Procedure : 2010/0298(COD)
Document stages in plenary
Document selected : A7-0246/2011

Texts tabled :

A7-0246/2011

Debates :

PV 13/12/2011 - 16
CRE 13/12/2011 - 16

Votes :

PV 14/12/2011 - 7.3
Explanations of votes
Explanations of votes

Texts adopted :

P7_TA(2011)0568

REPORT     ***I
PDF 826kWORD 476k
23.6.2011
PE 458.795v02-00 A7-0246/2011

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorus compounds in household laundry detergents

(COM(2010)0597 – C7‑0356/2010 – 2010/0298(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Bill Newton Dunn

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on the Internal Market and Consumer Protection
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorus compounds in household laundry detergents

(COM(2010)0597 – C7‑0356/2010 – 2010/0298(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0597),

–   having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0356/2010),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 15 March 2011(1),

–   having regard to the opinion of the Committee of the Regions of 04 November 2010(2),

–   having regard to Rules 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0246/2011),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a regulation – amending act

Title

Text proposed by the Commission

Amendment

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 phosphorus compounds in household laundry detergents

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 phosphorus compounds in household detergents

Amendment  2

Proposal for a regulation – amending act

Recital 1

Text proposed by the Commission

Amendment

(1) Pursuant to Article 16 of Regulation (EC) No 648/2004, the Commission has evaluated the use of phosphates in detergents in the Report to the Council and the European Parliament concerning the use of phosphates6. 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 eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants. Those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates.

(1) Pursuant to Article 16 of Regulation (EC) No 648/2004, the Commission has evaluated the use of phosphates in detergents in the Report to the Council and the European Parliament concerning the use of phosphates6. 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 eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants. Those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates. However, it is critical to implement the adoption of technologies and related equipment to recover phosphorous in order to address the problem of the scarcity of that element.

Amendment  3

Proposal for a regulation – amending act

Recital 2

Text proposed by the Commission

Amendment

(2) Efficient alternatives to phosphates-based household laundry detergents require small amounts of other phosphorus compounds, namely phosphonates which if used in increasing quantities might be of concern for the environment.

(2) Efficient alternatives to phosphates-based household detergents currently require small amounts of other phosphorus compounds, namely phosphonates, or other co-builders such as polycarboxylates. Those substances are not readily biodegradable. In its opinion of 29 May 2007 entitled "Non surfactant Organic Ingredients and Zeolite-based Detergents", the Scientific Committee on Health and Environmental Risks found that the available information is not sufficient to exclude a potential risk due to those substances and recommended that additional information be provided for a more thorough and complete risk assessment. If those substances were used in increasing quantities as a result of the limitation on the use of phosphates, this might be of concern for the environment.

Justification

The use of other co-builders currently applies not only to household laundry detergents, but also to household automatic dishwashing detergents. It is important to refer to the findings of the relevant scientific committee of the European Commission that there may well be environmental problems with these co-builders and their resulting recommendation that additional information should be provided.

Amendment  4

Proposal for a regulation – amending act

Recital 4

Text proposed by the Commission

Amendment

(4) Since the objectives of the action to be taken, namely to reduce the contribution of phosphates from detergents to eutrophication 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 national 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 proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(4) Since the objectives of the action to be taken, namely to reduce the contribution of phosphates from detergents to eutrophication risks, to reduce the costs of phosphates removal in waste water treatment plants and to ensure the smooth functioning of the internal market in household detergents, cannot be sufficiently achieved by Member States as national measures with different technical specifications cannot influence the quality of water crossing national 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 proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Justification

In the absence of harmonisation at EU level of the content of phosphates and the other phosphorous compounds in household laundry detergents Member States have opted for varied approaches which have consequently led to highly fragmented internal market for those detergents with regard to their phosphate content. In order to improve the free movement of household laundry detergents in the internal market it is necessary to harmonise divergent national rules.

Amendment  5

Proposal for a regulation – amending act

Recital 5

Text proposed by the Commission

Amendment

(5) It is not appropriate to extend limitations of the use of phosphates and other phosphorus compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available.

(5) Efficient household automatic dishwasher detergents with a limited concentration of phosphorus are currently available on the market. It is thus appropriate to extend limitations of the use of phosphates and other phosphorus compounds in household laundry detergents to household automatic dishwasher detergents. It is not appropriate, however, to extend these limitations to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available.

Justification

It is appropriate to limit the use of phosphates and other phosphorus compounds also in household automatic dishwasher detergents

Amendment  6

Proposal for a regulation – amending act

Recital 7

Text proposed by the Commission

Amendment

(7) The Commission should be empowered to adopt 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.

