Activities of Adam BIELAN 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 (15)
Amendment 94 #
Proposal for a regulation
Recital 12
Recital 12
(12) Since micro-organisms are not subject to registration under Regulation (EC) No 1907/2006 or any other Union legislation requiring manufacturers to demonstrate that the intended use is safe, they should be eligible for use in detergents only to the extent that they have been clearly identified and supported by data demonstrating that their use is safe, and subject to specific requirements governing their safety. Harmonised rules governing the safety of micro-organisms in detergents as well as relevant test methods for economic operators to demonstrate compliance with those rules should, therefore, be established. Restrictions are required on the format in which detergents containing micro-organisms are placed on the market when sensitising ingredients are included in their composition. To ensure a high level of protection of human health even for sensitised persons, detergents containing micro-organisms and which are placed on the market in a spray format should, therefore, be found safe for use in this format. Testing methodology of detergents based on microorganisms in spray form shall not use animal-based methods. In alignment with existing OECD guidelines and EU regulations on animal protection, these methodologies should employ alternative, non-animal testing methods to assess the toxicity of such substances and mixtures.
Amendment 96 #
Proposal for a regulation
Recital 14
Recital 14
(14) All economic operators intervening in the supply and distribution chain should take appropriate and effective measures to ensure that they only make available on the Union market detergents and surfactants which are in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain.
Amendment 99 #
Proposal for a regulation
Recital 23
Recital 23
(23) Economic operators that either place a detergent or surfactant on the market under their own name or trade mark or modify a detergent or surfactant in such a significant way that compliance with this Regulation could be affected should be considered to be manufacturers and should assume the obligations of manufacturers. In other cases, economic operators that only package or repackage a detergent or surfactant already placed on the market by other economic operators should be able to prove that compliance with the requirements of this Regulation has not been affected, by indicating their identity on the package and by keeping a copy of the original labelling information.
Amendment 101 #
Proposal for a regulation
Recital 30
Recital 30
(30) Information on the correct amount of detergent that consumers need to use when undertaking cleaning activities, namely, dosage information, should be included on the label of consumer laundry and consumer automatic dishwasher detergents in order to prevent the potential over-use of detergents thus reducing the total amount of detergent and surfactant entering the environment.
Amendment 106 #
Proposal for a regulation
Recital 32
Recital 32
(32) To avoid imposing an unnecessary administrative burden for economic operators, especially for small and medium-sized enterprises 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. 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 108 #
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. Different levels of digitalization in the Member States should also be taken into account. 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. In addition, all the labelling information concerning the protection of health and the environment, 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 113 #
Proposal for a regulation
Recital 39
Recital 39
(39) Manufacturers should create a product passport to provide information on the conformity of detergents and surfactants with this Regulation, as well as with any other legislation that the detergent or surfactant must comply with. In order to facilitate checks on detergents or surfactants and to allow the actors in the supply chain and end-users to access necessary information such as ingredients and use instructions, the information on the product passport should be provided digitally and in a directly accessible manner, through a data carrier affixed to the label of the detergent or surfactant, its packaging or the accompanying documentation. Market surveillance authorities, economic operators and end- users should, therefore, have immediate access to compliance or other information on the detergent or surfactant through the data carrier. Before introducing the Digital Product Passport obligation a comprehensive impact assessment should be carried out to evaluate the costs to be incurred by the industry and the potential benefits.
Amendment 127 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Manufacturers shall keep the technical documentation and the product passport for 108 years after the detergent or the surfactant covered by that documentation or product passport has been placed on the market.
Amendment 138 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Manufacturers shall, further to a reasoned written request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in a language which can be easily understood bythe official language or languages of a Member State from which thate authority originates. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
Amendment 159 #
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 108 years after the detergent or surfactant has been placed on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 163 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Distributors shall, further to a motivated, justified and reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by detergents and surfactants which they have made available on the market.
Amendment 183 #
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 onlinearising from the Regulation (EU) No 2016/679.
Amendment 215 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, dissuasive and should take into account the size of the enterprise and its experience on the market. Member States shall, without delay, notify the Commission of those measures and of any subsequent amendment affecting them.
Amendment 216 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall not impede the making available on the market of detergents and surfactants which are placed on the market before [OP: please insert the date = 3042 months from the date of entry into force of this Regulation] in conformity with Regulation (EC) No 648/2004 as applicable on … [OP: please insert the date = one day before 3042 months from the date of entry into force of this Regulation]
Amendment 217 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Detergents and surfactants which, are placed on the market after [OP: please insert the date of application = one day before 3042 months from the date of entry into force of this Regulation] and which at the moment of their placing on the market comply with Regulation (EC) No 648/2004 as applicable on [OP: please insert the date of application = one day before 3042 months from the date of entry into force of this Regulation], may be made available on the market until [OP: please insert the date = 36 months from the date of entry into force of this Regulation].