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Penalties
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Reports and reviews
1. 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: (a) as regards detergents containing micro-organisms, the suitability of the requirements set out in Annex II to ensure the safety of those products for human health and the environment; (b) as regards biodegradability, an assessment of the feasibility of introducing biodegradability criteria for organic substances intentionally added in detergents in concentrations lower than 10 % w/w of the total mass of substances, excluding water, other than surfactants, films and polymers within films, including with a view to examining the feasibility of revising the 10 % threshold downwards; (c) as regards the protection of human health and the environment from the most harmful substances, an assessment of the need to include provisions in this Regulation on the presence of those substances in detergents and surfactants, taking into account the interaction of this Regulation with other relevant Union law; (d) as regards detergents containing biocidal active substances, other than those listed in Annex I to Regulation (EU) No 528/2012, an assessment of the need to introduce stricter rules; (e) as regards detergents containing phosphates and other phosphorus compounds, the possibility to limit further the phosphorus content or add limitations of phosphorus content on other products categories to Annex III, with a view to examining the feasibility of phasing out phosphorus, taking into account the impact on the environment, the availability of alternatives and the socio-economic impact of substitution; (f) the need to introduce additional rules on labelling of consumer laundry detergents sold in bottles with lids, where such lids are intended to be used as measuring cups, taking into account both the feasibility and the potential of improving the correct and safe use of detergents; and (g) the necessity, feasibility, technical consequences and benefits for human health, the climate and the environment of the introduction of mandatory targets for renewable raw materials and recycled content in detergents and surfactants, taking into account the socio-economic impact, competitiveness of economic operators in the Union, sustainable sourcing and use of renewable feedstock, climate change mitigation potential and the potential for using food waste in detergents and surfactants. The report referred to in the first subparagraph shall be accompanied, where appropriate, by a legislative proposal. 2. 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. The Commission shall present a report on the main conclusions of the assessment referred to in the first subparagraph of this paragraph to the European Parliament and to the Council, which may be accompanied, if appropriate, by a legislative proposal for the amendment of Annex III.
Repeal of Regulation (EC) No 648/2004
Regulation (EC) No 648/2004 is repealed with effect from 23 September 2029. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.
Transitional provisions
1. 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. 2. 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.
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation, with the exception of Article 4(3) and (4), shall apply from 23 September 2029.
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