BETA


Events

2024/09/12
   EP - SBAI Majdouline (Verts/ALE) appointed as rapporteur in ENVI
2024/07/08
   EC - Commission response to text adopted in plenary
Documents
2024/02/27
   EP - Results of vote in Parliament
2024/02/27
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 499 votes to 100, with 23 abstentions, a legislative resolution 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.

The Commission proposal seeks to establish rules for the free movement of detergents and surfactants in the internal market while, at the same time, ensuring a high degree of protection of health and the environment.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:

Biodegradability

Members considered that substances used in detergents, other than surfactants should be inherently biodegradable . By two years from the date of entry into force of this Regulation, the Commission should adopt delegated acts to supplement Annex I with inherent biodegradability criteria and test methods for constituents other than surfactants. When adopting these delegated acts, the Commission should take into account manufacturing practices, the availability of technically and economically feasible alternatives, the impact on small and medium-sized enterprises and the impact on health and environment.

By two years from the date of entry into force of the delegated act, water-soluble film around detergents should be degradable.

Limitations on the content of phosphates and other phosphorus compounds

The amended text stated that the unintentional presence in surfactants and detergents of phosphates and other phosphorus compounds that stems from impurities of ingredients, from the manufacturing process or storage or from migration from packaging, should be tolerated if that presence is technically unavoidable in good manufacturing practice and, notwithstanding such presence, those surfactants and detergents are safe.

Animal testing

The placing on the market of detergents and surfactants which have been the subject of animal testing in order to meet the requirements of this Regulation should therefore generally be prohibited while still ensuring the protection of human health and allowing the use of historic data. The use of the claim ‘animal testing free’ or similar claims should only be allowed if it is ensured that during the manufacturing and conformity testing no animal testing has occurred.

Obligation of manufacturers

Upon request, manufacturers should share relevant information in a timely manner with relevant economic operators, including distributors, importers and authorised representatives, in the supply chain concerned on any conformity issue or risk to health or the environment that they have identified in relation to their product, and of any consequent corrective action, recall or withdrawal.

Manufacturers should:

- make their communication channels, such as a telephone number, an email address or a dedicated section of their website, publicly available on their website, taking into account the accessibility needs of persons with disabilities and enabling end-users to submit complaints or concerns about potential non-conformity of products or safety issues;

- retain the technical documentation, product passport and, where applicable, digital label for a period of 10 years from the date of placing on the market of the last item in a batch or the last model of the detergent or surfactant to which that documentation, product passport or digital label relates.

Labelling

Where detergents are made available on the market directly to an end-user in a refill format , the operator should ensure that the label elements are affixed to the packaging. The information on the digital label should be presented in a format that addresses the needs of vulnerable groups, including persons with disabilities. The data carrier should be physically, indelibly, visibly and legibly present on the detergent or surfactant, their packaging or the documentation accompanying them, in a way that allows it to be processed automatically by digital devices.

Where economic operators provide a digital label, the data carrier should be accompanied by the statement ‘Please scan for more comprehensive information on the product’ or by a similar statement.

Product passport

The passport should:

- correspond to a specific model, that should be updated when changes are made to the list of ingredients, or where appropriate, to a specific batch of the detergent or surfactant;

- be up-to-date, accurate and complete;

- be easily accessible to customers, end-users, manufacturers, importers, distributors, competent national authorities, market surveillance authorities, customs authorities, the Commission, other economic operators and other relevant stakeholders, such as civil society organisations and researchers.

Product passports should be designed and operated in a user-friendly way.

Penalties

Penalties should give due regard to the following, where applicable: (i) the nature, gravity, and extent of the infringement; (ii) the intentional or negligent character of the infringement; (iii) the damage to human health or the environment caused by the infringement, insofar as it can be determined; (iv) the level of cooperation of the natural or legal person held responsible with the competent authority.

