EU Issues New Detergents and Surfactants Regulation

On March 2, 2026, the EU Official Journal published the Detergents and Surfactants Regulation (EU) 2026/405, which will replace the original Regulation (EC) No 648/2004 on September 23, 2029.

Key Highlights

I. Expanded Scope of Application

• New Product Types: Detergents containing microorganisms, fabric care auxiliary products, odour modifying products.
• New Sales Models: Explicitly covers refill sales to encourage the circular economy.
• New Sales Channels: Regulates distance selling/online sales, aiming to address enforcement challenges for cross-border e-commerce.

II. Key New Requirements

1. Biodegradability Requirements (Phased Implementation)

• Before March 23, 2029: Surfactants must meet biodegradability standards (maintaining existing requirements).
• March 23, 2032: Water-soluble films and polymers within films must meet biodegradability requirements.
• March 23, 2034: Organic substances present at concentrations ≥ 10% in detergents must meet biodegradability standards.

2. Safety Requirements for Detergents Containing Microorganisms

• Microorganisms must be deposited with an International Depositary Authority.
• Identification must be performed using whole genome sequencing.
• Prohibition of specific pathogenic bacteria (e.g., E. coli, Staphylococcus aureus).
• Prohibition of claims for antibacterial/disinfectant effects (unless compliant with the Biocidal Products Regulation).
• Risk assessments must be conducted at both the strain level and the product level.

3. Phosphorus Content Limits (Maintained and Potentially Tightened)

4. Digital Product Passport (DPP) – Major Innovation

• Manufacturers must create a DPP for each detergent/end-user surfactant.
• Accessible via a data carrier, containing a Unique Product Identifier.
• Customs will automatically verify the DPP (from September 23, 2029, or once the system interconnection is operational).
• Information must be kept for at least 10 years.

5. Digital Labelling – Major Innovation

• Allows providing some mandatory labelling information via digital means, reducing physical label clutter.
• However, health/environmental protection information and minimum usage instructions must remain on the physical label.
• Refill products may use digital labelling more extensively, but simplified dosage instructions and allergen information are still required.

III. Obligations of Economic Operators

• Manufacturers: Ensure product compliance, prepare technical documentation, create DPP, conduct conformity assessment, provide ingredient datasheets, keep records for 10 years.
• Importers: Verify manufacturer compliance, ensure DPP creation, provide ingredient datasheets, indicate their own contact information.
• Distributors: Exercise due diligence, verify labelling and DPP, keep records, report non-compliance.
• Non-EU Manufacturers: Must designate an EU Authorised Representative responsible for compliance liaison.

IV. Animal Testing Ban

• In principle, bans animal testing on detergents/surfactants for the purpose of complying with this Regulation.
• Allows the use of historical data obtained before March 22, 2026.
• The Commission may grant derogations under exceptional circumstances.

V. Market Surveillance and Customs Controls

• Customs will automatically verify the unique registration identifier of the DPP for imported products.
• Establishes an EU safeguard procedure to handle enforcement disagreements between Member States.
• Measures can still be taken even if a product is compliant, if risks to health/environment are identified.

VI. Transitional Arrangements

• Before September 23, 2029: Products already placed on the market under the old Regulation can continue to be sold.
• September 23, 2029 – September 23, 2030: Products manufactured according to the old Regulation but not yet entering the distribution chain can be placed on the market.
• After September 23, 2030: All products must comply with the new Regulation.

Further Information

OJ