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The Detergents (Amendment) Regulations 2013

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This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Detergents Regulations 2010 (“the 2010 Regulations”) to reflect the changes made by EU Regulation 259/2012 (“Regulation 259/2012”) of the European Parliament and of the Council amending Regulation (EC) No 648/2004 (“Regulation 648/2004”) as regards the use of phosphates and other phosphorus compounds in consumer laundry detergents and consumer automatic dishwasher detergents (OJ No L94, 30.3.2012, p.16).

Regulation 9 of the 2010 Regulations (which made it an offence to place on the market a detergent intended for use in domestic laundry if the weight of phosphorous in inorganic phosphate contained in the detergent was greater than 0.4% of the weight of the detergent) was due to come into force on 1st January 2015, but has been revoked by these Regulations. Instead, regulation 2(3) inserts a new offence of placing a consumer laundry detergent on the market which is in contravention of Article 4a (inserted by Regulation 259/2012) which limits the total content of phosphorus to 0.5 grams in the recommended quantity of the consumer laundry detergent to be used in the washing process.

Regulation 3 inserts a new regulation 31 requiring the Secretary of State to review the operation and effect of the 2010 Regulations as they apply to England, and publish a report within five years beginning with 30th June 2013 and within every five years after that. Following a review the Secretary of State must consider, in relation to England, whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

Regulation 4 amends Schedule 2 to the 2010 Regulations to show which enforcement authorities in the United Kingdom are responsible for enforcement of Article 4a and Annex VIa of Regulation 648/2004.

A full impact assessment has not been produced for this instrument as no impact on the private, voluntary or a public sector is foreseen.

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