(7) The Commission should be empowered to adopt 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 Regulation (EC) No 648/2004. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

Justification

It is appropriate to ensure that the Commission carries out consultations. (Wording from the Common Understanding on Practical Arrangements for the Use of Delegated Acts.)

Amendment  7

Proposal for a regulation – amending act

Recital 9

Text proposed by the Commission

Amendment

(9) It is appropriate to provide for deferred application of the restriction established in this Regulation so as to allow operators, in particular small and medium–sized enterprises, to reformulate their phosphate–based household laundry detergents using alternatives during their usual reformulation cycle in order to minimise the costs.

(9) It is appropriate to provide for deferred application of the restrictions established in this Regulation so as to allow operators, in particular small and medium–sized enterprises, to reformulate their phosphate–based household laundry detergents and household automatic dishwasher detergents using alternatives during their usual reformulation cycle in order to minimise the costs.

Justification

Amendment  8

Proposal for a regulation – amending act

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) Member States are nonetheless required to comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy1 by implementing adequate and appropriate water treatment systems and, specifically, equipping waste water treatment plants with a tertiary treatment stage in accordance with Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment2. This is vital to help ensure the good quality of European waters and, specifically, to reduce point source phosphate discharge.

 

____________

 

OJ L 327, 22.12.2000, p. 1.

2 OJ L 135, 30.5.1991, p. 40.

Amendment  9

Proposal for a regulation – amending act

Recital 9 b (new)

Text proposed by the Commission

Amendment

 

(9b) The HELCOM Baltic Sea Action Plan adopted on 15 November 2007 and the Commission communication of 10 June 2009 on the European Union Strategy for the Baltic Sea Region point out that, in order to reduce eutrophication of the Baltic, which has reached a dangerously high level, the phosphates contained in household laundry detergents must be suitably replaced by other substances, and discharges of nutrients (in particular phosphates) into the sea must be reduced, whereby such measures would also help to reduce eutrophication of other seas.

Amendment  10

Proposal for a regulation – amending act

Recital 9 c (new)

Text proposed by the Commission

Amendment

 

(9c) Given that the phosphates contained in household laundry detergents represent only a small proportion of the phosphates responsible for eutrophication of the seas, the amount of phosphates entering the seas from other sources must also be cut more drastically in order to protect the marine environment.

Amendment  11

Proposal for a regulation – amending act

Article 1 – point -1 (new)

Regulation (EC) No 648/2004

Recital 20

 

Text proposed by the Commission

Amendment

 

(-1) Recital 20 is replaced by the following:

 

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers1.”

 

_____________

 

1 OJ L 55, 28.2.2011, p.13.

Justification

Adaptation of the basic act to the new procedures regarding implementing powers laid down by Regulation (EU) 182/2011 of 16 February 2011.

Amendment  12

Proposal for a regulation – amending act

Article 1 – point 2

Regulation (EC) No 648/2004

Article 2 – points 3 and 9

 

Text proposed by the Commission

Amendment

(2) Article 2, point 3 is replaced by the following:

(2) Article 2 is amended as follows:

 

(a) 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. 'Cleaning' means the process by which soil is dislodged from the substrate and brought into a state of solution or dispersion.”

 

(b) point 9 is replaced by the following:

 

9. ‘Placing on the market’ means supplying or making available, whether in return for payment or free of charge, to a third party. Import shall be deemed to be placing on the market.”

Justification

In order to ensure legal certainty and harmonised use of terms it is appropriate to align the definition of "placing on the market" with the respective definitions provided in Regulation (EC) No 1907/2006 (REACH) and Regulation (EC) No 1272/2008 (CLP), as the main object of all three Regulations are substances and mixtures.

Amendment  13

Proposal for a regulation – amending act

Article 1 – point 3

Regulation (EC) No 648/2004

Article 4 a – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Detergents listed in Annex VIa which are placed on the market before the date set out in that Annex may continue to be made available on the market until ...* without having to comply with the limitations on the content of phosphates and other phosphorus compounds laid down in that Annex.

 

_____________

 

* OJ please insert date: 2 years after the date of entry into force of this Regulation.

Justification

This transitional provision will ensure that detergents which are placed on the market in accordance with current legislation may continue to be made available on the market for another two years following the entry into force of this Regulation. With this provision, the new requirements on the content of phosphates and of other phosphorous compounds set out in this Regulation should not result in a burden with regard to detergents that comply with current legislation.

Amendment  14

Proposal for a regulation – amending act

Article 1 – point 3a (new)

Regulation (EC) No 648/2004

Article 5 – paragraph 4

 

Text proposed by the Commission

Amendment

 

(3a) In Article 5, paragraph 4 is replaced by the following:

 

"4. On the basis of, in particular, the evaluation carried out by the Member State, the Commission may grant a derogation in accordance with the procedure referred to in Article 12(2). If necessary, before granting such derogation the Commission shall evaluate further the matters indicated in paragraph 3 of this Article. It shall take its decision within 12 months of receiving the evaluation from the Member State, except in the case of Article 5(4) of Regulation (EU) No 182/2011 where the period shall be 18 months.”