Documents
2024/02/26
   EP - Debate in Parliament
2024/02/16
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/02/16
   EP - Committee report tabled for plenary, 1st reading
Documents
2024/02/14
   EP - Vote in committee, 1st reading
2024/01/25
   EP - Committee opinion
Documents
2023/11/13
   EP - Amendments tabled in committee
Documents
2023/11/13
   EP - Amendments tabled in committee
Documents
2023/10/05
   EP - Referral to associated committees announced in Parliament
2023/10/02
   EP - Committee draft report
Documents
2023/09/05
   EP - CARVALHO Maria da Graça (EPP) appointed as rapporteur in IMCO
2023/09/03
   IT_CHAMBER - Contribution
Documents
2023/07/13
   ESC - Economic and Social Committee: opinion, report
Documents
2023/07/13
   DE_BUNDESRAT - Contribution
Documents
2023/06/14
   EP - RIPA Manuela (Verts/ALE) appointed as rapporteur in ENVI
2023/06/01
   EP - Committee referral announced in Parliament, 1st reading
2023/04/28
   EC - Document attached to the procedure
2023/04/28
   EC - Document attached to the procedure
2023/04/28
   EC - Document attached to the procedure
Documents
2023/04/28
   EC - Document attached to the procedure
2023/04/28
   EC - Legislative proposal published
Details

PURPOSE: to update the rules on detergents, strengthening enforcement so that more compliant detergents and surfactants enter the EU's market.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the conditions for placing and making available on the market of detergents and surfactants for detergents have been harmonised through Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents.

In 2019, the Commission Evaluation of the Regulation concluded that overall that Regulation has achieved its objectives to a large extent. However, the evaluation also identified a number of weaknesses and areas for further improvement. In recent years, the regulatory framework for chemicals has changed radically creating a lack of coherence and duplications in the rules applicable to detergents and notably their information requirements. There is therefore a need to ensure consistency and to eliminate the duplicated information requirements.

In addition, new market developments, in particular the development of detergents containing micro-organisms and the refill sale of detergents have emerged that are either completely or partially not covered by Regulation (EC) No 648/2004. On the other hand, digitalisation offers opportunities for simplification, burden reduction and increased ease of use and understandability of safety and use information that are currently missed. It is therefore necessary to take account of the newly emerged products and practices and step up the digitalisation efforts in line with the overarching objectives of the Union especially in terms of sustainability, green and digital transition.

This initiative updates the existing rules in line with the objectives of the European Green Deal, the Chemicals Strategy for Sustainability and the recently adopted Commission Communication on the long-term competitiveness of the EU.

CONTENT: this Commission proposal seeks to guarantee the functioning of the internal market while ensuring that detergents and surfactants on the market fulfil the requirements providing for a high level of protection of health and the environment. The revised rules cover new innovative products like detergents containing micro-organisms and sustainable new practices like the refill sale of detergents. The new rules also introduce a digital labelling and a product passport for detergents and surfactants.

More specifically, the proposal will:

- simplify market rules by abolishing several requirements that have now become unnecessary or redundant : among those, such as: i) the obligation to provide an ingredient data sheet for hazardous detergents; ii) the obligatory intervention of approved laboratories that had to perform the tests under the Regulation; iii) the possibility to request a derogation for surfactants that do not meet the criterion of ultimate biodegradability ; and iv) the obligation for manufacturers of detergents and surfactants to be established within the Union. Additionally, labels will also be simplified and streamlined to reduce the administrative burden for the detergents' industry and, at the same time, increase the understandability of labels by end-users;

- introduce voluntary digital labelling : the proposal differentiates between pre-packaged products and products sold in a refill format. For pre-packaged products, economic operators may choose to move certain mandatory labelling information to a digital label, in combination with a physical one. And for products sold in a refill format, the possibility to provide all labelling information, except for dosage instructions for consumer laundry detergents, only digitally. The introduction of digital labelling will reduce burden and costs for industry and will provide further ease of use and awareness for consumers and professional users;

- facilitate the sales of innovative safe products : the detergents sector has recently developed new innovative cleaning products that work on the action of micro-organisms . As these micro-organisms may present promising alternatives to harmful chemicals, the revised Regulation will introduce safety requirements for micro-organisms in detergents and the obligation for manufacturers to label the presence of micro-organisms in the detergents so that consumers are better informed. This will not only allow these products to move freely in the Single Market but also contribute to protecting health and the environment;

- increase sustainability and safety through clear rules for refilled detergents : the proposal ensures that consumers receive the necessary information when buying refilled detergents. The proposal clarifies that refilled detergents are subject to the same rules as pre-packaged detergents. The proposal also introduces voluntary digital labelling for refilled detergents as a means of further facilitating this sustainable practice, which reduces the amount of packaging and packaging waste;

