Article 28 — Compliant detergents and surfactants which pose a risk to human health or to the environment

1. 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. 2. 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. 3. 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. 4. 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). The Commission shall address its decision to all Member States and shall immediately communicate it to them and to the relevant economic operators.