Regulation (EU) 2026/405 was published on 2 March 2026, replacing the 22-year-old Regulation (EC) No 648/2004. It introduces a Digital Product Passport, closes biodegradability loopholes, bans animal testing, and brings refill products and microbial cleaners fully into scope — while preserving the national-level complexity that manufacturers across the EU already know well.
1. The New Regulation - quick overview
Regulation (EU) 2026/405 of the European Parliament and of the Council on detergents and surfactants was formally published in the Official Journal of the European Union on 2 March 2026. It enters into force on approximately 22 March 2026 — twenty days after publication — and fully applies from 23 September 2029.
It repeals Regulation (EC) No 648/2004 in its entirety. That regulation had been the governing framework for detergents and surfactants in the EU since 8 October 2005— through two decades of market change, the rise of digital commerce, and the EU's Green Deal transformation.
The new regulation applies to:
- Household detergents such as laundry, automatic dishwashing, hard surface, and general cleaning products.
- Industrial and institutional detergents.
- Surfactants used as ingredients in detergent products.
- Water-soluble packaging films used with detergents (e.g., laundry pods).
- Refill-format detergents — now explicitly in scope for the first time.
- Micro-organism based cleaning products — also newly brought into scope.
Like Regulation 648/2004, it applies as a directly binding regulation across all 27 EU member states without national transposition. However, as with the previous regulation, member states retain the ability to impose additional national requirements in certain areas. That means the compliance picture across the EU remains more complex than a single document suggests. And also, penalties for non-compliance with the regulation are also implemented by each member state individually.
Like Regulation 648/2004, it applies as a directly binding regulation across all 27 EU member states without national transposition. However, as with the previous regulation, member states retain the ability to impose additional national requirements in certain areas — meaning the compliance picture across the EU remains more complex than a single document suggests. And also, penalties for non-compliance with the regulation are also implemented by each member state individually.
2. Key changes from 648/2004 or what is new
Digital Product Passport (DPP) as one of the defining changes
The most significant operational change in Regulation 2026/405 is the introduction of a mandatory Digital Product Passport. This replaces the EU declaration of conformity as the primary mechanism for demonstrating compliance. The DPP must be:
-
Machine-readable, structured, and searchable.
-
Connected to the product via a data carrier such as a QR code.
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Linked to a unique product identifier.
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Registered in the EU Commission's central registry.
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Declared at EU customs when imported products are presented at the border.
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Aligned with the technical standards of the Ecodesign for Sustainable Products Regulation (ESPR).
Here's a quick review of DPP time-line for easier and better orientation:
- Mandatory for all newly marketed products: coming late 2029 into force.
- Transitional provisions for existing stock: defined in implementing acts (pending).
- Commission central registry: to be established by Commission implementing act.
Biodegradability — no more derogations
Under Regulation 648/2004, manufacturers could apply for a derogation from ultimate biodegradability requirements for certain surfactants. Regulation 2026/405 abolishes this possibility entirely. All surfactants in detergent formulations must meet the ultimate biodegradability standard with no exceptions and no application process.
Additionally, stricter biodegradability requirements now apply specifically to water-soluble packaging films, such as those used in unit-dose laundry capsules. This is an area where the previous regulation provided limited guidance.
Animal testing — explicitly prohibited
Regulation 648/2004 was silent on animal testing. Regulation 2026/405 introduces an explicit legislative ban. No animal testing may be conducted in connection with the production of in-scope detergents or surfactants. This obligation extends through the supply chain: ingredient suppliers must also be able to demonstrate non-animal testing compliance.
Labelling — simplified physical label, richer digital disclosure
The regulation modernises labelling through a dual-channel approach. Physical labels are streamlined and simplified. Detailed ingredient information — particularly fragrance allergens and preservatives — must be made digitally accessible, both to consumers and to medical and emergency personnel. This digital disclosure is delivered via the data carrier linked to the DPP.
Labelling requirements continue to operate alongside the CLP Regulation (EC No 1272/2008), which governs the classification, labelling and packaging of hazardous mixtures.
Ingredient datasheets
The obligation to provide a separate ingredient data sheet for hazardous detergents — a standalone requirement under the old regulation — has been abolished. The DPP effectively absorbs and replaces this function. However, two categories of product information remain important:
|
Audience |
What Is Required |
|
Medical personnel |
Full ingredient disclosure by concentration band (≥10%, 1–10%, 0.1–1%, <0.1%), including perfumes, colorants and allergenic fragrances above 0.01% — available on request, without delay or charge |
|
General public |
Digitally accessible ingredient list in descending order of concentration, including allergenic fragrances above 0.01% — accessible without login via the digital label channel |
|
Professional-use products |
Ingredient data may be included in the Safety Data Sheet (SDS), Sections 1 and 3, where the product is for professional use only |
Summary: old regulation versus new
|
Area |
Change under Regulation 2026/405 |
|
Biodegradability derogation |
Abolished — no exceptions permitted for any surfactant |
|
Animal testing |
Explicitly prohibited (was unaddressed in 648/2004) |
|
Digital Product Passport |
New mandatory requirement — replaces declaration of conformity |
|
Physical labelling |
Streamlined; detailed allergen/preservative data moved to digital channel |
|
Ingredient data sheet |
Obligation removed; absorbed into DPP digital disclosure |
|
Refill products |
Explicitly in scope for the first time; specific rules apply |
|
Microbial cleaners |
Explicitly in scope for the first time |
|
Water-soluble films |
Stricter biodegradability requirements introduced |
|
EU establishment requirement |
Removed — no longer required to be EU-established |
|
Approved laboratory requirement |
Removed — mandatory use of approved labs abolished |
|
Customs declaration |
New — DPP reference must be declared at EU border for imports |
3. Poison Centre Notification (PCNs) for Detergents
Detergents classified as hazardous under the CLP Regulation — based on their health or physical hazard profile — must be notified to poison centres in accordance with Article 45(1) and Annex VIII of CLP, using the harmonised PCN format via the ECHA CPNP submission portal. This is a mandatory step before any such product is placed on the market in any EU country.