Justification

Adaptation of the basic act to the new procedures regarding implementing powers laid down by Regulation (EU) 182/2011 of 16 February 2011.

Amendment  15

Proposal for a regulation – amending act

Article 1 – point 3 b (new)

Regulation (EC) No 648/2004

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(3b) In Article 6, paragraph 3 is replaced by the following:

 

"3. If the Commission refuses to grant a derogation, it shall do so within 12 months of receiving from a Member State the evaluation mentioned in Article 5(3), except in the case of Article 5(4) of Regulation (EU) No 182/2011 where the period shall be 18 months. It may set a transitional period during which the placing on the market and use of the surfactant in question shall be phased out. This transitional period shall not exceed two years from the date of the Commission's decision.”

Justification

Adaptation of the basic act to the new procedures regarding implementing powers laid down by Regulation (EU) 182/2011 of 16 February 2011.

Amendment  16

Proposal for a regulation – amending act

Article 1 – point 3 c (new)

Regulation (EC) No 648/2004

Article 10 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(3c) In Article 10, paragraph 2 is replaced by the following:

 

“2. In cases of concern that a test carried out in accordance with the methods listed in Annex II, III, IV or VIII has produced false positive results, the Member States' competent authorities shall notify the Commission and the Commission shall verify those results and take the necessary measures by means of delegated acts, in accordance with Article 13a.

Justification

Adaptation of the basic act to the new procedures regarding delegated acts.

Amendment  17

Proposal for a regulation – amending act

Article 1 – point 3 d (new)

Regulation (EC) No 648/2004

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

 

(3a) In Article 11, paragraph 4 is replaced by the following:

 

"4. Additionally, the packaging of detergents sold to the general public intended to be used as laundry detergents shall bear the information provided for in Sections B and Ba of Annex VII."

Amendment  18

Proposal for a regulation – amending act

Article 1 – point 3 e (new)

Regulation (EC) No 648/2004

Article 11 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

(3b) In Article 11, the following paragraph is added:

 

"6a. In order to prevent distortions in environmental competitiveness, manufacturers shall not make any environmental claims on attributes which are merely complying with Union legislation."

Justification

Manufacturers should be prevented from confusing consumers with product attributes which are merely required by Union legislation. For instance, no phosphate-free claim should be allowed for product categories for which the ban on phosphates is already in force.

Amendment  19

Proposal for a regulation – amending act

Article 1 – point 4

Regulation (EC) No 648/2004

Article 12

 

Text proposed by the Commission

Amendment

(4) In Article 12, paragraph 3 is deleted.

(4) Article 12 is replaced by the following:

 

"Article 12

Committee procedure

 

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

 

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”

Justification

Adaptation of the basic act to the new procedures regarding implementing powers laid down by Regulation (EU) 182/2011 of 16 February 2011.

Amendment  20

Proposal for a regulation – amending act

Article 1 – point 5

Regulation (EC) No 648/2004

Article 13

 

Text proposed by the Commission

Amendment

1. The Commission may adopt, by means of delegated act in accordance with Articles 13a, 13b and 13c, amendments necessary for adapting the Annexes to scientific and technical progress. The Commission shall, wherever possible, use European standards.

1. The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 13a, amendments necessary 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.

2. The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 13a, necessary 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 Committee 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 Section A of Annex VII accordingly.

3. Where individual risk-based concentration limits for the fragrance allergens are established by the Scientific Committee on Cosmetics and Non-food Products, the Commission shall be empowered to adopt delegated acts in accordance with Article 13a to adapt the limit of 0.01% set out in Section A of Annex VII accordingly.

Amendment  21

Proposal for a regulation – amending act

Article 1 – point 6

Regulation (EC) No 648/2004

Articles 13a, 13b and 13c

 

Text proposed by the Commission

Amendment

(6) The following Articles 13a, 13b and 13c are inserted:

(6) The following Article is inserted:

"Article 13a

"Article 13a

Exercise of the delegation

Exercise of the delegation

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.

1. The power to adopt the delegated acts referred to in Article 13 is conferred on the Commission subject to the conditions laid down in this Article.

 

1a. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for an indeterminate period of time from ...*.

 

1b. The power to adopt delegated acts referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

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 are conferred on the Commission subject to the conditions laid down in Articles 13b and 13c.

3. A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

 

_______________

 

* OJ: please insert the date of entry into force of this Regulation."

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 delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons 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 date 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 the 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 which objects shall state the reasons for objecting to the delegated act."

