EN    EN EN EN    EN  EUROPEAN COMMISSION 
Brussels, 4.11.2010 
COM(2010) 597 final 
2010/0298 (COD)   
Proposal for a 
REGULATION (EU) No …/… OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 
amending Regulation (EC) No 648/2004 as regards the use of phosphates and other 
phosphorous compounds in household laundry detergents 
(Text with EEA relevance) 
SEC(2010) 1278 
 SEC(2010) 1277 EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT OF THE PROPOSAL  
General context  
Phosphates are used in detergents to combat water hardness in order to allow efficient 
cleaning. Sodium tripolyphosphate (STPP) is  the most commonly used phosphate in 
detergents. In conjunction with surfactants, STPP allows detergents to perform efficiently in 
all washing conditions. 
More specifically, STPP has the fo llowing functions in detergents: 
• efficient sequestering of hardness salts (and keeping them in solution); 
• removal and prevention of encrustation on fibres; 
• enhancement of the washing process; 
• carrier for other detergent ingredients. 
Phosphates from detergents can contribute to certain adverse effects in the aquatic 
environment. The prime concern is that they can lead to an excess of nutrients which cause an 
accelerated growth of algae and higher form s of plant life to produce an undesirable 
disturbance to the balance of  organisms, a phenomenon calle d eutrophication. Alternative 
water-softening ingredients are available, but with various performance limitations, particularly for the more demanding cleaning tasks. 
Regulation (EC) No 648/2004 on  detergents harmonises the placing on the market of 
detergents, but only with respect to the labellin g of detergents and the biodegradability of the 
surfactants they contain. Nevertheless, in view  of concerns about eu trophication, Article 16 of 
the Regulation also requir ed the Commission to “ evaluate, submit a report on and, where 
justified, present a legislative proposal on the us e of phosphates with a view to their gradual 
phase-out or restriction to specific applications ”. The Commission presented the report in 
2007 and concluded that the state of knowledge concerning the contribution of phosphates in 
detergents to eutrophication was still in complete, but was developing rapidly
1. Further 
scientific work conducted thereafter, as well as information on economic and social impacts 
of possible restrictions, have been the basis fo r an impact assessment report, which analyses a 
number of policy options to address the use of phosphates in detergents. 
Grounds for and objectives of the proposal  
The proposal aims to amend Regulation (EC)  No 648/2004 on detergen ts by introducing a 
limitation on the content of phosphates and others phosphorous compounds in household laundry detergents, in order to decrease deterg ents' contribution to th e overall eutrophication 
of EU surface waters, following the conclusions of the evaluations and the impact assessment 
performed by the Commission pursuant to  Article 16 of Regulation (EC) No 648/2004. 
                                                
 
1 (COM (2007) 234), available at: 
http://ec.europa.eu/enterprise/chemicals/legislation/detergents/index_en.htm . EN 3   EN Furthermore, following the entry into force of the Treaty of Lisbon, the provisions of 
Regulation (EC) No 648/2004 concerning th e power of the Commission to adopt non-
legislative acts of general application to suppl ement or amend certain n on-legislative elements 
of that Regulation have to be adapted to the requirements of Article 290 of the Treaty on the 
Functioning of the European Union. 
The general objective is to ensure a high leve l of protection of the environment from the 
potential adverse effects of phosphates and ot hers phosphorous compounds in detergents and 
to ensure a well functioning inte rnal market for detergents.  
Consistency with others policy and objectives of the Union  
This proposal is fully consistent with the objectives of the Wate r Framework Directive 
(Directive 2000/60/EC) which re quires Member States to achieve good ecological and 
chemical status of surface water by 2015 and also requires them to prepare programme of measures – e.g. river basin management plan s – which may include, where justified, cost 
effective and proportionate, mandatory action, or  voluntary agreements to limit phosphates in 
detergents in order to ta ckle the eutrophication problem  in their territories.  
Indeed to combat eutrophication resulting from  trans-boundary flows of phosphates into water 
bodies co-ordinated action by th e Member States concerned in  the river basin management 
context of the WFD, or in regi onal co-operation strategies have been put into place in some 
sensitive EU areas, like the Ba ltic Sea or the Danube River Basin, but have until now 
progressed slowly. Thus the proposal is a comp lementary measure essential for the success of 
the activities of region al co-operation initiative to comb at the trans-boundary problem of 
eutrophication. 
