Opinion of the European Economic and Social Committee on the "Proposal for a Regulation of the European Parliament and of the Council on Detergents" (COM(2002) 485 final — 2002/0216 (COD))
Date: 2003-02-26
Institutions: European Economic and Social Committee
Subjects: analytical chemistry, biodegradability, eco-label, environmental protection, environmental standard, free movement of goods, labelling, marketing restriction, polishing and scouring preparations, testing

C 95/24

EN

Official Journal of the European Union

23.4.2003

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of
the European Parliament and of the Council on Detergents’

(COM(2002) 485 final — 2002/0216 (COD))

(2003/C 95/07)

On 8 October 2002, the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 4 February 2003 (Rapporteur:
Mr Adams).

At its 397th plenary session on 26 and 27 February 2003 (meeting of 26 February), the European
Economic and Social Committee adopted the following opinion by 106 votes for, one against and three
abstentions.

1.

Introduction

1.1.
Detergents can be rightly considered an essential
product but because they contain an impressive array of
chemical substances they have been a focus of regulation for
many years. Chemical compounds contained in detergents
include various types of complex surfactants (basically sub-
stances which remove dirt, stain, and soil from surfaces or
textiles), complexing agents to soften water (often phosphates),
preservatives to prevent the growth of micro-organisms in the
product, bleaching agents, acids, solvents and fragrances. Over
7 million tonnes of household laundry and cleaning products
were purchased, applied and disposed of in Europe in 1998,
the great majority of surfactants being petroleum based.

The European detergents market

1.2.
is considered to
be ‘mature’. Recent developments have focussed on low
temperature washing, condensed or concentrated powder or
liquids as well as specifically labelled eco-products. Higher
standards of environmental sustainability are being promoted
through the EU’s own Eco-label and several similar national
initiatives. Plant-based surfactants now exist as possible
replacements for those that are petroleum-based, though they
are more expensive, and alternatives to phosphates are also in
use. Many Member States have, in the past, experienced the
potential of detergents to have an environmentally damaging
effect. The general thrust of regulation has been to ensure non-
toxicity and rapid breakdown (bio-degradability) of chemical
substances in detergents. The regulation and testing regimes
established over the last twenty years are widely accepted by
industry, consumer organisations and environmental groups
as having been largely successful in significantly reducing the
known negative environmental impacts of detergents though
concerns still exist about major inland bodies of water
and also the northern Mediterranean coastline. This present
proposal from the Commission advances that process by
consolidating, improving and extending a series of five direc-

tives on the issue of detergents dating back to 1973 (1) and
incorporating in the proposed new Regulation a Recommen-
dation on voluntary labelling dating from 1989 (2).

The Commission proposal has been in preparation for
1.3.
several years with the draft proposal being available from
August 2001. An extensive consultation process has already
taken place with industry, Member States, consumer and
environmental groups and is, to some degree, reflected in the
Commission’s final document (3).

2. Summary of the Commission proposal

2.1.
The Commission proposal is for a Regulation con-
cerned with modernising existing detergent directives to
further protect the environment, particularly regarding the
biodegradability of surfactants – the key surface-active ingredi-
ents in cleaning, rinsing or softening preparations. New tests
are proposed which are generally applicable and ensure a
higher level of protection. In addition:

(1) Council Directive 73/404/EEC of 22 November 1973 on the
approximation of the laws of the Member States relating to
detergents (OJ L 347, 17.12.1973, p. 51) as last amended by
Council Directive 86/94/EEC (OJ L 80, 25.3.1986, p. 51),
Council Directive 73/405/EEC of 22 November 1973 on the
approximation of the laws of the Member States relating to
methods of testing the biodegradability of anionic surfactants (OJ
L 347, 17.12.1973, p. 53) as last amended by Council Directive
82/243/EEC (OJ L 109, 22.4.1982, p. 18), and Council Directive
82/242/EEC of 31 March 1982 on the approximation of the
laws of the Member States relating to methods of testing the
biodegradability of non-ionic surfactants and amending Council
Directive 73/404/EEC (OJ L 109, 22.4.1982, p. 1).

