Regulation (EU) 2026/405 of the European Parliament and of the Council of 11 February 2026 on detergents and surfactants, and repealing Regulation (EC) No 648/2004 (Text with EEA relevance)

In addition to the data set out in Part A of Annex VI, the digital product passport may contain the data set out in Part B of that Annex.

The data carrier referred to in paragraph 2, point (h), shall be:

Where other Union law requires information on the detergent or end-user surfactant to be available via a data carrier, a single data carrier shall be used to provide the information required under this Regulation and other Union law.

Where other Union law applying to detergents and end-user surfactants requires a digital product passport, a single digital product passport shall be created for detergents and end-user surfactants, containing the data required under this Regulation as well as any other data required for the digital product passport by other Union law.

By way of derogation from paragraph 2, point (a), where other Union law requires that the digital product passport correspond to a batch or an item level, the digital product passport for the purposes of this Regulation may be issued to that level.

Economic operators may, in addition to the data referred to in paragraphs 5 and 6, make other information accessible through the data carrier referred to in paragraph 5. In such cases, those data shall be clearly separated from the data required under this Regulation and, where relevant, under other Union law.

By creating the digital product passport, the manufacturer shall assume the responsibility for the compliance of the detergent or end-user surfactant with this Regulation.

The Commission shall adopt an implementing act determining the basic technical requirements related to the digital product passport for detergents and end-user surfactants. The date of application of such implementing act shall not be earlier than 18 months from its entry into force, except in duly justified cases relating to the whole implementing act or to certain provisions thereof, or except in the event of partial repeal or amendment of the implementing act, where an earlier date of application may be set. Those technical requirements shall include at least the following:

The actors that update data in the digital product passport shall be responsible for the accuracy of the data they provide, except in cases where they act on behalf of the manufacturer.

The economic operator placing the detergent or end-user surfactant on the market shall:

The data carrier, the unique product identifiers and the unique operator identifiersrequired pursuant to this Regulation shall comply with the standards applicable to data carriers, unique product identifiers and unique operator identifiers pursuant to Regulation (EU) 2024/1781.

Where a unique operator identifier is not yet available, Article 12(2) of Regulation (EU) 2024/1781 shall apply to economic operators that create or update a digital product passport under this Regulation. Any rules and procedures for the lifecycle management of unique identifiers and data carriers set out in delegated acts adopted pursuant to Article 12(4) of Regulation (EU) 2024/1781 shall also apply in respect of unique identifiers and data carriers under this Regulation.

Where a detergent or surfactant is subject to an obligation to provide for a digital product passport under a delegated act adopted pursuant to Article 4 of Regulation (EU) 2024/1781 or under other Union law, the unique product identifier, the unique operator identifier and the unique registration identifier referred to in Article 24(2), first subparagraph, of this Regulation shall be the same.

Any procedures for the issuing and verification of the digital credentials of economic operators and other relevant actors that have access rights to data included in the digital product passport, and which are established by implementing acts adopted pursuant to Article 11, fourth subparagraph, of Regulation (EU) 2024/1781, shall also be applicable for the purposes of this Regulation.

Any requirements that digital product passport service providers are to comply with in order to become such providers, and, where appropriate, in order to provide such services, set out in delegated acts adopted pursuant to Article 11, third subparagraph, of Regulation (EU) 2024/1781 shall also be applicable for the purposes of this Regulation.

Before placing a detergent or end-user surfactant on the market, the relevant economic operator shall upload, in the registry established under Article 13(1) of Regulation (EU) 2024/1781, the unique product identifier and the unique operator identifier for that detergent or end-user surfactant.

Upon the uploading by the economic operator of the data referred to in paragraph 1 in the registry, the registry shall automatically communicate to that economic operator a unique registration identifier associated with the identifiers uploaded in the registry for a specific detergent or end-user surfactant (‘unique registration identifier’). That communication by the registry shall not be deemed to be proof of compliance with this Regulation or other Union law.

The Commission, competent national authorities and customs authorities shall have access to the registry for the purpose of carrying out their duties pursuant to this Regulation.

Detergents and end-user surfactants entering the Union market shall be subject to verifications and other measures laid down in this Article.

Any person intending to place a detergent or end-user surfactant under the customs procedure ‘release for free circulation’ shall provide or make available to customs authorities the unique registration identifier.