Regulation 2026/405 does not replace or absorb PCN obligations. PCN requirements under CLP continue independently, and the two frameworks must be managed in parallel.
PCN and Regulation 2026/405 — two systems, one product quick summary:
- PCN obligations (CLP Art. 45 + Reg. 2017/542) are already in force and apply to hazardous detergents now.
- The DPP under Regulation 2026/405 is a separate compliance instrument with different content and a different registry.
- However, composition data collected for PCN substantially overlaps with data required for the DPP digital label.
- A formulation change triggers both a PCN update obligation and a DPP update obligation — change management processes must capture both.
- The UFI (Unique Formula Identifier) on the label for PCN purposes is distinct from the DPP product identifier — both will appear on or with the product.
PCN deadlines: already in force
PCN obligations are not future requirements. They have been in effect since:
• 1 January 2021 — consumer use products
• 1 January 2021 — professional use products
• 1 January 2024 — industrial use products
The only "real deadline" was 1 January 2025, when all mixtures must be fully compliant.
If PCN submissions are not in place for all in-scope products, this is an immediate compliance gap — independent of Regulation 2026/405, and requiring action without delay.
4. National Requirements - The Complexity Beneath the Regulation
Regulation 2026/405 applies uniformly across all 27 EU member states. But as with its predecessor, the regulation does not tell the whole compliance story. Several member states maintain additional national requirements for detergent products — ranging from separate notification portals and language-specific documentation, to fees and country-specific data formats.
These national-level obligations apply in addition to the requirements of the EU regulation, and must be assessed market by market for any business selling across multiple EU countries.
Countries with known additional national requirements are:
- Czech Republic
- Germany
- Greece
- Italy
- Slovakia
- Spain
- Sweden
These seven member states currently require national-level actions beyond the EU regulation — including, in some cases, notifications for non-hazardous detergents that are not subject to the CLP PCN requirements. The specific obligations vary by country and may include:
• Use of a national platform in addition to or instead of the ECHA PCN portal
• Submission of product data in the national language
• Notification fees at the national level
• Country-specific data fields or formats not required by the EU regulation
• Notifications for non-hazardous products not otherwise covered by CLP Art. 45
Additional note on national requirements under 2026/405
As the new regulation is implemented, the national landscape may shift. Member states may update, expand or reduce their additional requirements in response to the new framework — particularly as implementing acts defining DPP technical specifications are published. Companies operating across multiple EU markets should monitor national-level developments as part of their compliance programme.
5. Compliance Timeline
|
Area |
Change under Regulation 2026/405 |
|
Biodegradability derogation |
Abolished — no exceptions permitted for any surfactant |
|
Animal testing |
Explicitly prohibited (was unaddressed in 648/2004) |
|
Digital Product Passport |
New mandatory requirement — replaces declaration of conformity |
|
Physical labelling |
Streamlined; detailed allergen/preservative data moved to digital channel |
|
Ingredient data sheet |
Obligation removed; absorbed into DPP digital disclosure |
|
Refill products |
Explicitly in scope for the first time; specific rules apply |
|
Microbial cleaners |
Explicitly in scope for the first time |
|
Water-soluble films |
Stricter biodegradability requirements introduced |
|
EU establishment requirement |
Removed — no longer required to be EU-established |
|
Approved laboratory requirement |
Removed — mandatory use of approved labs abolished |
|
Customs declaration |
New — DPP reference must be declared at EU border for imports |
6. What Detergent Manufacturers and Importers Need to Do
Now — immediate priority actions:
- Map your full product portfolio against the new regulation's scope, including refill and microbial products.
- Audit all surfactant formulations for ultimate biodegradability compliance — derogation options no longer exist.
- Confirm animal testing status for all products and ingredients; obtain written declarations from suppliers.
- Check PCN status — if any products with physical or health hazardslack a current, accurate PCN, address this immediately.
- Assign internal ownership for the Regulation 2026/405 compliance programme.
2026–2027 — planning and infrastructure
- Conduct a formal compliance gap analysis with qualified regulatory support
- Develop a Digital Product Passport roadmap — identify required data per product, technology platform, and registry process
- Begin collecting structured compliance data from ingredient and packaging suppliers
- Plan label redesign and packaging updates — both physical format and QR/data carrier integration
- Brief customs and logistics teams on forthcoming DPP customs declaration requirements
- Assess country-by-country national requirements for all EU markets in which you operate
2027–2029 — implementation
- Build or procure DPP generation, management, and registry submission infrastructure
- Update labels and packaging across all in-scope products
- Register DPPs in the Commission central registry before the late 2029 mandatory date
- Update customs declaration procedures for all imported products
- Conduct internal compliance verification ahead of the DPP deadline
How we can help you with these challanges?
Our chemical regulatory and compliance team provides end-to-end support across Regulation 2026/405, CLP, PCN, REACH, and national market requirements.
Whether you are assessing your current position, planning your DPP programme, or expanding into new EU markets — contact me at luka.rifelj@bens-consulting.eu to discuss your compliance needs.
Official source: Regulation (EU) 2026/405 of the European Parliament and of the Council of 11 February 2026 on detergents and surfactants, and repealing Regulation (EC) No 648/2004, available on this link: http://data.europa.eu/eli/reg/2026/405/oj
Original photo from freepik.com
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