European Commission
Enterprise Directorate-General
EU Legislative follow-up on:
"Use of phosphates in detergents"
Sotirios Kiokias
Chemicals Unit
Enterprise Directorate-General
European Commission
UNDP/GEF-ICPDR Seminar, 25 January 2007,
Bucharest, Romania
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.
Although, no adverse health effects have been reported for STPP
(HERA, 2003: very low toxicity,no mutagenicity or genotoxicity),
there is a prime environmental concern that:
"by increasing the phosphorus load on the environment, P-based
detergents could 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)
1

Country
Population (millions)%
% Phosphate-free
Belgium
10.4
100
Czeck Rebuplic
10.2
35
Denmark
5.4
80%
Degree to which EU-25
Germany
82.5
100%
is P-free
Estonia
1.3
20%
(Laundry Detergents)
Greece
11.0
50%
(RPA, 2006)
France
59.9
50%
Ireland
4.0
100%
Italy
57.8
100%
Cyprus
0.7
20%
Latvia
2.3
20%
EU-25
Lithuania
3.4
20%
P-free: 66%
Luxemburg
0.4
100%
Hungary
10.1
30%
Netherlands
16.2
100%
Austria
8.1
100%
Poland
38.2
15%
Portugal
10.4
30%
Slovenia
2.0
95%
Spain
42.2
40%
Slovakia
5.4
20%
Finland
5.2
90%
Sweden
9.0
85%
United Kingdom
59.5
55%
Current Legislative status in EU
· No harmonized EU legislation about the use of phosphates in detergents.
MS are allowed to maintain or introduce national measures.
· A few MS have either imposed legislative measures (e.g. Italy, Czech Republic)
or introduced volunteer agreements (e.g. Ireland, The Netherlands)
with formulators to reduce or ban phosphates in detergents
Action at EU level
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"
Actions relevant to aquatic P-levels are also indicated by:
(I) The Urban Wastewater Treatment Directive (91/271/EEC)
(II) The Water Framework Directive (2000/60/EEC)
(III) The Nitrates Directive (91/676/EEC)
2

Latest Commission studies on P-use in detergents
An opinion of SCTEE (2003), over an earlier WRc report, recommended that:
- "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, should be performed
on the basis of existing experimental and modelling information".
Following interactive discussion between the Commission and the associated Industry,
CEEP (European Detergent Phosphate Industry) volunteered to carry out a relevant study
"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 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, in additional to
other (point or diffuse) P-loads.
Final report (October 2006): http://ec.europa.eu/enterprise/chemicals/legislation/detergents
Latest Commission studies on P-use in detergents
The 2003 SCTEE opinion also recommended that:
"further consideration should be given to the risks associated
with co-builders (mainly used in zeolite-based detergents)"
DG Enterprise commissioned to RPA Analysts, a study related to:
"Non-surfactant organic ingredients and zeolite-based detergents"
The second part of this report aimed to complement the INIA/Green Planet report,
and thereby, offer additional input for the follow-up work on phosphates by:
collating available data on use and properties of STPP and zeolite-based
detergents and evaluate the associated health and environmental risks;
assessing the cost and benefits of switching from STPP to zeolite-based
detergents.
Final report (June-2006): http://ec.europa.eu/enterprise/chemicals/legislation/detergents
3

RPA: Need for more associated co-builders in P-free detergents
Typical builders by Detergents Types (RPA report)
Main builder
STPP
Zeolites
Need
STPP forms strong complexes Though zeolites also remove
with Ca++ and Mg ++ in
Ca++ and Mg ++ from
for co-
solution, preventing their
solution, co-builders are
builders
precipitation with the detergent required to remove metals
surfactant or as carbonates.
from the surface in textiles.
Additional
- Sodium Silicate
- Sodium Silicate
- Sodium Carbonate
-Citric acid
co-builders
& higher concentrations of:
-Sodium Carbonate
-Polycarboxylates
-Phosphonates
RPA further analysis of associated co-builders
Ingredient
Conclusions from analysis
· Degrade slowly (possible environmental risk)
Phosphonates
· Potential aqual toxicity of HEDP to Daphnia species
· No monitoring data on HEDP and its salts
· Terrestrial toxicity is low (end up in sewage sludge)
Polycarboxylates
· Not readily biodegradable
· Low toxicity and ecotoxicity
· No available monitoring data
· Concentration in sewage sludge maybe high
· Potential carcinogenicity (exlc criterio for "eco-labe"l)
Nitriloacetic acid
· NTA trisodium salt classified as Category 3 Carcinogen with an
(NTA)
R40 label
· Imminent discussion of human health RA at EU level
Overall, RPA recommends that: The use of phosphate-free detergents should not
be encouraged unless all the ingredients can be demonstrated to present no risks
to people or to the environment
4