Customs authorities may release a detergent or end-user surfactant for free circulation only after having verified as a minimum that the unique registration identifier and the commodity code provided or made available to them corresponds to the data stored in the registry. The release for free circulation shall not be deemed to be proof of compliance with this Regulation or any other Union law.

The verification referred to in paragraph 3 shall take place electronically and automatically via the interconnection between the registry and the EU Customs Single Window Certificates Exchange System and shall apply from 23 September 2029 or from the date that interconnection is operational, whichever is later.

Customs authorities and the Commission may retrieve and use the data on the detergent or end-user surfactant included in the digital product passport and the registry for carrying out their duties pursuant to Union law, including risk management, customs controls and release for free circulation in accordance with Regulation (EU) No 952/2013.

The verifications and other measures laid down in this Article shall be carried out on the basis of the list of commodity codes and product description set out in Annex VII.

This Article is without prejudice to any other Union legal acts, in particular Regulation (EU) No 952/2013 and Chapter VII of Regulation (EU) 2019/1020.

The market surveillance authorities of a Member State may carry out an evaluation in relation to a detergent or surfactant, covering the requirements laid down in this Regulation. Where there is reason to believe that a detergent or surfactant poses a risk to human health or the environment, the market surveillance authorities shall carry out that evaluation. The relevant economic operators shall cooperate with the market surveillance authorities.

When carrying out tests for the purpose of the evaluation referred to in paragraph 1, market surveillance authorities shall use the reference methods set out in the Annexes, as applicable.

Where, in the course of the evaluation referred to in paragraph 1, the market surveillance authorities find that the detergent or surfactant does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the detergent or surfactant into compliance with those requirements, to withdraw it from the market or to recall it, within a reasonable period laid down by the market surveillance authorities and which is commensurate with the nature of the risk referred to in paragraph 1.

Where a market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Commission and the market surveillance authorities of the other Member States of the results of the evaluation and of the corrective action which it has required the economic operator to take.

The economic operator shall ensure that all appropriate corrective action is taken in respect of all the detergents or surfactants concerned that it has made available on the market in the Union.

Where the economic operator does not take adequate corrective action within the period referred to in paragraph 3, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the making available of the detergent or surfactant on their national market, to withdraw it from that market or to recall it.

Market surveillance authorities of Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission and the market surveillance authorities of the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the detergent or surfactant concerned and, in the event of disagreement with those measures, of their objections.

Where, within three months of receipt of the information referred to in paragraph 6, second subparagraph, no objection has been raised by either a market surveillance authority or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.

Market surveillance authorities shall ensure that appropriate restrictive provisional measures, such as withdrawal of the detergent or surfactant from the market, are taken in respect of the detergent or surfactant concerned without delay.

For the purposes of paragraphs 4, 6, 7 and 8 of this Article, market surveillance authorities shall enter the information into the information and communication system referred to in Article 34(1) of Regulation (EU) 2019/1020.

Where, on completion of the procedure set out in Article 26(3) and (6), objections are raised against a measure taken by a market surveillance authority, or where the Commission considers a national measure to be contrary to Union law, the Commission shall without delay enter into consultation with the market surveillance authorities and the relevant economic operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2).

If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant detergent or surfactant is withdrawn from their market and shall inform the Commission accordingly.

If the national measure is considered unjustified, the Member State concerned shall withdraw it.

Where, having carried out an evaluation under Article 26(1), a market surveillance authority finds that, although a detergent or surfactant is in compliance with this Regulation, it poses a risk to human health or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the detergent or surfactant, when placed on the market, no longer presents that risk, to withdraw it from the market or to recall it within a reasonable period laid down by the market surveillance authorities and which is commensurate with the nature of that risk.

The economic operator shall ensure that the measures referred to in paragraph 1 are taken in respect of all the detergents or surfactants concerned that it has made available on the market in the Union.

The market surveillance authorities shall inform the Commission and the market surveillance authorities of the other Member States, without delay, of any measures as referred to in paragraph 1. That information shall include all available details, in particular the data necessary for the identification of the detergents or surfactants concerned, the origin and the supply chain of those detergents or surfactants, the nature of the risk involved and the nature and duration of the national measures taken.

