading out the label. In addition, all the labelling information concerning the protection of health and the environment, including on the existence of allergens, as well as minimum use instructions of detergents, should remain on the physical label, to enable all end- users to make informed choices before buying the detergent and to ensure its safe handling.
Amendment 109 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 110 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) For detergents and surfactants sold to end users in a refill format, the physical and digital labelling shall be printed in the place where the refill is for sale. It is important that these end users also have the latest information regarding the product they are buying.
Amendment 111 #
Proposal for a regulation
Recital 35
Recital 35
(35) To ensure a level playing field among economic operators making available detergents on the market, and to protect end-users, general requirements for digital labelling should be laid down. For example, economic operators should ensure free and easy access to digital labels, available in maximum two buttons or clicks, and that mandatory labelling information requested under this Regulation is separated from other information.
Amendment 112 #
Proposal for a regulation
Recital 36
Recital 36
(36) Given the current development of the digital skills, economic operators should also provide the labelling information by alternative means to end- users when they cannot access the digital label. This obligation should be imposed as a safety measure to reduce any potential risks by the unavailability of the labelling information, in particular as regards refilled detergents, where all the information may be provided in a digital label.
Amendment 114 #
Proposal for a regulation
Recital 44
Recital 44
(44) It is crucial to make clear to both manufacturers and users that by creating the product passport for detergent or surfactant and, where relevant, by affixing the CE marking, the manufacturer declares that the detergent or surfactant is in conformity with all applicable requirements and that the manufacturer takes full responsibility thereof.
Amendment 115 #
Proposal for a regulation
Recital 45
Recital 45
(45) Where certain information is provided only digitally, it is necessary to clarify that this information needs to be provided separately and clearly distinguished from each other but through a single data carrier. This will facilitate the work of market surveillance authorities but also provide clarity to end users regarding the different pieces of information that are available to them in a digital format.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) Regulation (EU) No 2022/0095 of the European Parliament and of the Council.
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – point 34 a (new)
Article 2 – paragraph 1 – point 34 a (new)
(34 a) ‘model’ means a specific type of detergent or surfactant, which includes a product name and a unique formula, according to the Unique Formula Identifier (UFI);
Amendment 124 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point c
Article 7 – paragraph 2 – subparagraph 2 – point c
Amendment 128 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Manufacturers that are not established in the Union should inform the national competent authorities of the postal address and e-mail address of their authorised representative.
Amendment 148 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 149 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where an importer considers or has reason to believe that a detergent or surfactant is not in conformity with this Regulation, the importer shall not place the detergent or surfactant on the market until it has been brought into conformity. Furthermore, where the detergent or surfactant presents a risk to health or to the environment, the importer shall immediately inform the manufacturer and the market surveillance authorities to that effect.
Amendment 151 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. When deemed appropriate with regard to the performance of a detergent or surfactant or the risks presented by them, importers shall carry out sample testing of such detergents and surfactants, investigate, and, if necessary, keep an internal register of complaints, of non- conforming detergents and surfactants and recalls of such detergents and surfactants, and shall keep distributors informed of any such monitoring. The register shall be available to competent national authorities upon request.
Amendment 161 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 165 #
Proposal for a regulation
Article 14
Article 14
Amendment 167 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point a
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) a type number, batchmodel number or other element allowing their identification;
Amendment 168 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – introductory part
Article 16 – paragraph 1 – subparagraph 1 – introductory part
Where detergents or surfactants are made available on the market, they shall be accompanied by the label elements set out in Article 15(3) and, where applicable, Article 15(4) in the following form:
Amendment 169 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) on a physical label; with the elements set out in Article 15(3) point (b), (c), (d) and (e); and
Amendment 170 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
(b) on a digital label and duplicated on a physical labelwith all the elements of Article 15.
Amendment 171 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 172 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By way of derogation from paragraph 1, where detergents are made available on the market directly to an end- user in a refill format, the label elements set out in Article 15(3) and (4) may be provided ion a digital label only, with the exception of dosage information for consumer laundry detergents as set out in point 1 and 2 of part B of Annex V, which needs to be provided also on a physical labelthe label or sticker to be printed at the location where it is for sale.
Amendment 177 #
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
(i) the information on the digital label shall be easily accessible via the data carrier.
Amendment 180 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the refill stationlabel or sticker to be printed at the location where it is for sale.
Amendment 182 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where eEconomic operators provide ashall regarding their digital label, provide on their data carrier shall be accompanied by the statement ‘More comprehensive information on the product is available online’ or by a similar statement.
Amendment 184 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Economic operators providing a digital label shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the digital label online.
Amendment 185 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1 – introductory part
Article 17 – paragraph 5 – subparagraph 1 – introductory part
Economic operators providing a digital label shall provide the information present in the digital label by other means in any of the following cases:
Amendment 186 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1 – point b
Article 17 – paragraph 5 – subparagraph 1 – point b
Amendment 187 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 2 a (new)
Article 17 – paragraph 5 – subparagraph 2 a (new)
To access the digital label and the Digital Product Passport a single data carrier shall be used.
Amendment 188 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Before placing a detergent or surfactant on the market, manufacturers shall create a product passport for those products. The product passport shall meet the requirements laid down in this Article and Article 19, and the measures laid down in Article 8 and 9 of Regulation 2022/0095(COD).
Amendment 189 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) it shall correspond to a specific batchmodel of the detergent or surfactant, and be updated when the UPI of the detergent or surfactant changes;
Amendment 191 #
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
(e) it shall be available in the language or a maximum of three languages required by the Member State where the detergent or surfactant is placed or made available on the market;
Amendment 194 #
Proposal for a regulation
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) it shall be easily accessible to end- users, market surveillance authorities, customs authorities, the Commission and other economic operators;
Amendment 199 #
Proposal for a regulation
Article 18 – paragraph 2 – point i a (new)
Article 18 – paragraph 2 – point i a (new)
(i a) where applicable, protect confidential business information and ensure information is shared in a secure way.
Amendment 200 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the refill stationlabel or sticker to be printed at the location where it is for sale.
Amendment 202 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where economic operators provide a digital label, aA single data carrier shall be used to access the product passport and the digital label.
Amendment 204 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) all information included in the product passport shall be based on open standards developed with an interoperable format and shall be machine readable, structured and searchable, and in respect of confidential business information;
Amendment 207 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. BeNot later than 30 months after entry into force of the implementing acts defining technical requirements for the Digital Product Passport and the Data carrier and the establishment of EU registry for Unique Product Identifier and Unique Operator Identifier, economic operators shall upload, before placing a detergent or surfactant on the market, economic operators shall upload, in the registry established under Article 12(1) of Regulation (EU) …/… on Ecodesign for Sustainable Products the unique product identifier and the unique operator identifier for the detergent or surfactant.
Amendment 213 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a