- strengthen enforcement : this proposal replaces the EU declaration of conformity with the obligation for detergents and surfactants to have a product passport demonstrating compliance with the requirements of this Regulation. The product passport will be connected through a data carrier to a unique product identifier and meet the same technical requirements for a product passport under the eco-design for sustainable products regulation. The reference to the product passport will need to be included in a Commission central registry and declared at customs when detergents and surfactants are presented at the EU borders. National inspectors will continue to be responsible for carrying out checks on products, although a new IT system will screen all digital product passports at the external borders.

Documents

  • Commission response to text adopted in plenary: SP(2024)270
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading: T9-0091/2024
  • Debate in Parliament: Debate in Parliament
  • Committee report tabled for plenary, 1st reading/single reading: A9-0039/2024
  • Committee report tabled for plenary, 1st reading: A9-0039/2024
  • Committee opinion: PE754.921
  • Amendments tabled in committee: PE756.060
  • Amendments tabled in committee: PE756.096
  • Committee draft report: PE753.691
  • Contribution: COM(2023)0217
  • Economic and Social Committee: opinion, report: CES2272/2023
  • Contribution: COM(2023)0217
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SEC(2023)0170
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0113
  • Document attached to the procedure: SWD(2023)0114
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0115
  • Legislative proposal published: COM(2023)0217
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SEC(2023)0170
  • Document attached to the procedure: EUR-Lex SWD(2023)0113
  • Document attached to the procedure: SWD(2023)0114
  • Document attached to the procedure: EUR-Lex SWD(2023)0115
  • Economic and Social Committee: opinion, report: CES2272/2023
  • Committee draft report: PE753.691
  • Amendments tabled in committee: PE756.060
  • Amendments tabled in committee: PE756.096
  • Committee opinion: PE754.921
  • Committee report tabled for plenary, 1st reading/single reading: A9-0039/2024
  • Commission response to text adopted in plenary: SP(2024)270
  • Contribution: COM(2023)0217
  • Contribution: COM(2023)0217

Activities

Votes

A9-0039/2024 – Manuela Ripa – Commission proposal and amendments #

2024/02/27 Outcome: +: 544, 0: 78, -: 6
DE FR IT ES RO PL NL SE HU CZ PT BE AT DK BG IE SK FI LT EL HR LV SI LU EE MT CY
Total
89
72
62
52
26
50
25
20
18
21
16
18
17
13
15
13
14
13
11
14
12
7
7
6
7
5
5
icon: PPE PPE
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Denmark PPE

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1

Finland PPE

2

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3

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1

Malta PPE

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1
icon: S&D S&D
127

Czechia S&D

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1

Belgium S&D

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1

Slovakia S&D

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1

Lithuania S&D

2

Greece S&D

1

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Estonia S&D

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Poland Renew

1
3

Hungary Renew

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Austria Renew

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Ireland Renew

2

Finland Renew

3

Lithuania Renew

1

Greece Renew

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Croatia Renew

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1

Latvia Renew

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1

Slovenia Renew

2

Luxembourg Renew

2

Estonia Renew

3
icon: Verts/ALE Verts/ALE
71

Italy Verts/ALE

3

Spain Verts/ALE

3

Romania Verts/ALE

1

Poland Verts/ALE

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1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Czechia Verts/ALE

3

Portugal Verts/ALE

1

Belgium Verts/ALE

3

Austria Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Greece Verts/ALE

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1

Luxembourg Verts/ALE

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1
icon: ID ID
49

Czechia ID

Abstain (1)

1

Austria ID

3

Denmark ID

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1
icon: The Left The Left
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Netherlands The Left

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Portugal The Left

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Finland The Left

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Greece The Left

2

Cyprus The Left

2
icon: NI NI
42

Germany NI

Abstain (1)

3

France NI

For (1)

3
1

Romania NI

Abstain (1)

1

Netherlands NI

Against (1)

1

Czechia NI

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1

Belgium NI

For (1)

1

Lithuania NI

1

Croatia NI

2

Latvia NI

1
icon: ECR ECR
64

Germany ECR

Abstain (1)