 

Amendment  22

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 648/2004

Article 16 - paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

By December 2013, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphonates and polycarboxylates in detergents and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications.

Justification

In accordance with the recommendations of the scientific committee of the European Commission, further assessment is necessary for phosphonates and polycarboxylates, as a risk to the environment cannot be excluded. Their use should therefore be reviewed by the Commission.

Amendment  23

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 648/2004

Article 16

 

Text proposed by the Commission

Amendment

By 31 December 2014, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphates and other phosphorus compounds in household automatic dishwasher detergents and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications.”

By 31 December 2016, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphates and other phosphorus compounds in industrial and institutional detergents and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications.”

Justification

It is appropriate to examine the use of phosphates and other phosphorus compounds in industrial and institutional detergents in order to ensure a coherent approach.

Amendment  24

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 648/2004

Article 16 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

By 31 December 2016, the Commission shall evaluate, submit a report to the European Parliament and to the Council and, if justified, present a legislative proposal providing for a limit of 0,2 % of phosphorous compounds in household laundry detergents and household automatic dishwasher detergents.

Justification

The Commission should, if justified, propose a 0.2 % limit for phosphorous compounds in household laundry and household automatic dishwasher detergents in order to ensure a high protection of the environment and human health. Considering that Sweden already has this limit, this should be possible also for the EU.

Amendment  25

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 648/2004

Article 16 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

By 31 December 2014, the Commission shall also evaluate and submit a report to the European Parliament and to the Council on the technical, economic and sustainable development perspectives for phosphate recovery and recycling from domestic sewage, animal manures and industrial wastes, taking into account the resource stewardship and geopolitical aspects of phosphate rock reserves and assessing the implications for the use and possible recycling of phosphates in detergents.

Justification

Phosphates are a non renewable resource, non replaceable for feeding the world’s population, as well as in medical and industrial applications. The EU is essentially dependent on imports, as reserves are concentrated in China and the Western Sahara. On the other hand, implementation of EU water protection directives will lead to increasing installation of phosphate removal. This provides an important opportunity to develop phosphate recovery and recycling, making a waste stream into a potential, non-imported resource.

Amendment  26

Proposal for a regulation – amending act

Annex

Regulation (EC) No 648/2004

Annex VIa

 

Text proposed by the Commission

LIMITATIONS ON THE CONTENT OF PHOSPHATES AND OF OTHER PHOSPHORUS 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 phosphorus is equal to or greater than 0.5 % by weight

1 January 2013

 

Amendment

LIMITATIONS ON THE CONTENT OF PHOSPHATES AND OF OTHER PHOSPHORUS 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 phosphorus is equal to or greater than 0,5 g by standard washing machine load as defined in section B of Annex VII

1 January 2013

Household automatic dishwasher detergents

Shall not be placed on the market if the total content of phosphorus is equal to or greater than 0,5 g by standard dosage.

The standard dosage is the recommended dosage in g or ml for normally soiled tableware and irrespective of water hardness, in a fully-loaded 12-place settings dishwasher. This dosage excludes any dosage recommendations or products added for pre-treatment. It also excludes rinse agents used in the final rinse of the programme.

1 January 2015

Justification

Some phosphorous-based ingredients are used at low levels in phosphate-free products such as phosphonates. Due to a concentration effect in compact products, the 0.5% phosphorous limit may be exceeded. Therefore, expressing the restriction as maximum 0.5 gram of phosphorous by standard washing load avoids impeding further compaction, which is a key driver of sustainability.

It is appropriate also to limit the use of phosphates and other phosphorous compounds in household automatic dishwasher detergents, and to express the restriction in grams for the same reasons as above

Amendment  27

Proposal for a regulation – amending act

Article 1 – point 11 a (new)

Regulation (EC) No 648/2004

Annex VII – Section B a (new)

 

Text proposed by the Commission

Amendment

 

(11a) In Annex VII, the following section is inserted :

 

"Ba. Information on sustainable use

 

Without prejudice to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version)1, household laundry detergent labels:

 

shall mention relevant information, by means of a logo and/or text, on encouraging the sustainable use of laundry detergents, such as recommendations for avoiding the incomplete filling of washing machines, paying attention to the dosing instructions, washing at low temperature and recycling/refilling packaging, and

 

shall contain references to other existing sources, such as internet websites, containing further information for consumers, in order to allow them to have access to useful recommendations, suggestions and advice encouraging their sustainable use.

 

______________

 

1 OJ L 376, 27. 12.2006, p. 21."

(1)

OJ C ... /Not yet published in the Official Journal.

(2)

OJ C ..., ..., p. ....


EXPLANATORY STATEMENT

The purpose of the current Commission proposal for a Regulation is to reduce the amount of phosphorus used in detergents in domestic washing-machines. The Commission opted for a regulation instead of directive in order to better harmonise different rules at national levels.