The proposal also complements the Urban Wa ste Water Treatment Directive, 91/271/EEC, 
which aims to limit the concen trations of nutrients such as phosphorous and nitrogen in 
surface waters in order to  counter eutrophication. 
2. C
ONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESMENT  
Consultation of interested partie s, collection and use of expertise  
The Commission initiated a number of studies to  establish whether rest rictions on phosphates 
in detergents would be justified in orde r to reduce eutrophicat ion in the EU: WRc 20022, 
INIA pan-European eutrophication3, report by an external contra ctor (RPA). These studies 
have provided the basis for further consulta tions of Member States, Industry [European 
Phosphates Producer Industry (CEEP); Internati onal Association for Soaps, Detergents and 
Maintenance Products (A.I.S.E.); Eur opean Zeolites Pr oducers Association  (EUZEPA)] and 
environmental NGOs [World Wildlife Fund (W WF); European Consumers' Organisation 
(BEUC)] during meetings of the Working Group of  the Competent Authorities responsible for 
the implementation of the Detergents Regul ation – known as the "Detergents Working 
Group” – namely in November 2006, July and December 2007, July 2008, February and November 2009. 
A specific consultation of small and medium si ze detergent formulators via the Enterprise 
Europe Network was undertaken in 2009, in order to  get more insight into the current use of 
                                                
 
2 Phosphates and alternative detergent builders. WRc (2002), Swindon, UK.  
3 Available at:  http://ec.europa.eu/enterprise/s ectors/chemicals/files/docs/c eep_study_final_report_042009_en.pdf . EN 4   EN phosphates and alternatives when formulatin g detergents and the impacts of potential 
restrictions of phosphates on these SMEs. 
Impact assessment  
The analysis of the impacts of the various policy options has been conducted taking into 
consideration results of the scientific analysis of the contribution of phosphates in detergents to eutrophication risks in the EU, as well as the criteria of effec tiveness and efficiency 
(including practicality, socio-economic impacts, and monitorability). Information has been mainly derived from the INIA study on eutrop hication risks associated with phosphates in 
detergents and the RPA report c oncerning zeolites and other builder s as STPP alternatives, as 
well as the remarks of the SCHER on the evaluation of these reports, and further direct consultation with stakeholders.  
Five policy options have been scrutinised for their impact: 
– Option 1: No action at EU level, leaving the re sponsibility to act to the Member States or 
in the context of regional cooperation (baseline option); 
– Option 2: Voluntary action by industry; 
– Option 3: Total ban of p hosphates in detergents; 
– Option 4: Restriction/limitation of phos phates content in laundry detergents; 
– Option 5: Setting limits values for the content of phosphate s in detergents. 
The evaluation and the impact analysis of the options shows that the introduction at European 
level of a limitation on the us e of phosphates and other pho sphorous compounds in household 
laundry detergents will reduce the contri bution of phosphates from detergents to 
eutrophication risks of EU wate rs and reduce the co st of phosphorous removal for waste water 
treatment plants. Those cost savings greatly outweigh the cost of reformulating household 
laundry detergents with alterna tives to phosphates. In contrast , EU-wide restrictions would 
not be justified at present for dishwasher detergents or for institutional and industrial detergents because the available alternatives cannot satisfy in genera l the greater technical 
demands in those applications. 
3. L
EGAL ELEMENTS OF THE PROPOSAL  
Legal basis  
The legal basis of the proposal is Article 114 of  the Treaty on the Func tioning of the European 
Union (TFEU). Article 114 has the objective to es tablish an internal market while ensuring a 
high level of protection of huma n health and the environment. 
Subsidiarity principle  
The subsidiarity principle as set out in Article  3(3) of the Treaty on European Union, applies 
insofar as the proposal does not fall under the exclusive competence of the Union.  
The objective to limit the contribu tion of phosphates from detergen ts to eutrophication risks in 
EU waters while maintaining a well functioning  internal market for detergents cannot be EN 5   EN sufficiently achieved by the Member States alone  and action by the EU will be more efficient 
to achieve the objectives for the following reasons: 
– Some Member States have adopted national me asures to limit the use of phosphates and/or 
others phosphorous compounds, main ly in household laundry de tergents, in accordance 
with provisions of Article 14 of Regulation (EC) No 648/ 2004 with different cut-off 
values. There is no common technical specifi cation throughout the Union. This fragments 
the EU market for laundry detergents.  
