In accordance with Regulation (EC) No 648/2004 on detergents, the Commission presents a report on the use of phosphorus in consumer automatic dishwasher detergents (CADD). It sets out its analysis of the impacts on the environment and health, on industry and on consumers of CADD with phosphorus levels above and below the limit value of 0.3 grams, taking into account matters such as the costs for producers, the availability of alternative substances to phosphates, the comparative cleaning efficiency of the detergents complying with this restriction and the impact on waste water treatment practices and efficiency. The Commission is required to state whether the limit value should be modified. The report is based on the CADD study carried out by the Commission. The limit value of 0.3 g will become effective from 1 January 2017.

The report recalls that phosphate in the form of Sodium Tri-Poly-Phosphate (“STPP”) is the most commonly used compound of modern domestic and industrial detergents due to its cleaning enhancing properties and the fact that it is cost-effective

Alternatives to phosphate : technical feasibility for phosphates-free automatic dishwashing detergent is confirmed by the CADD study which observes that a large number of patents have been placed on substitution approaches since 2012 for replacing phosphates. Moreover consumer associations from various Member States have performed tests comparing performance of phosphates-free and phosphates containing CADD. Overall, phosphates-free CADD and phosphates-containing CADD perform similarly as regards their cleaning efficiency.

Market : many manufacturers already offer phosphate-free CADD in some Member States of the EU. The prices of CADD seem to be based mostly on performance and do not depend on the presence of STPP seeing as both types of CADD are sold within approximately the same price range. With a complete switch to phosphates-free CADD, the majority of the stakeholders expect prices for the alternative substances to further decline, in turn lowering phosphate-free CADD prices.

Analysis of impacts : approximately 78% of the 35 stakeholders who responded to the questionnaire survey said that it is possible to meet the requirement of limiting phosphorus content in CADD to 0.3 grams per dosage as of 2017 and 69% even found the limit desirable. No stakeholders claimed that the requirements were not possible to comply with.

Environmental impacts : the Commission recalls that a total ban of phosphate in detergent would be the most effective policy option for reducing the risk of phosphorus related eutrophication of surface water throughout the EU. While completely eliminating phosphorus in CADD would decrease the eutrophication risk even further, this is technically not feasible. However, the limit of 0.3% grams per standard dosage already reduces the amount of phosphorus in CADD by more than 75% on average. The report finds that only three alternatives (sodium gluconate; L-aspartic-N,N-diacetic acid, sodium salts and B-alaninediacetic acid) appeared to have data gaps. According to the CADD study, all the other alternatives that were assessed do not pose an unacceptable environmental risk based on current scientific knowledge.

With regard to wastewater , the Commission recalls that the Urban Waste Water Directive requires Member States to include removal of phosphorus in the wastewater treatment in sensitive areas under certain conditions. The CADD study estimates that phosphorus from CADD made up about 10% of the phosphorus load in wastewater treatment in the EU in 2013. A limitation on phosphorus use in CADD to 0.3 grams per wash would lead to the conclusion that phosphorus coming from CADD would eventually account for ca. 1.6% of the total phosphorus load in wastewater in the EU in 2017.

Health impacts : a few data gaps exist relating to the health effects of certain alternatives. Data are lacking for the three substances cited above. Based on current scientific knowledge, the study concludes that for the remaining alternatives to STPP there is no significant risk to human health.

Conclusion : the Commission finds no evidence that a revision is required of the limit value for phosphorus in CADD of 0.3 grams/standard dosage which will become applicable as of 1 January 2017. In order to strengthen the hazard and risk assessment of the alternatives, the Commission encourages all manufacturers to generate further toxicity test data and assess all relevant scientific information once they are made available in the context of REACH and to share with the Commission any relevant risks that they could identify from a particular alternative substance to phosphates in CADD.

Pursuant to Regulation (EC) No 648/2004 on detergents, the Commission presents its report on anaerobic biodegradation. This report concerns the anaerobic biodegradation of detergent surfactants with a focus on linear alkylbenzene sulphonate (LAS) which is a widely-used surfactant that is reported to be poorly biodegradable under anaerobic conditions. The report covers the properties of LAS obtained from the scientific literature, risk assessment reports on the risks associated with the use of LAS in detergents, and a review of anaerobic testing methodology.

Although no reports have been received from Member States of any environmental concerns due to surfactants since the introduction of the Detergents Regulation, it has been noted that some surfactants do accumulate in sewage sludge where they remain until the sludge is disposed of, for example as a fertiliser in agriculture, where re-exposure to aerobic conditions allows aerobic biodegradation to proceed to completion.

The environmental fate and behaviour and the toxicity of surfactants must be considered for evaluating the effectiveness of the existing legislation in managing the overall risk. The Commission approached this task in two stages: first to establish the existing knowledge base and identify gaps, second, to fill those gaps. The first stage was completed in 2005; the second has taken from 2006 to 2009.