Phosphates end up in our water systems, rivers, streams, lakes, and notably the Danube Basin, and the Baltic Sea. Phosphorus helps life to flourish. As a result algae and other fast developing plant life proliferate where there is an increased source of phosphorus in water. That results in eutrophication - the excessive growth of algae which starves other living organisms of oxygen and can also produce toxins - killing fish, plants, and other species, as well as reducing the quality of the water itself.

Therefore, to clean up Europe's water, it is desirable to reduce the amount of phosphorus reaching the water of our continent - and indeed throughout the world.

The biggest use of phosphates in the EU is in fertilisers, but they remain largely in soil. Phosphorus arrives in water mainly from humans and other mammals: the major source is in the form of faeces and urine which is very obviously beyond the scope of this proposal.

However, phosphorus from domestic laundry detergents is a significant contributor, and one that reaches water channels directly. Therefore the Commission's proposal is strongly welcomed.

In addition to this, there is another domestic source of phosphates - which come from automatic dishwashing machine detergents (ADW detergents).

Phosphates are used in detergents to counteract hardness of water to allow efficient cleaning, and they also perform other functions to enhance cleaning performance.

A complication is that hardness of water varies enormously across the EU. In Scandinavia water is generally soft so detergent formulas containing less phosphates perform well. In other parts of the EU, such as Southern Europe, water is harder which requires more phosphates in detergents in order to clean clothes and dishes effectively.

Alternatives to phosphates in detergents do exist and, particularly for domestic laundry detergents, the trend is towards phosphate-free formulations. Indeed, phosphate-free liquid laundry detergents already occupy a large and increasing share of the market in the EU. Although ADW detergents are still mainly phosphate-based, there are phosphate-free products and technologies available. Alternative detergent formulations nonetheless require phosphonates (also containing phosphorus, though much smaller amounts) for effective cleaning. Therefore, a complete phosphorus ban is not possible.

The current state of national legislation across the EU reflects the trend away from the use of phosphates in detergents, with some member states already having restrictions in place for domestic laundry detergents and a few also introducing restrictions for ADW detergents. This has fragmented the internal market for detergents, presenting costs for companies operating in several Member States. Furthermore, with no harmonised EU legislation, the EU has difficulty in securing agreement with third countries on reducing phosphorus content in laundry and dishwasher detergents in regional initiatives to clean up water in such as the HELCOM Baltic Sea Action Plan and the Danube Region Strategy.

There seems to be broad acceptance that the maximum amount of phosphorus per wash should be set at 0.5g per dose (according to standard wash load) for domestic laundry detergents. Expressing this limit in grams per wash, rather than in % by weight, as initially proposed by the Commission, will allow for laundry detergent manufacturers to produce more compact, concentrated formulas, which will not contain any greater amount of phosphorus than 0.5% by weight of a current 'standard dose', but where the phosphorus (from phosphonates) could form more than 0.5% of the total weight.

When your committee's rapporteur and the shadow rapporteurs met, there was a large majority for also including domestic ADW detergents within the proposal. As there is no standard wash load for ADW, the limit should also be set at 0.5% P by weight.

By setting a date by which phosphorus in domestic laundry and ADW detergents will be restricted, we can ensure the biggest contribution we can to reducing the eutrophication risk throughout the EU, and in the shortest time feasible. Fixing a reasonable date for a phosphorus limit in ADW detergents will incentivise the necessary innovation to speed up the transition to phosphate-free formulas, whilst allowing sufficient time to reduce the negative impacts on manufacturers. This will also ensure harmonisation in the internal market.

Your rapporteur recommends a study to be conducted to investigate the feasibility and potential impacts of a phosphate ban for Industrial and Institutional Detergents, where the situation is much more complex.

Regarding the inclusion of ADW detergents in the regulation, the committee will wish to consider the choice between accelerating the campaign against eutrophication and the loss of jobs in SMEs which make phosphate-rich ADW detergents and do not, yet, possess the know-how to make them phosphate-free - although, unfortunately, it appears that no statistics exist of the number of jobs at risk.


OPINION of the Committee on the Internal Market and Consumer Protection (14.4.2011)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a regulation 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

(COM(2010)0597 – C7‑0356/2010 – 2010/0298(COD))

Rapporteur: Marc Tarabella

SHORT JUSTIFICATION

The internal market in household laundry detergents is currently fragmented with regard to the content of phosphates and other phosphorous compounds. In order to contribute to the better functioning of the internal market in detergents the harmonised approach is necessary.