The Commission shall without delay enter into consultation with the market surveillance authorities and the relevant economic operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measures are justified and, where necessary, propose appropriate measures. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2).

Without prejudice to Article 26, where a market surveillance authority makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the detergent or surfactant being made available on the market or ensure that it is recalled or withdrawn from the market.

The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Annexes I and II, Annex III with the exception of phosphorus limit values and Annexes IV to VII, where such amendments are necessary to adapt them to technical or scientific progress.

The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Annex VI, as regards the information to be provided in the digital product passport, for the purposes of adapting it to technical and scientific progress and to the level of digital readiness of market surveillance authorities and of end-users.

The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Article 24(1) to require that additional information, drawn from the information listed in Annex VI, be stored in the registry.

The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Annex I and, where appropriate, Article 4 to:

The purpose of the delegated acts referred to in paragraph 4 shall be to ensure a high degree of protection of human health and the environment. When adopting such delegated acts, the Commission shall take into account:

By 23 September 2028 the Commission shall adopt a delegated act in accordance with Article 31 amending point 7 in Annex II to set out a methodology for a risk assessment at strain level and product level under all foreseeable use conditions as claimed by the manufacturer.

The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Annex IV to set out harmonised requirements, including a harmonised format, on how the ingredients data sheet is to be provided in accordance with Article 8(6), Article 9(4), point (a), Article 10(3) and Article 11(3), and to set out the details of that communication and the conditions that necessitate an update of the ingredients data sheet. When developing those requirements, details and conditions, the Commission shall take into account the need to ensure effective access to the ingredients data sheet by appointed bodies, as well as the need to limit the administrative burden.

Where individual risk-based concentration limits for fragrance allergens are introduced or amended in Regulation (EC) No 1223/2009, the Commission shall adopt delegated acts in accordance with Article 31 of this Regulation amending Annex V to this Regulation in order to adapt it to the concentration limits for the fragrance allergens listed in Annex III to Regulation (EC) No 1223/2009.

Where new fragrance allergens are listed in Annex II or III to Regulation (EC) No 1223/2009, the Commission shall adopt delegated acts in accordance with Article 31 of this Regulation in order to add those fragrance allergens in Part D of Annex V to this Regulation.

By 1 October 2028, the Commission shall adopt delegated acts in accordance with Article 31 to supplement this Regulation by determining the specific requirements for the digital labelling of detergents. Those requirements shall at least establish which types of IT solutions economic operators can use, and the alternative means for providing the information on the digital label referred to in Article 19.

The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Annex V as regards the labelling information that economic operators are allowed to provide digitally only, in accordance with Article 18(2), in order to adapt that Annex to technical and scientific progress and to the level of digital readiness among end-users of detergents and surfactants. When adopting those delegated acts, the Commission shall take into account the need to ensure a high degree of protection of human health and environment.

The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Annex VII in order to update the list of commodity codes and product descriptions of detergents and surfactants. Those amendments shall be based on the list set out in Annex I to Regulation (EEC) No 2658/87.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Article 30 shall be conferred on the Commission for a period of five years from 22 March 2026. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

The delegation of power referred to in Article 30 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Article 30 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

The Commission shall be assisted by the Committee on detergents. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

By 23 March 2033, the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation. That report shall contain an assessment of how this Regulation is achieving its objectives, including the impact on small and medium-sized enterprises, and shall include at least the following elements:

By 23 March 2028, the Commission shall assess the feasibility of further reducing the existing limit values for phosphorus and phosphorus compounds for consumer automatic dishwasher detergents and consumer laundry detergents and of setting limit values for consumer hard surface cleaning products, consumer hand dishwashing detergents, industrial and institutional laundry detergents and industrial and institutional automatic dishwasher detergents. That assessment shall take into account the impact on the environment, the availability of suitable alternatives with less or no phosphorus and the socio-economic impact of substitution.

Detergents and surfactants placed on the market before 23 September 2029 and which are in compliance with Regulation (EC) No 648/2004 as applicable on 22 September 2029 may continue to be made available on the market indefinitely.

Detergents and surfactants placed on the market after 22 September 2029 and before 23 September 2030 and which are in compliance with Regulation (EC) No 648/2004 as applicable on 22 September 2029 may be made available on the market until 23 September 2030.