Amen­de­menten Hazekamp over deter­genten en opper­vlak­te­ac­tieve stoffen, tot wijziging van Veror­dening (EU) 2019/1020 en tot intrekking van Veror­dening (EG) nr. 648/2004

Proposal for a regulation of the detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004 of the Committee on the Environment, Public Health and Food Safety.

Amendment 1
Anja Hazekamp

Proposal for a regulation
Recital 10

Text proposed by the Commission

(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 laundry and consumer automatic 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

(10) Phosphorus has been used as an ingredient in detergents. However, phosphorus and its compounds cause significant damage to ecosystems and aquatic environments as they contribute to eutrophication. To ensure a high level of protection of the environment, and reduce the contribution of detergents to that phenomenon, it is necessary to rapidly phase out the use of phosphates and phosphorus compounds in detergents.

Amendment 2
Anja Hazekamp

Proposal for a regulation
Recital 12 a (new)

Amendment

(12 a) In accordance with Directive 2010/63/EU of the European Parliament and of the Council^1a, it is necessary to replace, reduce or refine testing on animals, with a view to stop using animals for testing as soon as possible. As there are already alternatives available to ensure the safety of detergents, it is therefore appropriate to prohibit animal testing, as well as the use of data coming from animal tests, for this purpose. The Commission and Member States should step up their efforts to develop alternative testing methods.

^1a Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

Amendment 3
Anja Hazekamp

Proposal for a regulation
Recital 25

Text proposed by the Commission

(25) To ensure a high level of protection of human health, manufacturers should be required to provide an ingredient data sheet for non-hazardous detergents. In order to optimise efficiency of the relevant requirements and in view of the system related to emergency health response already established under Regulation (EC) No 1272/2008, manufacturers should hold this information at the disposal of poison centres, upon request.

Amendment

(25) To ensure a high level of protection of health, manufacturers should be required to provide an ingredient data sheet for non-hazardous detergents. In order to optimise efficiency of the relevant requirements and in view of the system related to emergency health response already established under Regulation (EC) No 1272/2008, manufacturers should hold this information at the disposal of poison centres, upon request.

Amendment 4
Anja Hazekamp

Proposal for a regulation
Recital 31

Text proposed by the Commission

(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

(31) Digital labelling could supplement the communication of labelling information 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. Therefore, economic operators should be allowed to provide certain labelling information additionally also through the digital label subject to certain conditions to ensure a high level of protection of detergents’ users.

Amendment 5
Anja Hazekamp

Proposal for a regulation
Recital 32

Text proposed by the Commission

(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. 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

deleted

Amendment 6
Anja Hazekamp

Proposal for a regulation
Recital 33

Text proposed by the Commission

(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

(33) However,
digital labelling also create challenges, including for the vulnerable population groups with no or insufficient digital skills, and leads to an accentuation of the digital divide. For this reason, a digital label is only a complementary option and a physical label should always contain all labelling information to enable all end-users to make informed choices before buying the detergent and to ensure its safe handling.

Amendment 7
Anja Hazekamp

Proposal for a regulation
Recital 34

Text proposed by the Commission

(34) An exception should, nevertheless, be made for detergents sold to end-users in a refill format. In order to fully reap not only the benefits offered by digitalisation but also the large environmental benefits in terms of reduction of packaging and related packaging waste that the practice of refill sales offers, it should be permitted to provide all labelling information digitally with the exception of
dosage instructions for consumer laundry detergents.

Amendment

(34) For detergents sold to end-users in a refill format, it should be ensured that all labelling information is available in a separately available label which consumers should attach to their own packaging at the moment of refill. This should include the dosage instructions for consumer laundry detergents.

Amendment 8
Anja Hazekamp

Proposal for a regulation
Recital 36

Text proposed by the Commission

(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

(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.

Amendment 9
Anja Hazekamp

Proposal for a regulation
Recital 60

Text proposed by the Commission

(60) In view of the need to ensure a high level of human health and environmental protection and the need to take into account new developments based on scientific facts, the Commission should submit to the European Parliament and to the Council a report on the application of this Regulation. The Commission should in its report assess inter alia if this Regulation is achieving its objectives, taking into account the impacts on small and medium-sized enterprises.

Amendment

(60) In view of the need to ensure a high level of health and environmental protection and the need to take into account new developments based on scientific facts, the Commission should submit to the European Parliament and to the Council a report on the application of this Regulation. The Commission should in its report assess inter alia if this Regulation is achieving its objectives, taking into account the impacts on small and medium-sized enterprises.