1

France ECR

Abstain (1)

1

Romania ECR

Against (1)

1

Netherlands ECR

3

Sweden ECR

Abstain (1)

3

Bulgaria ECR

2

Slovakia ECR

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1

Finland ECR

2

Lithuania ECR

Abstain (1)

1

Greece ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Latvia ECR

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1
AmendmentsDossier
562 2023/0124(COD)
2023/11/10 ENVI 1 amendments...
source: 756.096
2023/11/13 ENVI 303 amendments...
source: 756.060
2023/11/16 IMCO 258 amendments...
source: 756.211

History

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  • The European Parliament adopted by 499 votes to 100, with 23 abstentions, a legislative resolution 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.
  • The Commission proposal seeks to establish rules for the free movement of detergents and surfactants in the internal market while, at the same time, ensuring a high degree of protection of health and the environment.
  • The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
  • Biodegradability
  • Members considered that substances used in detergents, other than surfactants should be inherently biodegradable . By two years from the date of entry into force of this Regulation, the Commission should adopt delegated acts to supplement Annex I with inherent biodegradability criteria and test methods for constituents other than surfactants. When adopting these delegated acts, the Commission should take into account manufacturing practices, the availability of technically and economically feasible alternatives, the impact on small and medium-sized enterprises and the impact on health and environment.
  • By two years from the date of entry into force of the delegated act, water-soluble film around detergents should be degradable.
  • Limitations on the content of phosphates and other phosphorus compounds
  • The amended text stated that the unintentional presence in surfactants and detergents of phosphates and other phosphorus compounds that stems from impurities of ingredients, from the manufacturing process or storage or from migration from packaging, should be tolerated if that presence is technically unavoidable in good manufacturing practice and, notwithstanding such presence, those surfactants and detergents are safe.
  • Animal testing
  • The placing on the market of detergents and surfactants which have been the subject of animal testing in order to meet the requirements of this Regulation should therefore generally be prohibited while still ensuring the protection of human health and allowing the use of historic data. The use of the claim ‘animal testing free’ or similar claims should only be allowed if it is ensured that during the manufacturing and conformity testing no animal testing has occurred.
  • Obligation of manufacturers
  • Upon request, manufacturers should share relevant information in a timely manner with relevant economic operators, including distributors, importers and authorised representatives, in the supply chain concerned on any conformity issue or risk to health or the environment that they have identified in relation to their product, and of any consequent corrective action, recall or withdrawal.
  • Manufacturers should:
  • - make their communication channels, such as a telephone number, an email address or a dedicated section of their website, publicly available on their website, taking into account the accessibility needs of persons with disabilities and enabling end-users to submit complaints or concerns about potential non-conformity of products or safety issues;
  • - retain the technical documentation, product passport and, where applicable, digital label for a period of 10 years from the date of placing on the market of the last item in a batch or the last model of the detergent or surfactant to which that documentation, product passport or digital label relates.
  • Labelling
  • Where detergents are made available on the market directly to an end-user in a refill format , the operator should ensure that the label elements are affixed to the packaging. The information on the digital label should be presented in a format that addresses the needs of vulnerable groups, including persons with disabilities. The data carrier should be physically, indelibly, visibly and legibly present on the detergent or surfactant, their packaging or the documentation accompanying them, in a way that allows it to be processed automatically by digital devices.
  • Where economic operators provide a digital label, the data carrier should be accompanied by the statement ‘Please scan for more comprehensive information on the product’ or by a similar statement.
  • Product passport
  • The passport should:
  • - correspond to a specific model, that should be updated when changes are made to the list of ingredients, or where appropriate, to a specific batch of the detergent or surfactant;
  • - be up-to-date, accurate and complete;
  • - be easily accessible to customers, end-users, manufacturers, importers, distributors, competent national authorities, market surveillance authorities, customs authorities, the Commission, other economic operators and other relevant stakeholders, such as civil society organisations and researchers.
  • Product passports should be designed and operated in a user-friendly way.
  • Penalties
  • Penalties should give due regard to the following, where applicable: (i) the nature, gravity, and extent of the infringement; (ii) the intentional or negligent character of the infringement; (iii) the damage to human health or the environment caused by the infringement, insofar as it can be determined; (iv) the level of cooperation of the natural or legal person held responsible with the competent authority.