In the absence of harmonisation of the levels of content of phosphates and other phosphorous compounds in the household laundry detergents at EU level, Member States have chosen among several approaches. Certain Member Sates have taken national measures to restrict the use of phosphates in detergents. Other Member States have opted for voluntary action by the industry to reduce the use of phosphates in detergents; however it is possible that certain producers might feel not bound by voluntary commitments. Moreover, ten Member States do not have any restrictions of phosphate levels in detergents at all. Such variety of approaches has led to highly fragmented internal market for detergents, as result of which detergent producers are obliged to comply with divergent national rules and in turn this causes time losses and additional costs.

Moreover with regard to the products that are not subject to harmonisation legislation, mutual recognition principle is applicable. According to the Regulation (EC) No 764/2008 on mutual recognition(1) Member States are required to accept products, thus detergents containing various levels phosphates as well, which are lawfully marketed in another Members State unless they can demonstrate that there are specific reasons to the contrary. The relatively short time limits for the Member States' administrations to take a decision on mutual recognition imply considerable burden, especially when it concerns numerous products.

Therefore in order to improve the free movement of household laundry detergents in the internal market it is recommended to harmonise divergent national rules concerning contents of phosphates and other phosphorous compounds in those detergents. This would moreover contribute to elimination of costs borne by the producers and national administrations due to the current fragmentation in the internal market and avoid burdens related to mutual recognition.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation – amending act

Recital 1

Text proposed by the Commission

Amendment

(1) Pursuant to Article 16 of Regulation (EC) No 648/2004, the Commission has evaluated the use of phosphates in detergents in the Report to the Council and the European Parliament concerning the use of phosphates. 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 eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants. Those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates.

(1) Pursuant to Article 16 of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents1, the Commission has evaluated the use of phosphates in detergents in the Report to the Council and the European Parliament concerning the use of phosphates. Following further analysis, the Commission has concluded that the use of phosphates in household laundry detergents should be banned in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants. Those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates. Moreover, the introduction of the ban on phosphates would contribute to the harmonisation of the internal market in household laundry detergents and thus improve the free movement of those detergents.

 

_______

1 OJ L 104, 8.4.2004, p. 1.

Justification

In the absence of harmonisation at EU level of the content of phosphates and the other phosphorous compounds in household laundry detergents Member States have opted for varied approaches which have consequently led to highly fragmented internal market for those detergents with regard to their phosphate content. In order to improve the free movement of household laundry detergents in the internal market it is necessary to harmonise divergent national rules.

Amendment  2

Proposal for a regulation – amending act

Recital 2

Text proposed by the Commission

Amendment

(2) Efficient alternatives to phosphates-based household laundry detergents require small amounts of other phosphorous compounds, namely phosphonates which if used in increasing quantities might be of concern for the environment.

(2) Efficient alternatives to phosphates-based household laundry detergents require small amounts of other phosphorous compounds, namely phosphonates, which fulfil a very specific function that is different to phosphates and are used in such small quantities that they do not contribute to any measureable extent to eutrophication.

Amendment  3

Proposal for a regulation– amending act

Recital 3

Text proposed by the Commission

Amendment

(3) The interaction between phosphates and 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 phosphates by other phosphorous compounds. The limitation for phosphorous content should be low enough to effectively prevent the marketing of phosphate-based household laundry detergent formulations, while being high enough to allow the minimum quantity of phosphonates required for alternative formulations.

deleted

Amendment  4

Proposal for a regulation – amending act

Recital 4

Text proposed by the Commission

Amendment

(4) Since the objectives of the action to be taken, namely to reduce the contribution of phosphates from detergents to eutrophication 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 national 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 proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(4) Since the objectives of the action to be taken, namely to reduce the contribution of phosphates from detergents to eutrophication risks, to reduce the costs of phosphates removal in waste water treatment plants and to ensure the smooth functioning of the internal market in household laundry detergents, cannot be sufficiently achieved by Member States as national measures with different technical specifications cannot influence the quality of water crossing national 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 proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Justification

In the absence of harmonisation at EU level of the content of phosphates and the other phosphorous compounds in household laundry detergents Member States have opted for varied approaches which have consequently led to highly fragmented internal market for those detergents with regard to their phosphate content. In order to improve the free movement of household laundry detergents in the internal market it is necessary to harmonise divergent national rules.

Amendment  5

Proposal for a regulation – amending act

Recital 5

Text proposed by the Commission

Amendment

(5) It is not appropriate to extend limitations of the use of phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available.

(5) It is not appropriate to extend the ban on phosphates in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents or to restrict the use of phosphates in those detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available and because an impact assessment is not yet available evaluating the impacts of extending limitations to household automatic dishwasher detergents, in particular evaluating reformulation costs and the impact of chemicals used in phosphate-free formulations, household water and energy consumption in the consumer use phase (wash cycle), and the economic costs to consumers.