(2) Commission Recommendation 89/542/EEC of 13 September
1989 for the labelling of detergents and cleaning products
(OJ L 291, 10.10.1989, p. 55).

(3) Results of the public consultation: http://europa.eu.int/comm/

enterprise/chemicals/detergents/publicconsult/contrib/
contrib.htm

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— previous recommendations on labelling, which are
already widely observed in most Member States, are made
binding;

about greater flexibility in testing, derogations and labelling
have not been accepted. These areas are explored below and
where it seems appropriate a specific recommendation has
been made.

— a new category of consumer information on the presence

of fragrance substances is introduced;

— a provision is added obliging manufacturers to make
listing of

available to health care professionals a full
ingredients.

2.2.
The proposal requires Member States to establish
sanctions for non-compliance and in an extensive series of
Annexes, which form the majority of the proposal, provides
for detailed test and analytical methods and defines procedures
and lists for derogations and banned or restricted surfactants.

3. General comments

The EESC welcomes the Commission’s initiative in
3.1.
drawing up this proposal
the intention of which is to
modernise existing directives and introduce new biodegrad-
ability tests.
It also welcomes the initiative on consumer
labelling, particularly on the presence of fragrances, which
remain a cause for concern among some consumer and
environmental organisations on health grounds. The EESC, in
several of its recent opinions (1), has expressed the view that
environmental impact of chemicals and other substances is
best dealt with at source though an approach involving
elimination or minimisation, coupled with strict
testing,
regulation, labelling and monitoring of permitted substances.

3.2.
The proposal concentrates on providing a standard of
regulation and testing applicable to all Member States which
will ensure the functioning of
the internal market. The
proposal states that it does this whilst ‘ensuring a high degree
of protection of the environment’. However, it should be noted
that the Commission promotes, through its detergents’ criteria
for the EU Eco-label, an approach which sets more demanding
standards to ensure environmental sustainability. In the view
of the EESC the Commission aims to meet ‘middle ground’
concerns about environmental impact and is thus regarded as
inadequate in certain respects by some environmental groups.
Conversely, certain views from the cleaning products industry

( 1) Opinion of the Economic and Social Committee on the White
Paper — Strategy for a Future Chemicals Policy (COM(2001) 88
final) — OJ C 36, 8.2.2002, p. 80-85; Opinion of the Economic
and Social Committee on the Proposal for a Decision of the
European Parliament and of the Council laying down the Com-
munity
2001-2010
(COM(2001) 31 final — 2001/0029 (COD) — OJ C 221,
7.8.2001, p. 80-85; Opinion of the Economic and Social Com-
mittee on the Proposal for a Council Regulation concerning the
export and import of dangerous chemicals (COM(2001) 803 final
— 2001/0026 (ACC) — OJ C 241, 7.10.2002, p. 50-56.

Environment

Programme

Action

4. Specific comments

the proposal

the detail of

4.1. Much of
is concerned
with the biodegradability of surfactants in aerobic conditions
(presence of oxygen) and the testing procedures which can
establish primary and ultimate biodegradation. Primary biode-
gradation involves the loss of the surfactants original properties
(i.e. the capacity to clean); ultimate biodegradation is the final
level achieved when the surfactant is as fully broken down by
micro-organisms as possible. The EESC applauds the intention
to distinguish between primary and ultimate biodegradation
as it
is the latter which now poses the main threat to
the aquatic and coastal environment through accumulation.
However,
the proposal recognises that issues relating to
anaerobic biodegradation (without the presence of oxygen, e.g.
in sludge or all but the top layer of sea-bed) remain unresolved.
Although the proposal recommends this issue is kept under
review and, if justified, a further proposal developed, the EESC
believes this view to be disingenuous. Robust tests and ranking
tables for the anaerobic digestion of surfactants in clothes
detergents do exist (2) and the Committee recommends that:

— the proposed regulation considers the inclusion of tests
on anaerobic biodegradation and sets appropriate stan-
dards and levels.