The report notes that the Commission has taken a number of steps to establish a knowledge base sufficient to review the anaerobic biodegradation of surfactants. The results of a study conducted in 2003 on anaerobic biodegradation together with the findings of risk assessment studies of major surfactants which were conducted by Industry in 2007 on a voluntary basis and the outcome of their evaluation by SCHER, were discussed with delegates from Member States and industry associations.

Following a systematic evaluation of the risks from the presence of non-degradable surfactants in various anaerobic compartments, it was concluded that, in contrast to the adverse effects observed in the absence of aerobic degradation, the lack of anaerobic degradation does not seem to be correlated with any apparent risk for these environmental compartments. It can therefore be concluded that anaerobic biodegradability should not be used as an additional pass/fail criterion for the environmental acceptability of surfactants such as LAS which are readily biodegradable under aerobic conditions.

Concerning the recently produced data on the terrestrial toxicity of LAS leading to an increased PNECsoil (which reduces the PEC/PNEC ratio and thereby diminishes the predicted environmental risk from LAS in anaerobic sludge and soil) this should be better substantiated as requested by SCHER in its opinion of 2008.

The remaining concerns therefore focus on the possible environmental toxicity of surfactants, rather than on their biodegradability. At present, however, there is no evidence that would justify legislative measures at EU level, such as regulatory limit values for LAS in sludge .

The information requirements of the REACH registration dossiers will ensure that comprehensive data on the health and environmental effects of detergents ingredients - including surfactants such as LAS - will be submitted by industry to the European Chemical Agency (ECHA). In fact, for substances manufactured or imported in quantities of 1 000 tonnes or more per year registrations are due by December 2010 and chemical safety reports as part of the registration dossiers will need to demonstrate the safe use throughout their life cycle. The REACH registration information should therefore be sufficient to decide whether restrictions on certain surfactants in detergents formulations are needed on environmental grounds in addition to those already imposed by the Detergents Regulation. If so, the restriction procedure of REACH would be the most appropriate instrument to impose such restrictions.

This report presents the results of the Commission's review on the biodegradation of the main non-surfactant organic ingredients in detergents pursuant to Regulation (EC) No 648/2004 on detergents.

When the Detergents Regulation was adopted in 2004, the criterion of ultimate biodegradability was considered to be an effective and proportionate way of ensuring that detergent surfactants do not pose a risk to the environment. Biodegradability was used as a proxy for environmental toxicity because insufficient direct data on the environmental toxicity of surfactants was available at that time. However, in the meantime, and in preparation for REACH, much effort has gone into carrying out targeted risk assessments on detergent ingredients. The Commission has therefore been able to go further than required by the Regulation and has been able to evaluate not only the biodegradability, but also the risk posed by those substances.

A study conducted for the Commission in 2006 reviewed the biodegradability and ecotoxicity of the main non-surfactant organic detergent ingredients. No risk to the environment has been identified for any of the non-surfactant organic detergent ingredients. Although risk cannot be definitely excluded for a few of those substances, as information on them is incomplete, the amount of additional data needed for a complete risk assessment is now relatively small. It is, therefore, not considered appropriate to propose legislation to impose a requirement of ultimate biodegradability on the non-surfactant organic ingredients. In fact, many of the non-surfactant organic ingredients for which data is complete are not ultimately biodegradable, but are neither toxic to human health nor to the environment. Applying a surrogate risk indicator such as ultimate biodegradability to the non-surfactant organic ingredients would therefore ban a number of them where it is known that they do not pose risks. It would therefore be more proportionate, as well as more scientifically robust, to complete instead the risk assessments on the few outstanding substances.

Uncertainties remain concerning the environmental fate of: (a) polycarboxylates and phosphonates, both of which are used in considerable tonnages in household detergent formulations and (b) Ethylendiammine tetra acetate (EDTA) and its salts (mainly used in I&I detergents), triethanolamine, FWA-5 and paraffins for which existing data are not yet sufficient to exclude the possibility of environmental risk.

The information requirements of the REACH registration dossiers will ensure that for most of these substances, comprehensive data on hazard properties and possible risks to human health or the environment will be submitted by industry to the European Chemical Agency (ECHA). In fact, for substances manufactured or imported in quantities of 1 000 tonnes or more per year registrations are due by December 2010 and chemical safety reports as part of the registration dossiers will need to demonstrate the safe use throughout their life cycle.

Therefore, the REACH registration information should be sufficient to decide whether restrictions on the above-mentioned detergent organic ingredients are needed on grounds of environmental risk, and if so, the restriction procedure of REACH would be the most appropriate instrument to impose such restrictions. Concerning polycarboxylates, for which according to REACH only the monomers need to be registered, a revised HERA risk assessment is foreseen in the near future which should clarify the remaining uncertainties with regard to potential environmental risks. The revised report will by submitted in April 2009. Furthermore EDTA will be also reviewed by the Commission by 2011 in view of a possible identification as a priority substance under the Water Framework Directive.