RPA Report: Cost & Benefits of Moving to Zeolite-based Detergents
Benefits of Moving to Zeolite Detergents
Key benefit: reducing the phosphorus load to the environment which, in
turn, will reduce the problem of eutrophication.
In qualitative terms, greatest benefits would accrue in countries with:
- high phosphate detergents use
- low provision of tertiary treatment
- existing severe problem of eutrophication
Benefits of Moving to Phosphate-Free Detergents
Score
Description
Countries
>10
Maximum Benefits
Chech Republic, Poland, Spain, Latvia, Lithuania,
Portugal, Slovakia
5-10
Some Benefits
Greece, Cyprus, Estonia, UK, Luxembourg, Hungary
Belgium, France
1-5
Few Benefits
Denmark, Finland, Austria, Sweden, Ireland, Slovenia,
Italy, Netherlands, Germany
0
No Benefits
Malta
RPA Report: Cost & Benefits of Moving to Zeolite-based Detergents
Cost of Moving to Zeolite Detergents
Key points
Additional Comments
(1) Disruption of
- 6 EU manufacturers of STPP would be affected
- losses would be offset by expansion of EU zeolite
Phosphate Supply
producers
chain
(2) Reformulation and
- more complex situation for smaller formulators (SMS)
- average cost assumed to be 20k per formulation
Re-branding
(3) Increased Risks to
- unlikely that such a move would lead to increased risks
- further confirmatory evidence of this would be desirable
human and
environment
(4) Additional Costs for -comprehensive test with full submitted report can be
expensive
Testing
-need for further assessment of risks in some cases (support
by Industry-led HERA project, ESR Assessments)
5

Latest Developments at EU level
Reports (RPA & INIA/Green Planet) presented at Detergents WG (Nov,2006)
Interactive Discussion & exchange of ideas on the way forward, between the
participants (Commission Services, MS representatives & Industry)
The Commission submitted the Reports to SCHER (Dec., 2006)
for further evaluation of their scientific quality, methodology & assumptions
Briefly, SCHER was requested:
(I) About the "Eutrophication RA" (INIA/CEEP) Report:
- to check the quality of conceptual model (field data, develop.-criteria, exposure-assess. etc.)
- to evaluate the accuracy and validity of the estimations, results & conclusions
- to comment whether use of P-detergents may contribute to eutrophication at EU level.
(II) About the "Non surfactant Organic & Zeolites" (RPA) Report:
- to assess whether a move to P-free detergents would increase Health & Environmental risks
- to further review the risks of associated co-builders (polycarboxylates, phosphonates, NTA, etc)
CONCLUSIONS
CONCLUSION-1
The Commission has undertaken the necessary steps to review on the issue of STPP-use
in detergents, as required by the Article 16(1) of the Detergents Regulation.
Therefore, by April 2007: The Commission will have submitted (to EP & Council)
a (holding) report about P-use in detergents
CONCLUSION-2
After: (I) carefully considering the upcoming scientific SCHER opinions
(II) reviewing the findings of ongoing European projects (UNDP, HELCOM, WFD actions)
(III) discussing with MS and stakeholders in the EU Detergents Workshops.
The Commission will prepare a final report to conclude:
"as whether the current situation remains unchanged or an EU restriction proposal
concerning the P-use detergent formulations should be made"
CONCLUSION-3
Meanwhile, MS can still maintain or introduce legislative measures
(under the condition of their proportionality and adequate justification)
6