DetR in plain terms
The Detergents Regulation (DetR), formally Regulation (EC) No 648/2004, is the EU’s dedicated law for placing detergents and surfactants for detergents on the market. It harmonises five things: the biodegradability of surfactants, restrictions or bans on surfactants on biodegradability grounds, the additional labelling of detergents including fragrance allergens, the information manufacturers must hold for the competent authorities and medical personnel, and the limits on phosphates and other phosphorus compounds in consumer laundry and automatic dishwasher detergents (Art. 1). Because it is a regulation it entered into force and applied directly in every Member State on 8 October 2005, the day it repealed the five detergent directives of 1973 to 1986 and Recommendation 89/542/EEC (Art. 17 and Art. 19).
The regulation sits on top of the general chemicals rules rather than replacing them: its information and labelling duties are without prejudice to REACH, to the classification, labelling and packaging rules of the CLP Regulation and to the poison-centre notification of Article 45 CLP (Art. 9(1) and Art. 11(1)). Its days are now counted: Regulation (EU) 2026/405 on detergents and surfactants entered into force on 22 March 2026 and repeals it with effect from 23 September 2029 (Regulation (EU) 2026/405, Art. 35 and Art. 37).
Official text Read the regulation on EUR-Lex: Regulation (EC) No 648/2004 (CELEX 32004R0648), or the consolidated text of 1 June 2015 that includes the fragrance-allergen labelling, the CLP alignment and the phosphorus limits. The successor is Regulation (EU) 2026/405 (CELEX 32026R0405).
Scope
A detergent is any substance or mixture containing soaps or other surfactants intended for washing and cleaning processes, in any form, liquid, powder, paste, bar, cake or moulded piece, and marketed for household, institutional or industrial use. The regulation adds four groups that count as detergents in their own right: auxiliary washing mixtures for soaking, rinsing or bleaching, laundry fabric softeners, cleaning mixtures for all-purpose and surface cleaning, and other cleaning and washing mixtures (Art. 2(1)). Washing means the cleaning of laundry, fabrics, dishes and other hard surfaces (Art. 2(2)), so soap and shower gel for the body are cosmetic products under Regulation (EC) No 1223/2009 instead. A surfactant is an organic substance or mixture with surface-active properties, hydrophilic and hydrophobic groups, and the ability to reduce the surface tension of water, form monolayers, emulsions or micelles and adsorb at water-solid interfaces (Art. 2(6)).
Regulation (EU) No 259/2012 added the two consumer categories that carry extra duties: a consumer laundry detergent is a laundry detergent placed on the market for use by non-professionals, including in public laundrettes, and a consumer automatic dishwasher detergent is one placed on the market for use in automatic dishwashers by non-professionals (Art. 2(1a) and (1b)). An industrial and institutional detergent is one for washing and cleaning outside the domestic sphere, carried out by specialised personnel using specific products (Art. 2(12)).
The duties fall on the manufacturer, defined as the natural or legal person responsible for placing a detergent or surfactant on the market: a producer, an importer, a packager working for his own account, or anyone changing the characteristics of the product or creating or changing its labelling. A distributor who changes nothing is not a manufacturer, except where he acts as an importer (Art. 2(10)). Placing on the market is the first making available on the Union market, and import into the Union customs territory is deemed placing on the market (Art. 2(9)). Manufacturers must be established within the Community and are responsible for conformity (Art. 3(2) and (3)).
Surfactants that are biocidal active substances used as disinfectants are exempt from the biodegradability annexes II, III, IV and VIII when they are listed or authorised under the biocides rules, and the detergent that contains them is labelled as containing a disinfectant (Art. 3(1)). The article still cites Directive 98/8/EC, but that directive was repealed with effect from 1 September 2013, and references to it are construed as references to the Biocidal Products Regulation and read in accordance with the correlation table in its Annex VII (Regulation (EU) No 528/2012, Art. 96). In practice you therefore check the exemption against Regulation (EU) No 528/2012 today, and Regulation (EU) 2026/405 writes the same exemption out in its terms, covering the Union list of approved active substances and Annex I to that regulation, the review programme under Commission Delegated Regulation (EU) No 1062/2014 and constituents of disinfectants allowed under its Article 55 (Regulation (EU) 2026/405, Art. 4(2)).
