EU Derogation for Surfactants
If a surfactant fails the more stringent test for ultimate biodegradability but passes the primary biodegradability test, a manufacturer can apply for derogation from the Commission in order to keep that surfactant on the market. Annex V to the EU Regulation on Detergents outlines the list of surfactants for which a derogation has been granted.
Only those placing industrial and institutional detergents on the market can apply for a derogation. Application for derogations can be submitted to the Environmental Protection Agency (EPA).