Activities of Francesca PEPPUCCI 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 (67)
Amendment 82 #
Proposal for a regulation
Recital 1
Recital 1
(1) 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 Council29 . _________________ 29 Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (OJ L 104, 8.4.2004, p. 1).
Amendment 83 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Fitness Check of the most relevant chemicals legislation31 (excluding Regulation (EC) No 1907/2006 of the European Parliament and of the Council32 ) highlighted the complexity of the Union regulatory framework for chemicals and attributed it to the large number of product and sector specific pieces of legislation with embedded links with each other. It also pointed out that there is room for simplification in the communication of information of overcrowded labels to product users, and found that the use of innovative tools for communicating product information is currently not being taken advantage of. It is, therefore, necessary that the current rules are simplified to reduce burden for economic operators, improve consumer understanding and facilitate market surveillance. Regulation (EC) No 648/2004 should therefore be replaced, but, in order to achieve regulatory consistency, any amendment that may be introduced to the rules on registration, evaluation, authorisation and restriction of chemicals contained in detergents, such as restriction of hazardous substances, must only be undertaken within the appropriate framework of Regulation (EC) No 1907/2006. _________________ 31 Fitness Check of the most relevant chemicals legislation (excluding REACH), SWD(2019)199 32 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing CouncilRegulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as CouncilDirective 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 94 #
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 areis 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 108 #
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 110 #
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 onlyften 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 115 #
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. 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 117 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 120 #
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 123 #
Proposal for a regulation
Recital 37
Recital 37
(37) Since detergents have the same use and present the same risks irrespective of the format in which they are made available on the market, economic operators making detergents available on the market in a refill format should ensure that these comply with the same requirements as the pre-packaged ones. In addition, consumers should receive the required labelling information also when opting for refilled detergents. A physical copy of the label should always be present at the refill station. The refill sale of detergents should, therefore, be explicitly covered by this Regulation in order to ensure a high level of protection of health and the environment and a level playing field for economic operators.
Amendment 125 #
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, without jeopardising the protection of confidential business information. 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.
Amendment 126 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) To avoid costs to companies and the public that are disproportionate to the wider benefits, the product passport should, by default, be specific to the product model which includes a combination of the product name together with the unique formula of the product.
Amendment 129 #
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 132 #
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 138 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes 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.
Amendment 141 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘cleaning’ means the process by which an undesirable deposit is dislodged from a substrate or from within a substrate and brought into a state of solution or dispersion, or is digested or degraded by an active substance or a micro-organism;
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 – introductory part
Article 2 – paragraph 1 – point 11 – introductory part
(11) ‘surfactant’ means any surface- active organic substance or mixture used in detergents, which has surface-active properties and which consists of one or more hydrophilic and one or more hydrophobic groups of such a nature and size that it is capable to perform all ofboth the following actions:
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 – indent 2
Article 2 – paragraph 1 – point 11 – indent 2
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 – indent 3
Article 2 – paragraph 1 – point 11 – indent 3
– to form emulsions and/or microemulsions and/or micelles;a clear micellar solution or a translucent microemulsion or a stable emulsion without separation of insoluble matter when mixed with water at a concentration of 0.5 wt% and left to stand for one hour at 20°C
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 – indent 4
Article 2 – paragraph 1 – point 11 – indent 4
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 1 – point 34
Article 2 – paragraph 1 – point 34
Amendment 176 #
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 product which includes a combination of the product name together with the unique formula;
Amendment 207 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point c
Article 7 – paragraph 2 – subparagraph 2 – point c
Amendment 212 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Manufacturers shall keep the technical documentation and the product passport for 105 years after the detergent or the surfactant covered by that documentation or product passport has been placed on the market.
Amendment 221 #
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 105 years after the detergent or surfactant covered by those documents has been placed on the market;
Amendment 227 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 234 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 242 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Distributors that consider or have reason to believe that a detergent or a surfactant which they have made available on the market is not in conformity with this Regulation shall make immediately inform the manufacturer or importer, as appropriate, and cooperate with the manufacturer or importer and the competent authorities to ensure that the corrective measures necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate, are taken. Furthermore, where distributors consider or have reason to believe that a detergent or surfactant which they have made available on the market presents a risk to health or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the detergent or surfactant available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 254 #
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 at the refill station.
Amendment 260 #
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 261 #
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) points (b), (c) and (e) and, where applicable, the dosage information, as set out in Article 15(4); and
Amendment 264 #
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 remaining label elements set out in Article 15(3) and other relevant information, such as safe disposal ways and best practices.
Amendment 265 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 272 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By way of derogation from paragraph 1, wWhere detergents are made available on the market directly to anthe end- user in a refill format, the label elements set out in Article 15(3) and (4) may be provided in 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 labela leaflet or sticker containing the physical label information referred to in Article 16(1) shall be provided to the end-user.
Amendment 274 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) all label elements referred to in Article 15(3) and, where applicable,in accordance with Article 15(4)6(1), shall be provided in one place and separated from other information;
Amendment 279 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 281 #
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 283 #
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 286 #
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;
Amendment 292 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) it shall contain at least the information included in Annex VI, taking into account the need to protect confidential business information and trade secrets in accordance with Directive (EU) 2016/943;
Amendment 296 #
Proposal for a regulation
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) it shall be accessible to end-users, market surveillance authorities, customs authorities, the Commission and other economic operators, taking into account the need to protect confidential business information and trade secrets in accordance with Directive (EU) 2016/943;
Amendment 300 #
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 105 years after the detergent or surfactant is placed 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 306 #
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 passportdigital label and the digital labelproduct passport.