What you must do
Biodegradability of surfactants
Surfactants, and detergents containing them, may be placed on the market without further biodegradability limits when they meet the Annex III criteria for ultimate aerobic biodegradation (Art. 4(1)). Annex III sets a pass level of at least 60 % mineralisation within 28 days in one of six tests, with EN ISO 14593:1999, the CO2 headspace test, as the reference method, and allows two DOC die-away methods with a 70 % pass level where the surfactant’s physical characteristics justify it (Annex III, points A and B). Tests must be run under the Annex I standards, EN ISO/IEC 17025 or the principles of good laboratory practice (Art. 7).
Where a surfactant fails Annex III, manufacturers of industrial or institutional detergents, or of surfactants for them, may apply for a derogation to the competent authority of the Member State and the Commission, with a technical file containing the Annex II primary biodegradability results, which must reach at least 80 %, and the Annex IV complementary risk assessment (Art. 4(2), Art. 4(3) and Art. 5). The Commission grants derogations for low-dispersive, specific industrial or institutional uses where the environmental risk is small compared with the socio-economic benefit, and lists them in Annex V; surfactants refused a derogation go into Annex VI (Art. 6). Annex V held one entry, a Guerbet alcohol ethoxylate for bottle washing, cleaning-in-place and metal cleaning, until 27 June 2019; Annex VI is empty (Annex V and Annex VI, as replaced by Regulation (EC) No 551/2009).
Phosphorus limits
Since 30 June 2013 a consumer laundry detergent may not be placed on the market if its total phosphorus content is 0,5 g or more in the recommended quantity for the main cycle of a standard washing machine load in hard water, and since 1 January 2017 a consumer automatic dishwasher detergent may not be placed on the market if its total phosphorus content is 0,3 g or more in the standard dosage (Art. 4a and Annex VIa). The dishwasher limit stood because the Parliament and Council did not decide otherwise on the basis of the Commission’s review by 31 December 2016 (Art. 16). Member States may keep or lay down national phosphate rules for detergents the annex does not cover, such as hand dishwashing liquids or industrial products (Art. 14(2)). Regulation (EU) 2026/405 carries both limits forward in its Annex III and asks the Commission to assess further reductions and new product categories by 23 March 2028 (Regulation (EU) 2026/405, Art. 6, Art. 34(2) and Annex III).
Information for the authorities and for medical personnel
Manufacturers must hold at the disposal of the competent authorities the results of the Annex III tests and, for surfactants in a derogation request, the Annex II and Annex IV technical files, and must have documentation showing that the tests were performed correctly and that they may use the results (Art. 9(1) and (2)). For every mixture covered by the regulation they must keep an ingredient datasheet per Annex VII C, listing all ingredients in decreasing order of weight within the bands 10 % or more, 1 % to below 10 %, 0,1 % to below 1 % and below 0,1 %, with the common or IUPAC name, the INCI name where available, the CAS number and the European Pharmacopoeia name, and hand it without delay and free of charge to any medical personnel who ask, or to a public body the Member State has designated; the recipients keep it confidential and use it only for medical purposes (Art. 9(3) and Annex VII C).
Labelling
The consumer packaging must show, legibly, visibly and indelibly, the name and trade name of the product, the name or trade mark, full address and telephone number of the party responsible for placing it on the market, and the address, email address where available and telephone number from which the datasheet can be obtained; the same information goes on the documents accompanying bulk transport (Art. 11(2)). The contents are declared per Annex VII A: eighteen constituent classes, from phosphates, phosphonates and the anionic, cationic, amphoteric and non-ionic surfactants to bleaching agents, EDTA, NTA, phenols, hydrocarbons, soap, zeolites and polycarboxylates, shown in the bands below 5 %, 5 % to below 15 %, 15 % to below 30 % and 30 % and more where added above 0,2 %; enzymes, disinfectants, optical brighteners and perfumes whenever added; preservatives by their common nomenclature; and allergenic fragrances above 0,01 % by name, using the cosmetics nomenclature (Art. 11(3) and Annex VII A). The packaging also carries instructions for use and special precautions, and the website address where the ingredient list can be obtained.