Justification

The Impact Assessment carried out looked principally at phosphates in household laundry detergents. Possible changes in cleaning performance resulting from a move to phosphate-free household automatic dishwasher detergents could potentially have significant economic and environmental impacts very different to those for household laundry detergents: use of different substitute chemicals, choice of more intensive wash programmes by consumers with cost, water, energy (and so CO2) impacts.

Amendment  6

Proposal for a regulation – amending act

Recital 7

Text proposed by the Commission

Amendment

(7) The Commission should be empowered to adopt 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.

(7) The Commission should be empowered to adopt 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 Regulation (EC) No 648/2004. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

Justification

It is important to ensure that the Commission carries out consultations. Moreover, this wording is a proposed standard clause provided for in the Annex of Common Understanding on Practical Arrangements for the Use of Delegated Acts.

Amendment  7

Proposal for a regulation – amending act

Recital 9

Text proposed by the Commission

Amendment

(9) It is appropriate to provide for deferred application of the restriction established in this Regulation so as to allow operators, in particular small and medium–sized enterprises, to reformulate their phosphate–based household laundry detergents using alternatives during their usual reformulation cycle in order to minimise the costs.

(9) It is appropriate to provide for deferred application of the ban established in this Regulation so as to allow operators, in particular small and medium–sized enterprises, to reformulate their phosphate–based household laundry detergents using alternatives during their usual reformulation cycle in order to minimise the costs.

Amendment  8

Proposal for a regulation – amending act

Article 1 – point 1

Regulation (EC) No 648/2004

Article 1 – paragraph 2 – indent 5

 

Text proposed by the Commission

Amendment

– limitations on the content of phosphates and other phosphorous compounds in detergents.

– limitations or bans on the content of phosphates in detergents.

Amendment  9

Proposal for a regulation – amending act

Article 1 – point 2

Regulation (EC) No 648/2004

Article 2 – points 3 and 9

 

Text proposed by the Commission

Amendment

(2) Article 2, point 3 is replaced by the following:

(2) Article 2 is amended as follows:

 

(a) 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. 'Cleaning' means the process by which soil is dislodged from the substrate and brought into a state of solution or dispersion.”

 

(b) point 9 is replaced by the following:

 

9. ‘Placing on the market’ means supplying or making available, whether in return for payment or free of charge, to a third party. Import shall be deemed to be placing on the market.”

Justification

In order to ensure legal certainty and harmonised use of terms it is appropriate to align the definition of "placing on the market" with the respective definitions provided in Regulation (EC) No 1907/2006 (REACH) and Regulation (EC) No 1272/2008 (CLP), as the main object of all three Regulations are substances and mixtures.

Amendment  10

Proposal for a regulation – amending act

Article 1 – point 2 a (new)

Regulation (EC) No 648/2004

Article 2 – point 12 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) In Article 2, the following point is added:

 

“12a. ‘Life cycle assessment’ means the assessment of the environmental effects of a product at all stages, from the production of raw materials, through to manufacture of the product and packaging, transport to retail outlets and its subsequent use and disposal by the consumer.”

Justification

As Amendments 19 and 21 refer to "life cycle assessment" it is appropriate to define this term.

Amendment  11

Proposal for a regulation – amending act

Article 1 – point 3

Regulation (EC) No 648/2004

Article 4 a

 

Text proposed by the Commission

Amendment

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.

Detergents listed in Annex VIa that do not comply with the limitations on the content of phosphates laid down in that Annex shall not be placed on the market from the date set out in that Annex.

Amendment  12

Proposal for a regulation – amending act

Article 1 – point 3

Regulation (EC) No 648/2004

Article 4 a – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Detergents listed in Annex VIa which are placed on the market before the date set out in that Annex may continue to be made available on the market until ...* without having to comply with the limitations on the content of phosphates laid down in that Annex.

 

_____________

 

* OJ please insert date: 2 years after the date of entry into force of this Regulation.

Justification

This transitional provision will ensure that detergents which are placed on the market in accordance with current legislation may continue to be made available on the market for another two years following the entry into force of this Regulation. With this provision, the new requirements on the content of phosphates and of other phosphorous compounds set out in this Regulation should not result in a burden with regard to detergents that comply with current legislation.

Amendment  13

Proposal for a regulation – amending act

Article 1 – point 3 a (new)

Regulation (EC) No 648/2004

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

 

(3a) In Article 11, paragraph 4 is replaced by the following:

 

"4. Additionally, the packaging of detergents sold to the general public intended to be used as laundry detergents shall bear the information provided for in Annexes VII B and VII Ba."

Amendment  14

Proposal for a regulation – amending act

Article 1 – point 3 b (new)

Regulation (EC) No 648/2004

Article 11 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

(3b) In Article 11, the following paragraph is added:

 

"6a. In order to prevent distortions in environmental competitiveness, manufacturers shall not make any environmental claims on attributes which are merely complying with Union legislation."