– The current regional cooperation by Member Stat es in the Baltic Sea Strategy and in the 
Danube River Basin have until now progressed rather slowly  on this issue and the EU 
Member States cooperating on these regional strategies have repe atedly called for 
harmonised EU measures. 
– In line with the subsidiarity principle, the draft Regulation maintains the currently already 
existing possibility for Member States to establish national legi slation on phosphates in 
automatic dishwasher detergents and professional detergents, provided this is justified by particular circumstances such as high eutrophication risks or water conditions in the territory of the Member States. So far, few Me mber States have in place or are planning to 
introduce limitations for phosphates in dishwasher  detergents with very limited impacts on 
the internal market for these detergents. 
Proportionality principle
 
The proposal does not go beyond what is necessary in order to achieve the intended 
objectives, in accordance with the principle of pr oportionality, as set out in  Article 3(4) of the 
Treaty on European Union.  
Given the current lack of suita ble technical or economical alte rnatives to replace phosphates 
in detergent types other than la undry detergents, and given the fact  that laundry detergents are 
the largest contributor to the overall load of  phosphates from detergents, the proposal does not 
limit the phosphate content of other types of detergent.  
Choice of the instruments  
The chosen legal instrument is a Regulation as it aims to ha rmonise the content of phosphates 
and others phosphorous compounds in household la undry detergents. It amends the already 
existing Regulation on detergents. 
Main provisions of the proposal  
The proposal extends the scope of Regulation (EC) No 648/2004 to allow introduction of a 
limitation on the content of phosphates and others phosphorous compounds in detergents 
(amendments to Articles 1 and 4). 
It should be noted that alte rnatives for phosphates in hous ehold laundry detergents do 
sometimes contain other phosphorous containing compounds, in particular phosphonates. It is 
therefore not possible to completely elimin ate phosphorous from detergents. On the other 
hand, many different phosphates and phosphorous c ontaining compounds exist and it has to 
be ensured that the intended ban of phosphates cannot easily be circumvented. The draft 
Regulation, therefore, establis hes an overall limit of 0.5 % by weight for the content of 
phosphorous in household laundry  detergents, covering all phosphates and phosphorous EN 6   EN containing compounds. For the time being, until technically and economically viable 
alternatives to phosphates become available for other types of detergen t, the proposal limits 
the content of phosphates and other phosph orous compounds only in household laundry 
detergents (proposed new Annex VIa).  
For household automatic dishwasher detergent c ontaining phosphates, it is proposed that the 
Commission is tasked to review  their contribution to the eutr ophication risk within 5 years 
after the adoption of the proposed act, to submit a report to the European Parliament and to 
the Council (amendment of Article 16) and if  deemed appropriate, to  propose restrictions 
concerning their phosphates content by adapting the new Annex VIa to technical progress. 
The proposal also adapts the current provisions of Regulatio n (EC) No 648/2004 to empower 
the Commission to adopt delega ted acts in accordance with Ar ticle 290 of the Treaty on the 
Functioning of the European Uni on (amendment of Article 13). 
Finally the proposed act maintains the already existing provision allowing Member States to 
lay down national rules to limit the conten t of phosphates and other phosphorous compounds 
in detergents other than household laundry dete rgents, if justified on environmental grounds 
(Amendment of Article 14). 
4. BUDGETARY IMPLICATION  
The proposal has no implication for the budget of the European Union. 
5. ADDITIONAL INFORMATION  
– The proposed act is relevant for the European Economic Area (EEA).  
– The proposal is subject to the WTO-TBT Agreem ent, thus subject to a notification to the 
WTO.  EN 7   EN 2010/0298 (COD) 
Proposal for a 
REGULATION (EU) No …/… OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 
amending Regulation (EC) No 648/2004 as regards the use of phosphates and other 
phosphorous compounds in household laundry detergents 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
4, 
Having regard to the opinion of  the Committee of the Regions5, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) Pursuant to Article 16 of Regula tion (EC) No 648/2004, the Commission has 
evaluated the use of phosphate s in detergents in the Re port to the Council and the 
European Parliament concerning the use of phosphates
6. Following further analysis, 
the Commission has concluded that the use of phosphates in household laundry detergents should be limited in order to  reduce the contribution of phosphates from 
detergents to eutrophicati on risks and to reduce the co sts of phosphates removal in 
waste water treatment plants. Those cost sa vings outweigh the cost of reformulating 
household laundry detergents with  alternatives to phosphates. 