4.2.
All stakeholders involved in this issue, including the
Commission, acknowledge that laboratory testing procedures
are not necessarily reliable in covering all the various con-
ditions that might apply to biodegradation processes in real
life. It is also the case that this is a continually developing
field of
interest and concern worldwide. Sometimes the
methodological approach underlying the proposal does not
always incorporate contemporary approaches and studies
undertaken by various government or independent agencies,
e.g. the Danish Environmental Protection Agency (3). The
Commission has also acknowledged in discussions that new
evaluations of the environmental risks posed by phosphates
are pending. In this context a more active application of the
precautionary principle is appropriate. The EESC therefore
recommends that:

— the proposed regulation should specifically state that its
joint objective is to encourage the use of surfactants
which rapidly biodegrade in a way which does not raise
any problem of environmental toxicity;

(2) The Nordic Swan, the official environmental label of the Nordic
countries introduced in 1989 by the Nordic Council of Ministers.
(3) ‘Environmental and health assessment of substances in household
detergents and cosmetic detergent products’, Environmental Pro-
ject No 615, Danish EPA 2001: http://www.mst.dk/udgiv/
Publications/2001/87-7944-596-9/html/default–eng.htm

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— more precise test methods are sought making it possible
to more accurately monitor biodegradation over time;

not require this information and the EESC suggest its inclusion
in future revisions.

— a clear statement should be made that substances in
cleaning products causing excessive harm to the environ-
ment will be banned. This to be based on evidence
published to date and maintained as a rolling review to
incorporate the findings of new research studies as they
are published.

4.3.
The EESC welcomes the proposed requirement that
detergent product labels state the presence of fragrances which
are on the list of allergenic perfume ingredients. As a further
aid to providing consumer information of use in enabling a
purchaser to opt for a more environmentally friendly product
the Committee recommends that:

— the Commission proposes ways and means to communi-
cate the general environmental impact characteristics of
the product (not just the surfactant), e.g. by requiring
the level of primary and ultimate biodegradability as
determined by an improved testing process be expressed
as a percentage on the product label;

— the Commission emphasises through consumer edu-
cation that correct use of detergents can eliminate
unnecessarily high dosage and that further research and
information (via labelling and advertising) on controlled
dosage will assist consumers to reduce the amount of
detergent used at source.

4.4.
The current proposal requires the number of standard
washes obtainable to be stated on the packaging, which the
EESC endorses, but notes that current EU Eco-label criteria do

Brussels, 26 February 2003.

5. Conclusions

The proposal

5.1.
introduces little that is new but is
rather a consolidation of existing directives and voluntary
agreements. The EESC notes the Commission’s stated commit-
ment to minimise the environmental impact of this category
of high volume consumer products and the inclusion of the
Committee’s recommendations set out in this opinion will give
additional weight to this intention. The EESC recognises that
the detergent manufacturing industry has itself contributed
substantially to reducing the environmental impact of their
products.

impact

5.2.
Significant advances have been made in the commercial
development of substitutes to replace detergent ingredients
with known damaging effects or broader, second order
implications. The EESC notes and
environmental
sympathises with the very real concern and dissatisfaction of
numerous European environmental scientists with the current
proposal and therefore urges the Commission and the deter-
gents industry to promote the adoption of completely bio-
degradable and non-toxic products in conjunction with a
programme of positive consumer education.

5.3.
In particular the development of eco-labelling has led
to the presentation of technical information and the appli-
cation of
testing procedures on detergents already being
accepted as appropriate for higher environmental standards by
the Commission. The EESC recommends that in future work
on the development of further directives or regulations the
Commission could take more account of these initiatives.

The President

of the European Economic and Social Committee

Roger BRIESCH