32026R0405#rec_57Regulation (EU) 2026/405 of the European Parliament and of the Council

Recital (57)

Regulation (EC) No 648/2004 provides for a safeguard procedure which allows the Commission to examine the justification for a measure taken by a Member State in respect of detergents and surfactants considered to constitute a risk. In order to increase transparency, it is necessary to improve the previous safeguard procedure, with a view to making it more efficient and drawing on the expertise available in Member States. The previous system should be replaced by a procedure under which interested parties are informed of measures intended to be taken with regard to detergents and surfactants posing a risk to health or the environment. Market surveillance authorities should be allowed, in cooperation with the relevant economic operators, to act at an early stage in respect of such detergents and surfactants. The Commission should, by means of implementing acts, with the application of the examination procedure laid down in Regulation (EU) No 182/2011 of the European Parliament and of the Council, determine whether a provisional measure in respect of a detergent or surfactant posing a risk is justified. That specific safeguard procedure applies without prejudice to routine controls performed by market surveillance authorities in accordance with Regulation (EU) 2019/1020.

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