(2) Efficient alternatives to phosphates-based household laundry deterg ents require small 
amounts of other phosphorous compounds, na mely phosphonates which if used in 
increasing quantities might be of concern for the environment. 
(3) The interaction between phosphates a nd other phosphorous compounds requires a 
careful choice of the scope and level of the limitation. The limitation should apply to 
all phosphorous compounds in order to preclude a mere substitution of the limited 
                                                
 
4 OJ C […], […], p. […]. 
5 OJ C […], […], p. […]. 
6 COM (2007) 234 final. EN 8   EN phosphates by other phosphorous compounds. The limitation for phosphorous content 
should be low enough to effectively prev ent the marketing of  phosphate-based 
household laundry detergent formulations, while being high enough to allow the minimum quantity of phosphonates requi red for alternative formulations. 
(4) Since the objectives of the action to be taken, namely to redu ce the contribution of 
phosphates from detergents to eutrophica tion risks and to reduce the costs of 
phosphates removal in waste water treatment plants, cannot be sufficiently achieved 
by Member States as national measures with  different technical specifications cannot 
influence the quality of water crossing na tional borders, and can therefore be better 
achieved at Union level, the Union may adopt measures, in accordance with the 
principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In 
accordance with the principle of proportional ity, as set out in that Article, this 
Regulation does not go beyond what  is necessary in order to  achieve that objective. 
(5) It is not appropriate to extend limita tions of the use of phosphates and other 
phosphorous compounds in household laundry detergents to household automatic 
dishwasher detergents or to industrial a nd institutional detergents because suitable 
technically and economically f easible alternatives to the use of phosphates in those 
detergents are not yet available. 
(6) A definition of 'cleaning' should be in cluded directly into Regulation (EC) 
No 648/2004 instead of a reference to the relevant ISO standard to facilitate 
readability. 
(7) The Commission should be empowered to ad opt delegated acts in accordance with 
Article 290 of the Treaty on the Functioning of the European Union for the purpose of amending the Annexes to this Regulation. 
(8) Member States should lay down rules on penalties applicable to infringements of this 
Regulation and ensure that they are impleme nted. Those penalties should be effective, 
proportionate and dissuasive. 
(9) It is appropriate to provide for deferred applic ation of the restriction established in this 
Regulation so as to allow operators, in part icular small and medium–sized enterprises, 
to reformulate their phosphate–based househol d laundry detergents using alternatives 
during their usual reformulation cycle in order to minimise the costs. 
(10) Regulation (EC) No 648/2004 should therefore be amended accordingly,  
HAVE ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 648/2004 is amended as follows: 
(1) In Article 1(2) the third and fourth  indent are replaced by the following: 
“- the additional labelling of deterg ents, including fragrance allergens; EN 9   EN - the information that manufacturers must hold at the disposal of the Member 
States competent authorities and medical personnel; 
- limitations on the content of phospha tes and other phosphorous compounds in 
detergents.” 
(2) Article 2, point 3  is replaced by the following: 
“3. 'Cleaning' means the process by which soil is dislodged from the substrate and 
brought into a state of solution or dispersion.” 
(3) The following Article 4a is inserted: 
“Article 4a 
Limitations on the content of phosphate s and of other phosphorous compounds 
Detergents listed in Annex VIa that do not comply with the limitations on the content of 
phosphates and of other phosphorous compounds laid  down in that Annex shall not be placed 
on the market from the date set out in that Annex.” 
(4) In Article 12, paragr aph 3 is deleted. 
(5) Article 13 is replaced by the following: 
“Article 13 
Adaptation of Annexes 
1. The Commission may adopt, by means of  delegated act in accordance with 
Articles 13a, 13b and 13c, amendments n ecessary for adapting the Annexes to 
scientific and technical progress. The Commission shall, wherever possible, 
use European standards. 
2. The Commission may adopt, by means of  delegated act in accordance with 
Articles 13a, 13b and 13c amendments to  the Annexes of this Regulation 
regarding solvent-based detergents. 
3. Where individual risk-based concentration limits for the fragrance allergens are 
established by the Scientific Commi ttee on Cosmetics and Non-food Products, 
the Commission shall, in accordance with Articles 13a, 13b and 13c, adapt the 
limit of 0.01% set out in Secti on A of Annex VII accordingly.” 
