Article 26 — Procedure at national level for market surveillance of detergents and surfactants

1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. The market surveillance authorities shall inform the Commission and the market surveillance authorities of the other Member States, without delay, of any measures they take under the first subparagraph. That information shall include all available details, in particular the data necessary for the identification of the non-compliant detergent or surfactant, the origin of that detergent or surfactant, the nature of the alleged non-compliance and the risk involved, the nature and duration of the measures taken and the arguments put forward by the relevant economic operator. 7. 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. 8. 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. 9. 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. 10. 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.