Amendment 307 #
Proposal for a regulation
Article 18 – paragraph 9 – subparagraph 1 a (new)
Article 18 – paragraph 9 – subparagraph 1 a (new)
Products placed on the market before 60 months after the entry into force of the implementing act may be made available without a product passport and without uploading to the register in accordance with Article 20(1) until stocks are exhausted.
Amendment 309 #
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) product passports created under this Regulation shall be fully interoperable with product passports required by other Union legislation in relation to the technical, semantic and organisational aspects of end- to-end communication and data transfer, whenever feasible and relevant;
Amendment 310 #
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, taking into account the need to protect confidential business information and trade secrets in accordance with Directive (EU) 2016/943;
Amendment 312 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(b a) product passports shall be designed and operated so that they are user-friendly
Amendment 329 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
Amendment 332 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. Where individual risk-based concentration limits for fragrance allergens are established in Regulation (EC) No 1223/2009 of the European Parliament and of the Council46 , the Commission shall adopt delegated acts in accordance with Article 27 amending Annex V in order to adapt the limit of the allergenic fragrances listed in Annex III to that Regulation accordingly. Products under this Regulation are subject to the transition periods laid down in Regulation (EC) No 1223/2009. _________________ 46 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).
Amendment 337 #
Proposal for a regulation
Annex II – point 1 – paragraph 1 – point a
Annex II – point 1 – paragraph 1 – point a
(a) shall have an American Type Culture Collection (ATCC) number, belong to a collection of an International Depository Authority (IDA) or have had their DNA identified in accordance with a “Strain identification protocol” (using 16S ribosomal DNA sequencing or an equivalent method);
Amendment 339 #
Proposal for a regulation
Annex II – point 1 – paragraph 1 – point b – introductory part
Annex II – point 1 – paragraph 1 – point b – introductory part
(b) shall belong to both of the following:Risk Group I as defined by Directive 2000/54/EC – biological agents at work;
Amendment 340 #
Proposal for a regulation
Annex II – point 1 – paragraph 1 – point b – point i
Annex II – point 1 – paragraph 1 – point b – point i
Amendment 343 #
Proposal for a regulation
Annex II – point 1 – paragraph 1 – point b – point ii
Annex II – point 1 – paragraph 1 – point b – point ii
Amendment 344 #
Proposal for a regulation
Annex II – point 1 – paragraph 1 – point b a (new)
Annex II – point 1 – paragraph 1 – point b a (new)
(b a) shall have a safety assessment carried out by the placer on the market and made available to the authorities.
Amendment 346 #
Proposal for a regulation
Annex II – point 3
Annex II – point 3
3. Intentionally added micro- organisms shall not be genetically modified microorganisms as defined in Directive 2001/18/EC.
Amendment 347 #
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. When placed on the market, detergents containing micro-organisms shall have a standard plate count equal to or greater than 1x105 colony-forming units (CFUs) per ml in accordance with ISO 4833-1:2014, but not limited to, ISO 4833-1:2014, ISO 21149 method or equivalent.
Amendment 349 #
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. The minimum shelf life of a dDetergent containing micro- organisms shall not be lower than 24 months and the microbial count shall not decrease by more than 10 % every 12 months in accordance with ISO 4833-1:2014be stable for the declared shelf life .
Amendment 352 #
Proposal for a regulation
Annex II – point 7
Annex II – point 7
7. Micro-organisms contained in detergentDetergents containing micro- organisms that are placed on the market in a spray format shall pass the acute inhbe evaluation toxicity test in accordance with the test method B.2., described in Part B of the Annex to Regulation (EC) No 440/2008ed through the appropriate tests to ensure consumer safety of the end product, such as particle size distribution measurements.
Amendment 354 #
Proposal for a regulation
Annex II – point 8
Annex II – point 8
8. Detergents containing micro- organisms shall not be placed on the market in a refill format, unless consumer safety is ensured.
Amendment 355 #
Proposal for a regulation
Annex II – point 9
Annex II – point 9
Amendment 358 #
Proposal for a regulation
Annex II – point 11
Annex II – point 11
Amendment 363 #
Proposal for a regulation
Annex V – Part A – point 4
Annex V – Part A – point 4
4. If added at concentrations exceeding 0,01 % by weight, the allergenic fragrances that are listed in entries 45, 67- 92 and [X] to [X] of Annex III to Regulation (EC) No 1223/2009, shall be labelled using the system referred to in Article 33 of that Regulation. The first sentence shall not apply to allergenic fragrances that meet the labelling thresholds under Regulation (EC) No 1272/2008. The transitional periods for cosmetic products as defined in Regulation (EC) No 1223/2009 shall also apply to the placing and making available on the market of detergents.
Amendment 364 #
Proposal for a regulation
Annex V – Part A – point 6 – point a
Annex V – Part A – point 6 – point a
Amendment 367 #
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 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, or the recommended dosage instructions expressed in number of units corresponding to a standard washing machine load, where necessary adapted to soft, medium and hard water hardness,
Amendment 374 #
Proposal for a regulation
Annex V – Part B – point 3
Annex V – Part B – point 3
3. The label of consumer automatic dishwasher detergents shall indicate the standard dosage expressed in grams or millilitres or number of tableunits for the main washing cycle for normally soiled tableware in a fully loaded 12 place settings dishwasher, adjusting the standard dosage, where relevant, for soft, medium, and hard water hardness.
Amendment 377 #
Proposal for a regulation
Annex V – Part D – paragraph 1 – point b
Annex V – Part D – paragraph 1 – point b
(b) the recommended quantities based on medium/average water hardness and different degrees of fabric soiling; and
Amendment 379 #
Proposal for a regulation
Annex V – Part D – paragraph 1 – point c
Annex V – Part D – paragraph 1 – point c
(c) an indication of the washing machinreference load.