Consequently, the Commission does not intend to propose legislation concerning the biodegradability of non-surfactant organic ingredients . The concept of using biodegradability as an acceptance criterion for detergent ingredients has become redundant in light of comprehensive risk assessment data on the environmental toxicity of the substances.

The Commission presented a report concerning the use of phosphates, pursuant to Article 16 of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents.

Phosphates are one of the most commonly-used and abundant ingredients in domestic and industrial detergents. The annual consumption of phosphate containing detergents in the EU-25 is about 1.8 million tonnes, a value equivalent to a phosphorous content of about 110,000 tonnes. 90-95% of these are consumed in domestic laundry and dishwashing detergents.

The Commission has taken a significant number of steps to establish the knowledge base needed to evaluate the impact of the use of phosphates in detergents on eutrophication, as required by Regulation 648/2004.

Building on the results of an earlier study on the impact of phosphates contained in detergents on eutrophication by WRc in 2002, and on opinions of the Commission’s Scientific Committee in March and November 2003, two further studies were carried out to fill the data gaps identified in the Committee’s opinions. The results of those two further studies were discussed with delegates from Member States and industry at a meeting of the Detergents Working Group in November 2006, and have then also been submitted to the Commission’s Scientific Committee for an opinion, which is currently still pending.

According to reports submitted in the context of the WFD, eutrophication remains one of the most important threats to fresh and marine waters. Significant improvements in understanding have been achieved over the past years. However, in April 2007 the state of knowledge concerning eutrophication is still developing rapidly, and extensive additional data on water quality assessment throughout the EU is expected shortly through the inter-calibration exercise of the Water Framework Directive.

A decision on whether restrictions on phosphates in detergents are justified at EU level will be taken once sufficient evidence has been acquired and various policy options have been assessed in consultation with the Detergents Working Group. In particular, justification for harmonised measures should await the outcome of the opinion of the Commission’s Scientific Committee on the already completed studies. The Commission will initiate an impact assessment in 2007 with the aim of concluding it in 2008, if possible, depending on the forthcoming Scientific Committee opinion and the extent of the open issues identified. . The Commission will present a legislative proposal without delay once a decision is taken that restrictions are justified.

Pending a decision, the Commission recalls that Member States may proceed with measures to replace phosphate-based detergents where this can be justified on environmental grounds (e.g. on the basis of the WFD). Member States wishing to introduce "technical regulations" falling under Directive 98/34/EC will have to notify the Commission and justify that these measures are in accordance with the requirements of the Directive.

PURPOSE: to establish rules designed to achieve the free movement of detergents in the internal market while, at the same time, ensuring a high degree of protection for the environment. LEGISLATIVE ACT: Regulation 648/2004/EC of the European Parliament and of the Council on detergents. CONTENT: the Council approved the amendments adopted by the European Parliament at second reading. This Regulation establishes rules designed to achieve the free movement of detergents and surfactants for detergents in the internal market while, at the same time, ensuring a high degree of protection of the environment and human health. For this purpose, this Regulation harmonises the following rules for the placing on the market of detergents and of surfactants for detergents: - the biodegradability of surfactants in detergents; - restrictions or bans on surfactants on grounds of biodegradability; - the additional labelling of detergents, including fragrance allergens; and - the information that manufacturers must hold at the disposal of the Member States competent authorities and medical personnel. The Regulation seeks to achieve these objectives by modernising the directives that lay down rules for the biodegradability of surfactants used in detergents and by incorporating and expanding labelling rules contained in Commission recommendation 89/542/EEC. Modernisation is provided by new biodegradability tests which will provide an enhanced level of protection to the aquatic compartment. In addition, the scope of the tests is extended to all classes of surfactant thereby including the 10% of surfactants that escape current legislation. As regards the labelling, labelling rules are extended to include fragrance ingredients that could cause allergies, and manufacturers are obliged to disclose a full list of ingredients to medical practitioners treating patients suffering from allergies. By 8 April 2007, the Commission shall evaluate, submit a report on and, where justified, present a legislative proposal on the use of phosphates with a view to their gradual phase-out or restriction to specific applications. By 8 April 2009, the Commission shall carry out a review of the application of this Regulation, paying particular regard to the biodegradability of surfactants, and shall evaluate, submit a report on, and, where justified, present legislative proposals relating to: - anaerobic biodegradation, - the biodegradation of main non-surfactant organic detergent ingredients. No later than 8 October 2005, Member States shall adopt appropriate legal or administrative measures in order to deal with any infringement of this Regulation and dissuasive, effective and proportionate sanctions for any such infringement. ENTRY INTO FORCE : 08/10/2005.