(6) The following Articles 13a, 13b and 13c are inserted: 
“Article 13a 
Exercise of the delegation EN 10   EN 1. The powers to adopt the delegated acts referred to in Article 13 shall be 
conferred on the Commission for an indeterminate period of time. 
2. As soon as it adopts a delegated act, the Commission shall notify it 
simultaneously to the European Parliament and to the Council. 
3. The powers to adopt delegated acts ar e conferred on the Commission subject to 
the conditions laid down in Articles 13b and 13c. 
Article 13b 
Revocation of the delegation 
1. The delegation of power referred to in  Article 13 may be revoked at any time 
by the European Parliament or by the Council. 
2. The institution which has commenced an  internal procedure for deciding 
whether to revoke the delega tion of power shall endea vour to inform the other 
institution and the Commission within a reasonable time before the final 
decision is taken, indicating the delega ted powers which could be subject to 
revocation and possible r easons for a revocation. 
3. The decision of revocation shall put an  end to the delegation of the powers 
specified in that decision. It shall take effect immediately or at a later date 
specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the Official Journal of the European Union . 
Article 13c 
Objections to delegated acts 
1. The European Parliament and the Council may object to the delegated act 
within a period of two months from the da te of notification. At  the initiative of 
the European Parliament or the Council this period shall be extended by one month.  
2. If, on expiry of that period, neither th e European Parliament nor the Council 
has objected to the delegated act it shall be published in the Official Journal of 
the European Union and shall enter into force at the date stated therein. The 
delegated act may be published in the Official Journal of the European Union  
and enter into force before the expiry of that period if  the European Parliament 
and the Council have both informed the Commission of their intention not to 
raise objections. 
3. If the European Parliament or the Council objects to a delegated act, it shall not 
enter into force. The institution whic h objects shall state the reasons for 
objecting to the delegated act.” 
(7) In Article 14, the second paragra ph is replaced by the following: EN 11   EN “Member States may maintain or lay down na tional rules concerning restrictions on the 
content of phosphates and of other phosphorous compounds in detergents for which no 
restrictions on the content are set out in Annex VIa where ju stified on grounds of protection 
of the aquatic environment and where technically  and economically feasible alternatives are 
available.” 
(8) Article 16 is replaced by the following: 
“Article 16 
Report 
By 31 December 2014, the Commission shall ev aluate, submit a report to the European 
Parliament and to the Council  on the use of phosphates and ot her phosphorous compounds in 
household automatic dishwasher detergents and,  if justified, present a legislative proposal 
with a view to their gradua l phase-out or restriction to  specific applications.” 
(9) Article 18 is replaced by the following:  
“Article 18 
Penalties 
Member States shall lay down the rules on pena lties applicable to infringements of this 
Regulation and shall take all measures necessary  to ensure that they are implemented. The 
penalties provided for must be effective, prop ortionate and dissuasive. Member States shall 
notify those provisions and any subsequent am endment affecting those provisions to the 
Commission without delay. 
Those rules shall include measures allowing compet ent authorities of Member States to detain 
consignments of detergents that fail to comply with this Regulation.” 
(10) The text set out in the Annex to this Regulation is inserted as Annex VIa. 
(11) In Section A of Annex VII the following text is deleted: 
“If individual risk-based concentration limits  for the fragrance allergens are subsequently 
established by the SCCNFP, the Commission sh all propose the adoption of such limits to 
replace the limit of 0.01% mentioned above. Those measures, designed to amend non-
essential elements of this Regulation, shall be adopted in accordance with the regulatory 
procedure with scrutiny refe rred to in Article 12(3).” 
Article 2 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of  the European Union . 
Points (1), (3), (7), (9) and (10) of Article 1 shall apply from 1 January 2013. EN 12   EN This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, […] 
For the European Parliament For the Council 
The President The President […] […] EN 13   EN ANNEX  
“ANNEX VIa 
LIMITATIONS ON THE CONTENT OF  PHOSPHATES AND OF OTHER 
PHOSPHOROUS COMPOUNDS  
Detergent  Limitations Date as of which the 
limitation applies 
Household laundry detergents Shall not be placed on the 
market if the total content of phosphorous is equal to or greater than 0.5 % by weight  1 January 2013 
”