Recital (59)

In order to take into account technical and scientific progress or new scientific evidence, and the level of digital readiness, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes to this Regulation to adapt them to technical progress; further supplementing the general requirements on digital labelling; amending the labelling information able to be provided in digital format only; amending the limit of the fragrance allergens when individual risk-based concentration limits for fragrance allergens are established under Regulation (EC) No 1223/2009 of the European Parliament and of the Council or adding new fragrance allergens; and amending the existing biodegradability requirements to introduce biodegradability requirements for substances and mixtures other than surfactants in detergents, including detergent capsules, when new scientific evidence so requires or allowing for derogation from such criteria in duly justified cases. The Commission should also be empowered to amend, by means of delegated acts, the specific information to be included in the digital product passport, as well as the information to be included in the registry. In addition, in order to facilitate the work of customs authorities in relation to detergents and surfactants and the requirements set out in this Regulation, the Commission should be empowered to adopt delegated acts amending the Annex to this Regulation containing the list of commodity codes, as set out in Annex I to Council Regulation (EEC) No 2658/87, and product descriptions of detergents and surfactants. When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.