Delegated powers
Article 30
1. 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. 2. 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. 3. 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. When adopting delegated acts in accordance with the first subparagraph, the Commission shall take into account the following criteria: (a) coherence with other relevant Union legal acts; (b) the need to allow for verification of the authenticity of the digital product passport; (c) the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs controls for detergents and end-user surfactants; and (d) the need to avoid imposing a disproportionate administrative burden on economic operators and national authorities. 4. The Commission is empowered to adopt delegated acts in accordance with Article 31 amending Annex I and, where appropriate, Article 4 to: (a) amend the biodegradability criteria and corresponding test methods for surfactants or surfactants contained in detergents; (b) set out biodegradability criteria and corresponding test methods for intentionally added organic substances other than surfactants; or (c) set out exceptions authorising the limited use in detergents of specific organic substances that do not comply with the biodegradability criteria laid down in accordance with point (b), where duly justified. By 23 March 2029, the Commission shall adopt delegated acts setting out biodegradability criteria and test methods for films and polymers within films. By 23 March 2031, the Commission shall adopt delegated acts setting out biodegradability criteria and test methods for organic substances intentionally added in concentration of at least 10 % w/w of the total mass of substances, excluding water, in detergents, other than surfactants, films and polymers within films. 5. 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: (a) the impact on human health and the environment, including scientific evidence pointing to the existence of a risk; (b) manufacturing practices; (c) the availability of technically and economically feasible alternatives; (d) the consequence on wastewater treatment plants; and (e) the impact on small and medium-sized enterprises. 6. 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 methodology referred to in the first subparagraph shall contain the rules for the identification and characterisation of micro-organisms and the criteria for determining that the detergent is safe for human health and the environment, including the skin and respiratory sensitisation potential of products in a spray format, and potential risks in the event of ingestion of detergents used on surfaces in contact with food. The methodology referred to in the first subparagraph shall be established by using non-animal testing methods, without prejudice to any other relevant Union law, and shall not prevent the use of historical data. 7. 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. 8. 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. 9. 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. 10. 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. When adopting the delegated acts referred to in the first subparagraph, the Commission shall take into account the following criteria: (a) the need for the digital labelling not to compromise the safety of end-users and the environment; (b) coherence with other relevant Union acts; (c) the need to encourage innovation; (d) technological neutrality characterised by absence of constraints or prescriptions on the choice of technology or equipment, within the bounds of compatibility and avoidance of interference; and (e) the level of digital readiness among all population groups in the Union, as well as the readiness of the wireless and other technological infrastructure necessary for allowing unrestricted access to the information on detergents and surfactants. 11. 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. 12. 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.