Commission activities on the review of phosphates in detergent formulations Meeting of Strategic Coordination Group for the WFD common implementation Strategy (11 March 2009, Brussels) European Commission Enterprise and Industry

Introduction to phosphates in detergents ► Phosphates, mainly in the form of sodium tri-polyphosphate (STPP), are commonly used as builders in detergents, enhancing their cleaning efficiency. (In EU: Annual consumption of STPP in detergents releases ~110.000 tP/year Major use of STPP is in fertilisers, accounting for 1.5 mt P/year) ► Although, no adverse health effects have been reported for STPP (HERA report, 2003), there is a prime environmental concern that:“by increasing the phosphorus load on the environment, P- based detergents may contribute to the problem of eutrophication” ► Since mid-1980s a move towards phosphate-free detergents led to an increased use of zeolites (main alternative builders) According to RPA, in EU-25, 66% of laundry detergents were P-free in 2006.

Introduction to phosphates in detergents ► Although there are EU legislative frameworks dealing with eutrophication (WFD,UWWTD) there is no harmonized EU legislation on phosphates in detergents MS can maintain or introduce national measures (subsidiarity). ► Several MS have either imposed legislative measures (IT, NL, SE, BE, FR) or set up voluntary agreements (IE, AT, DE, FI) with formulators to reduce or eliminate phosphates in laundry detergents. ►Detergents Regulation (648/2004 (EC)): Article 16 (1) “By 8 April 2007, the Commission shall evaluate, submit a report 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”

Commission report on phosphates in Detergents (April 2007) The Commission submitted to the European Parliament a preliminary report (Com_2007_234) concerning the use of phosphates in detergents. (available at: http://ec.europa.eu/enterprise/chemicals/legislation/detergents) The report summarised the -by early 2007- available information concerning contribution on P-detergents on eutrophication in the EU area and concluded that: ► As, by April 2007, the state of knowledge concerning eutrophication was still developing rapidly, (e.g via ongoing eutrophication studies and implementation of WFD) 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 will have been analysed in consultation with the Detergents WG of the Commission. ► Meanwhile, MS can maintain or adopt national measures where this can be justified on environmental grounds, under the condition that these will be notified to the Commission (under Directive 98/34/EC).

The main targets of the INIA study were to: Study on P-use in detergents at EU level An opinion of SCTEE (2003), concluded: - “A quantitative assessment of the extent of eutrophication in EU waters in relation to phosphorus load from different sources, and in particular in relation to STPP in detergents, should be performed on the basis of existing experimental and modelling information”. “European Quantitative Eutrophication RA of Polyphosphates in Detergents” in collaboration with Green Planet Environmental Consulting SL and INIA- (Spanish National Institute for Agriculture and Food Research and Technology). The main targets of the INIA study were to: ► develop and apply on a regional basis within the EU, a probabilistic RA model for eutrophication, ►associate detergents polyphosphate emissions to eutrophication. The INIA study mainly involved: 2 eco-regions: Mediterranean and Atlantic North Central. 2 eco systems: Deep and shallow lakes (total:120, covering 303 field cases)

Study on P-use in detergents at EU level The final report of INIA study was submitted in the Commission in April 2007: (Available at http://ec.europa.eu/enterprise/chemicals/legislation/detergents and concluded that: ► The difference between the total risk and the risk without P-based detergents is typically around 2.5-10% based on the Mediterranean effect assessment and around 0.5-3% based on the Atlantic-N&C effect assessment. ► In both analysed eco-regions the eutrophication risk did not increase linearly at higher phosphorous concentrations. ► Additional eutrophication risks related to detergent phosphates are very variable in different regional situations as a result of the varying characteristics (e.g. hydrology, population density and agricultural intensity).

Latest Developments at EU level The Commission submitted the INIA reports to SCHER for evaluation of its scientific quality, methodology, assumptions & results In November 2007, the SCHER published a scientific opinion on the INIA report (available at SCHER website : http://ec.europa.eu/health/ph_risk/committees/04_scher/scher_opinions_en.htm) SCHER recognised that the INIA model presents a novel tool to assess in a quantitative manner the risks of eutrophication due to phosphorus release at EU level, but identified certain key weaknesses: ► limited data base to develop the model which may not be representative of the european lakes; ► limited data base used for the validation of the developed approach. SCHER proposed that prior to the application of the INIA model for risk management purposes, the science presented in the report should be further developed