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  • PURPOSE: to update the rules on detergents, strengthening enforcement so that more compliant detergents and surfactants enter the EU's market.
  • PROPOSED ACT: Regulation of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: the conditions for placing and making available on the market of detergents and surfactants for detergents have been harmonised through Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents.
  • In 2019, the Commission Evaluation of the Regulation concluded that overall that Regulation has achieved its objectives to a large extent. However, the evaluation also identified a number of weaknesses and areas for further improvement. In recent years, the regulatory framework for chemicals has changed radically creating a lack of coherence and duplications in the rules applicable to detergents and notably their information requirements. There is therefore a need to ensure consistency and to eliminate the duplicated information requirements.
  • In addition, new market developments, in particular the development of detergents containing micro-organisms and the refill sale of detergents have emerged that are either completely or partially not covered by Regulation (EC) No 648/2004. On the other hand, digitalisation offers opportunities for simplification, burden reduction and increased ease of use and understandability of safety and use information that are currently missed. It is therefore necessary to take account of the newly emerged products and practices and step up the digitalisation efforts in line with the overarching objectives of the Union especially in terms of sustainability, green and digital transition.
  • This initiative updates the existing rules in line with the objectives of the European Green Deal, the Chemicals Strategy for Sustainability and the recently adopted Commission Communication on the long-term competitiveness of the EU.
  • CONTENT: this Commission proposal seeks to guarantee the functioning of the internal market while ensuring that detergents and surfactants on the market fulfil the requirements providing for a high level of protection of health and the environment. The revised rules cover new innovative products like detergents containing micro-organisms and sustainable new practices like the refill sale of detergents. The new rules also introduce a digital labelling and a product passport for detergents and surfactants.
  • More specifically, the proposal will:
  • - simplify market rules by abolishing several requirements that have now become unnecessary or redundant : among those, such as: i) the obligation to provide an ingredient data sheet for hazardous detergents; ii) the obligatory intervention of approved laboratories that had to perform the tests under the Regulation; iii) the possibility to request a derogation for surfactants that do not meet the criterion of ultimate biodegradability ; and iv) the obligation for manufacturers of detergents and surfactants to be established within the Union. Additionally, labels will also be simplified and streamlined to reduce the administrative burden for the detergents' industry and, at the same time, increase the understandability of labels by end-users;
  • - introduce voluntary digital labelling : the proposal differentiates between pre-packaged products and products sold in a refill format. For pre-packaged products, economic operators may choose to move certain mandatory labelling information to a digital label, in combination with a physical one. And for products sold in a refill format, the possibility to provide all labelling information, except for dosage instructions for consumer laundry detergents, only digitally. The introduction of digital labelling will reduce burden and costs for industry and will provide further ease of use and awareness for consumers and professional users;
  • - facilitate the sales of innovative safe products : the detergents sector has recently developed new innovative cleaning products that work on the action of micro-organisms . As these micro-organisms may present promising alternatives to harmful chemicals, the revised Regulation will introduce safety requirements for micro-organisms in detergents and the obligation for manufacturers to label the presence of micro-organisms in the detergents so that consumers are better informed. This will not only allow these products to move freely in the Single Market but also contribute to protecting health and the environment;
  • - increase sustainability and safety through clear rules for refilled detergents : the proposal ensures that consumers receive the necessary information when buying refilled detergents. The proposal clarifies that refilled detergents are subject to the same rules as pre-packaged detergents. The proposal also introduces voluntary digital labelling for refilled detergents as a means of further facilitating this sustainable practice, which reduces the amount of packaging and packaging waste;
  • - strengthen enforcement : this proposal replaces the EU declaration of conformity with the obligation for detergents and surfactants to have a product passport demonstrating compliance with the requirements of this Regulation. The product passport will be connected through a data carrier to a unique product identifier and meet the same technical requirements for a product passport under the eco-design for sustainable products regulation. The reference to the product passport will need to be included in a Commission central registry and declared at customs when detergents and surfactants are presented at the EU borders. National inspectors will continue to be responsible for carrying out checks on products, although a new IT system will screen all digital product passports at the external borders.