8.4.2004 Official Journal of the European Union L 104/1 (Acts whose publication is obligatory) REGULATION (EC) No 648/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 March 2004 on detergents (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee ('), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) Council Directives 73/404/EEC of 22 November 1973 on the approximation of the laws of the Member States relating to detergents (°), 73/405/EEC of 22 November 1973 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of anionic surfactants (¥), 82/242/EEC of 31 March 1982 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of non-ionic surfactants (°), 82/243/EEC of 31 March 1982 amending Directive 73/405/EEC on the approximation of the laws of the Member States relating to methods of testing the biodegradability of anionic surfactants (°) and 86/94/EEC of 10 March 1986 amending for the second time Directive 73/404/EEC on the approximation of the laws of the Member States relating to detergents (), have been significantly amended on several occasions. It is desirable, for reasons of clarity and rationalisation, that the provisions in question should be recast by bringing them all together in a single text. Commission Recom- mendation 89/542[EEC of 13 September 1989 (%), as () O] C 95, 23.4.2003, p. 24. (¥) Opinion of the European Parliament of 10 April 2003 (not yet published in the Official Journal), Council Common Position of 4 November 2003 (O] C 305 E, 16.12.2003, p. 11) and Position of the European Parliament of 14 January 2004 (not yet published in the Official Journal). Decision of the Council of 11 March 2004. () OJ L 347, 17.12.1973, p. 51. Directive as last amended by Regu- lation (EC) No 807/2003 (O] L 122,16.5.2003, p. 36). () OJ L 347, 17.12.1973, p. 53. Directive as amended by Directive 82/243EEC (O] L 109, 22.4.1982, p. 11). 0J L 109, 22.4.1982, p. 18. OJ L 80, 25.3.1986, p. 51. OJ L 291, 10.10.1989, p. 55. regards labelling provisions concerning detergents and cleaning products, should also be included in the single text. Since the objective of this Regulation, to ensure the internal market in detergents, cannot be sufficiently achieved by the Member States, if there is no common technical criteria throughout the Community, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of propotion- ality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. A Regulation is the appropriate legal instru- ment as it imposes directly on manufacturers precise requirements to be implemented at the same time and in the same manner throughout the Community; in the area of technical legislation, uniformity of application in the Member States is needed, and this can only be guar- anteed by a Regulation. A new definition for detergents is needed to cover equivalent uses and be in line with developments at Member State level. It is necessary to introduce a surfactant definition, which was lacking in the existing legislation. It is important to give a clear and precise description of the relevant types of biodegradability. Measures concerning detergents should be adopted to ensure the functioning of the internal market and avoid restricting competition in the Community.