Recital 11

(11)There are some substances used in detergents, other than surfactants, which can remain in wastewater after use and, if not removed by wastewater treatment plant operators through costly processes, persist and build up in the environment. In order to facilitate innovation and address potential risks to human health and the environment, and to support the objectives of Directive (EU) 2024/3019 of the European Parliament and of the Council ⁸ , ambitious targets should be set out for the introduction of biodegradability criteria and corresponding test methods for other ingredients in detergents, prioritising ingredients with potentially higher impacts on the environment. The Commission should, in a first stage, develop biodegradability criteria for water-soluble polymeric films used to encapsulate detergents and for all polymers within such films, and in a second stage should develop such criteria for other organic substances used in high concentration in detergents, representing at least 10 % of the product. To ensure an equal treatment between products irrespective of their liquid or solid form and to avoid dilution, that percentage should be calculated out of the total mass of substances, including various solvents, without taking into account the water content. The Commission should also determine suitable test methods, to ensure uniform implementation and effective market surveillance across the Union. In addition, for reasons of legal clarity and predictability, realistic timelines should be set for manufacturers to adapt their product formulations to meet the biodegradability criteria to be developed by the Commission for either the films or the polymers within films and the organic substances in high concentrations. To ensure flexibility of the rules in duly justified cases, the Commission should be empowered to introduce derogations from the biodegradability requirements to ensure that the efficiency, availability and affordability of detergents is not affected. Finally, to ensure a high degree of protection of the environment, the Commission should also assess the feasibility of introducing biodegradability criteria for organic substances present in lower concentrations or of lowering the minimum threshold. Such a comprehensive and staged approach towards biodegradability should ensure steady progress towards biodegradable products, within realistic timelines. To give manufacturers time to adapt product formulations, sufficient transitional periods should be provided and relevant test criteria should be established well in advance.