Collaboration with JRC (Intercalibration exercise) ◄ The SCHER opinion recommended that: Further work is required to enhance the specific relevance of the INIA model to the WFD. In particular, consideration of the available data, obtained within the inter-calibration process of WFD implementation, could be crucial. Meeting at ISPRA, June 2008 (DG-ENTR, INIA, JRC) To explore possibilities to use the IC data for the development of the INIA model Outcome: Following submission from JRC (September, 2008) of a first set of codified WFD IC data, mainly from Central Europe Area, a good agreement between JRC and INIA databases was confirmed. INIA model was recalibrated and new effect assessment curves were developed for 4 ecoregions: Northern, Central/Baltic, Atlantic, and Mediterranean. Statistical analysis by INIA was carried out to identify differences and similarities at 3 levels (i) between both databases (ii) Among Ecoregions (iii) Among Ecotypes within Ecoregions. Significant differences among ecotypes were observed for the Northern and Central Baltic ecoregions. INIA proposal will establish 3 complementary ecotype assessments in these 2 regions covering the most, the averaged and the less sensitive cases.

Collaboration with scientists from Baltic/DANUB Projects ◄ The SCHER opinion recommended that, as marine ecosystems were not considered by the INIA study, important information could be taken from Baltic Sea studies to clarify the effect of additional factors playing role in eutrophication process in marine waters. • A scientific workshop was organised in Stockholm (BNI institute, September 2008) To explore and define modes of cooperation and implementation of the INIA methodology into existing Baltic (marine water) models and research projects. • The Baltic experts provided a first set of data from their eutrophication projects, which is highly valuable but not directly comparable in the INIA and JRC databases. Based on BNA data, INIA developed a new conceptual model that could be use for RC approach. ◄ The SCHER opinion recommended that the results of the Danube studies should be evaluated and considered as potential additional information. Following contact of Commission with ICPDR, a scientific meeting was organised in Vienna (9 Dec 2008). INIA presented a proposal for additional validation exercise of the model using the DANUB data. INIA is in contact with ICPDR for further collaboration.

Impact Assessment Report on Phosphates ◄ As indicated, in the Commission report (Com_2007_234) concerning the use of phosphates in detergents: The Commission will initiate an Impact Assessment in 2008 analysing various policy options concerning the use of P- in detergents in order to conclude the most proportionate and adequately justified measure at EU level. In parallel with the update of the INIA report, DG-ENTR has started the preparation of an Impact Assessment (IA) report (Summer 2008). ◄ The first step included collection of all available information (both scientific and socio-economic data) from MS and other stakeholders concerning the use of phosphates in detergents.

Impact Assessment Report on Phosphates ● Policy options and analysis of their impacts. The following policy options will be considered in this IA report: No restrictions of phosphates in detergents at EU level (but allowing subsidiarity and activity within the framework of WFD at river basin level) -Voluntary action by industry at EU level Total ban of phosphates in all detergents; Prohibition of phosphates in laundry detergents; -Restriction of phosphates up to a certain level in detergents. ● The analysis of the impacts of the various policy options will be conducted taking into consideration the criteria of effectiveness and efficiency (including practicality, economic impact and monitorability).

Impact Assessment Report on Phosphates Future planning ● The INIA model, in particular the effect assessment and risk characterisation tools, once calibrated and validated with the additional data set (JRC-IC, Baltic, Danub projects) will be re-resubmitted to the Commission in early April 2009. A scientific workshop will be hosted by INIA in Madrid on 16 March with participation of JRC, DG ENTR and eutrophication experts from EU to discuss on the outcome of the model validation exercise. ● DG ENTR will then ask SCHER to check whether their remarks and recommendations have been sufficiently considered by INIA. (an updated SCHER opinion would be expected by Autumn 2009) ● DG ENTR, in the meantime, will proceed with drafting of the IA report considering the best available scientific and socio-economic data and in consultation with other Commission Services (DG-ENV, JRC, etc.)

Impact Assessment Report on Phosphates ● The most appropriate policy option concerning the use of phosphates in detergents at EU level will be selected by the Commission towards the end of 2009, - after considering the final SCHER opinion on the updated INIA report and - following extensive discussion with MS and stakeholders in the next meetings of the Commission Detergents WG. ● Views of the Authorities responsible for the implementation of the WFD are very welcome by DG-ENTR.

Commission activities on the review of phosphates in detergent formulations Meeting of Strategic Coordination Group for the WFD common implementation Strategy (11 March 2009, Brussels) European Commission Enterprise and Industry