Amendment 10
Anja Hazekamp

Proposal for a regulation
Article 1 - paragraph 1

Text proposed by the Commission

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

1. This Regulation establishes rules for ensuring a high degree of protection of health and the environment and, at the same time, the free movement of detergents and surfactants in the internal market.

Amendment 11
Anja Hazekamp

Proposal for a regulation
Article 3 - paragraph 2

Text proposed by the Commission

2. Member States shall not prohibit, restrict or impede the placing on the market of detergents or surfactants which comply with this Regulation.

Amendment

2. Member States shall not prohibit, restrict or impede the placing on the market of detergents or surfactants which comply with this Regulation, unless they have reason to believe a particular detergent of surfactant presents an unacceptable risk to health or the environement.

Amendment 12
Anja Hazekamp

Proposal for a regulation
Article 3 a (new)

Amendment

Article3a

Prohibition of animal testing

1. The safety of detergents and surfactants, and conformity with this Regulation shall be established using non-animal new approach methods.

2. The following shall be prohibited:

(a) the placing on the market of detergents and surfactants where the final formulation or ingredients or combinations of ingredients have been the subject of animal testing in order to meet the requirements of this Regulation;

(b) the performance within the Union of animal testing of finished detergents and surfactants or ingredients or combinations of ingredients in order to meet the requirements of this Regulation.

Justification

The addition of a ban on animal testing in the draft report is very welcome, it is proposed to move this up in the regulation.

Amendment 13
Anja Hazekamp

Proposal for a regulation
Article 6 - paragraph 1

Text proposed by the Commission

Detergents listed in Annex III shall comply with the limitations on the content of phosphates and other phosphorus compounds laid down in that Annex.

Amendment

Detergents listed in Annex III shall comply with the limitations on the content of phosphates and other phosphorus compounds laid down in that Annex.

After [OP please insert the date of two years after entry into force of this regulation], detergents shall not be placed on the market if they contain phosphate.

Amendment 14
Anja Hazekamp

Proposal for a regulation
Article 6 a (new)

Amendment

Article6a

Restrictions of hazardous substances

1. By... [ two years from the date of entry into force of this Regulation], the placing on the market of detergents and surfactants that contain or have been produced using substances or mixtures classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in any of the following categories is prohibited:

(a) carcinogenicity, germ cell mutagenicity or reproductive toxicity category 1A, 1B or 2;

(b) endocrine disruption category 1 or 2;

(c) specific target organ toxicity category 1, either in single exposure or in repeated exposure;

(d) respiratory sensitisation category 1.

(e) very persistent, very bioaccumulative;

(f) very persistent and very mobile;

2. By... [four years from the date of entry into force of this Regulation], the placing on the market of detergents and surfactants that contain or have been produced using substances or mixtures classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in any of the following categories is prohibited:

(a) persistent, bioaccumulative and toxic;

(b) persistent, mobile, and toxic;

(c) hazardous to the aquatic environment.

3. In the event of an unacceptable risk to human health or the environment arising from the use of a substance in the manufacture of detergents or surfactants or from the presence of a substance in detergents or surfactants when they are placed on the market, or arising during their subsequent life cycle stages, that needs to be addressed on a Union-wide basis, the Commission shall adopt a delegated act in accordance with Article 27 to amend the restrictions in paragraphs 1 and 2.

Justification

The addition of the restrictions of hazardous substances in the draft report is very welcome. Some changes are proposed to make it even more effective

Amendment 15
Anja Hazekamp

Proposal for a regulation
Article 15 - paragraph 2

Text proposed by the Commission

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 or
the data carrier through which the digital label is accessible to the end-user.

Amendment

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 which the end-user shall be able to attach to their own packaging. This may be accompanied by the data carrier through which the digital label is accessible to the end-user.

Amendment 16
Anja Hazekamp

Proposal for a regulation
Article 16 - paragraph 1 - subparagraph 2

Text proposed by the Commission

By way of derogation from point (b) of the first subparagraph, the labelling elements set out in part C of Annex V do not have to be duplicated on the physical label. In addition, where the dosage information for consumer laundry detergents in accordance with points 1 and 2 of part B of Annex V is provided on the digital label, a simplified dosage grid as set out in part D of Annex V may be provided on the physical label.

Amendment

deleted

Amendment 17
Anja Hazekamp

Proposal for a regulation
Article 16 - paragraph 2

Text proposed by the Commission

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 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 label.

Amendment

deleted