Consumer laundry detergents add the Annex VII B dosage information: recommended quantities in millilitres or grams for a standard load in soft, medium and hard water, the number of standard loads per package in medium-hard water, 4,5 kg of dry fabric for heavy-duty and 2,5 kg for light-duty detergents, and the capacity and markings of any measuring cup; consumer automatic dishwasher detergents state the standard dosage for the main cycle in a fully loaded 12 place settings dishwasher (Art. 11(4) and Annex VII B). Where a Member State requires labelling in its national language, manufacturers and distributors must comply for the contents and dosage information (Art. 11(5)). Detergents intended for use in the industrial and institutional sector and not made available to members of the general public may replace the Annex VII A labelling by technical data sheets, safety data sheets or a similar appropriate means, provided the equivalent information is given (Annex VII A).
The public ingredient list
Manufacturers must publish the ingredient datasheet on a website, without the weight bands and CAS numbers, using INCI names or, failing those, the European Pharmacopoeia, common or IUPAC name, the words parfum and colorant for perfumes and colouring agents, and the allergenic fragrances above 0,01 % by name. Access may not be restricted, the content must be kept up to date, and the site must link to a table of correspondence between INCI names, Pharmacopoeia names and CAS numbers. Industrial or institutional detergents and their surfactants are exempt where a technical or safety data sheet is available (Annex VII D).
Obligations by role
The manufacturer, whoever places the product on the market, carries the biodegradability, testing, documentation, datasheet, labelling, dosage, website and phosphorus duties (Art. 3, Art. 4, Art. 4a, Art. 9 and Art. 11). An importer is deemed a manufacturer and is the Community-established responsible party the regulation demands (Art. 2(9), Art. 2(10) and Art. 3(2)). A distributor that sells the product unchanged is not a manufacturer, but one that repackages, relabels, private-labels or imports takes on the whole manufacturer role, and every distributor must respect national language requirements (Art. 2(10) and Art. 11(5)).
The successor regulation from 23 September 2029
Regulation (EU) 2026/405 was signed on 11 February 2026, published on 2 March 2026 and entered into force on 22 March 2026. It applies from 23 September 2029, when it repeals Regulation (EC) No 648/2004, except its Article 4(3) and (4), which apply immediately and require films and polymers within films to meet biodegradability criteria by 23 March 2032 and other organic substances added at 10 % or more by 23 March 2034 (Regulation (EU) 2026/405, Art. 4, Art. 35 and Art. 37). The new act widens the definition of detergent to substances, mixtures or micro-organisms intended to clean, soak, rinse, bleach, soften or scent fabrics, dishes or surfaces, sets requirements for detergents containing micro-organisms, limits animal testing, keeps the phosphorus limits, and adds obligations of manufacturers, authorised representatives, importers and distributors, supply through refill, general and digital labelling, distance-sales rules, a digital product passport with customs controls, and the market surveillance procedures of the new legislative framework (Regulation (EU) 2026/405, Art. 2(1), Art. 5, Art. 7, Art. 8 to Art. 29). Products placed on the market before 23 September 2029 under the old rules may be made available indefinitely; products placed on the market between 23 September 2029 and 22 September 2030 under the old rules may be made available until 23 September 2030 (Regulation (EU) 2026/405, Art. 36).
Enforcement and penalties
Each Member State appoints the competent authorities and notifies the Commission of its approved laboratories (Art. 8). The authorities may apply all necessary control measures to detergents on the market, using the Annex VIII reference methods, without obliging manufacturers to repeat or pay for tests already passed at an approved laboratory (Art. 10). A Member State that believes a compliant detergent still presents a risk to human or animal health or the environment may provisionally withdraw, recall or restrict it and must inform the other Member States and the Commission, which decides within ninety days (Art. 15). Member States lay down effective, proportionate and dissuasive penalties, may empower the authorities to prevent the making available of non-compliant detergents and surfactants, and must allow the detention of non-compliant consignments (Art. 18). Market surveillance follows Regulation (EU) 2019/1020, which lists the regulation in its Annex I.
In Denmark the regulation applies directly and is supervised by Miljøstyrelsen’s chemicals inspection, Kemikalieinspektionen, under the chemicals act (lov om kemikalier, lovbekendtgørelse nr. 1200 of 25 September 2025). The supervisory authority must have an unlawful situation ended and may order the responsible party to stop sales, warn users, remedy the cause, recall or destroy the product (§ 48). Infringing an EU regulation on substances, mixtures or articles covered by the act is punished with a fine unless a higher penalty is due under other legislation (§ 59(1)(1)), and the penalty rises to imprisonment of up to two years where the infringement is intentional or grossly negligent and has harmed or endangered the life or health of people or domestic animals, has harmed or endangered the environment, or has obtained or was intended to obtain an economic advantage, including through savings (§ 59(2)). The supervisory authority, or the police on its behalf, may seize unlawful substances, mixtures and articles under the rules of Chapter 74 of the Administration of Justice Act (§ 48 b), companies can be held criminally liable (§ 60), and the limitation period for that liability is five years (§ 61).
How Conphora helps
Conphora monitors DetR and its successor and maps your detergents against the requirements, flagging gaps in the biodegradability evidence, the Annex VII A contents declaration and fragrance allergens, the ingredient datasheet and website list and the phosphorus limits before they become enforcement problems. The platform helps you build and keep the documentation the competent authorities may ask for and alerts you when a requirement starts or stops, such as the switch to Regulation (EU) 2026/405 on 23 September 2029 and the digital product passport that comes with it.
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Sources
- Regulation (EC) No 648/2004 on detergents, consolidated text of 1 June 2015 (EUR-Lex)
- Regulation (EC) No 648/2004 as published in OJ L 104, 8 April 2004 (EUR-Lex)
- Document information, dates and relationships for CELEX 32004R0648 (EUR-Lex)
- Commission Regulation (EC) No 907/2006 adapting Annexes III and VII (EUR-Lex)
- Regulation (EC) No 1336/2008 adapting Regulation (EC) No 648/2004 to the CLP Regulation (EUR-Lex)
- Regulation (EC) No 219/2009 adapting acts to the regulatory procedure with scrutiny (EUR-Lex)
- Commission Regulation (EC) No 551/2009 adapting Annexes V and VI (EUR-Lex)
- Regulation (EU) No 259/2012 on phosphates and other phosphorus compounds in consumer detergents (EUR-Lex)
- Regulation (EU) 2026/405 on detergents and surfactants, repealing Regulation (EC) No 648/2004 (EUR-Lex)
- Procedure 2023/0124(COD), detergents and surfactants (EUR-Lex)
- Regulation (EU) 2019/1020 on market surveillance and compliance of products (EUR-Lex)
- Regulation (EC) No 1223/2009 on cosmetic products (EUR-Lex)
- Chemicals legislation, detergents section (European Commission, DG GROW)
- Commission welcomes political agreement on product safety for detergents, 11 June 2025 (European Commission)
- Vaske- og rengøringsmidler (Miljøstyrelsen)
- Faktaark: Vaske- og rengøringsmidler (Miljøstyrelsen)
- Faktaark: Vaske- og rengøringsmidler, kommende regler (Miljøstyrelsen)
- Bekendtgørelse af lov om kemikalier, lovbekendtgørelse nr. 1200 af 25. september 2025 (Retsinformation)
This guide is for general information and is not legal advice.