Justification

Manufacturers should be prevented from confusing consumers with product attributes which are merely required by Union legislation. For instance, no phosphate-free claim should be allowed for product categories for which the ban on phosphates is already in force.

Amendment  15

Proposal for a regulation – amending act

Article 1 – point 5

Regulation (EC) No 648/2004

Article 13 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

2. The Commission may adopt, by means of delegated act in accordance with Articles 13a, 13b and 13c amendments to the Annexes I, II, III, IV, V, VI, VII and VIII of this Regulation regarding solvent-based detergents.

Justification

The Annex VIa of the Regulation contains essential elements, therefore the amendments to those elements have to be adopted by the legislator through the legislative procedure rather than through delegated acts.

Amendment  16

Proposal for a regulation – amending act

Article 1 – point 6

Regulation (EC) No 648/2004

Article 13b – paragraph 3

 

Text proposed by the Commission

Amendment

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.

3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on 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.

Justification

To ensure legal certainty it is necessary to specify the exact timing. Moreover, this wording is a proposed standard clause provided for in the Annex of Common Understanding on Practical Arrangements for the Use of Delegated Acts.

Amendment  17

Proposal for a regulation – amending act

Article 1 – point 6

Regulation (EC) No 648/2004

Article 13 c – paragraph 1

 

Text proposed by the Commission

Amendment

1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months.

Justification

The longer time period for extension is desirable in order to ensure sufficient time for the scrutiny of the measure. Moreover, two month period is a proposed standard clause provided for in the Annex of Common Understanding on Practical Arrangements for the Use of Delegated Acts.

Amendment  18

Proposal for a regulation – amending act

Article 1 – point 7

Regulation (EC) No 648/2004

Article 14 – paragraph 2

 

Text proposed by the Commission

Amendment

Member States may maintain or lay down national 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 justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available.

Member States may maintain national rules concerning limitations on the content of phosphates and of other phosphorous compounds in detergents for which no limitations on the content are set out in Annex VIa where justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available.

Justification

To ensure smooth functioning of and avoid any further fragmentation of the internal market in detergents Member States should not be encouraged to lay down new national rules concerning limitations on the content of phosphates and of other phosphorous compounds in detergents. Moreover, it is necessary to replace the term "restrictions" with the term "limitations" in order to ensure consistency and clarity of the terms used in the text.

Amendment  19

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 648/2004

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

By 31 December 2014, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphates and other phosphorous compounds in household automatic dishwasher detergents and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications.

1. By 31 December 2014, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphates and other phosphorous compounds in household automatic dishwasher detergents following a study based on the life cycle assessment of household automatic dishwasher detergents, available alternatives, their performance, their cost effectiveness and limits in terms of access to technology and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications.

Justification

In order to ensure a thorough examination of the use of phosphates and other phosphorous compounds in household automatic dishwasher detergents the Commission should in particular commission a study to analyse the life cycle of household automatic dishwasher detergents, available alternatives, their performance, their cost-effectiveness and limits in terms of access to technology. These items are essential for consideration of any future action with regard to the use of phosphates and other phosphorous compounds in automatic dishwasher detergents.

Amendment  20

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 648/2004

Article 16 – paragraph 1 – subparagraph 1a (new)

 

Text proposed by the Commission

Amendment

 

By 31 December 2014, the Commission shall also evaluate and submit a report to the European Parliament and to the Council on the technical, economic and sustainable development perspectives for phosphate recovery and recycling from domestic sewage, animal manures and industrial wastes, taking into account the resource stewardship and geopolitical aspects of phosphate rock reserves and assessing the implications for the use and possible recycling of phosphates in detergents.

Justification

Phosphates are a non renewable resource, non replaceable for feeding the world’s population, as well as in medical and industrial applications. The EU is essentially dependent on imports, as reserves are concentrated in China and the Western Sahara. On the other hand, implementation of EU water protection directives will lead to increasing installation of phosphate removal. This provides an important opportunity to develop phosphate recovery and recycling, making a waste stream into a potential, non-imported resource.

Amendment  21

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 648/2004

Article 16 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. By 31 December 2017, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphates and of other phosphorous compounds in industrial and institutional detergents and other types of detergents following a study based on the life cycle assessment of industrial and institutional detergents, available alternatives, their performance, their cost-effectiveness and limits in terms of access to technology and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications.

Justification

It appears to be appropriate to examine the use of phosphates and other phosphorous compounds in institutional and industrial detergents in order to ensure coherent approach towards the use of phosphates in different types of detergent products. Currently neither technically nor economically viable alternatives are available for institutional and industrial detergents, however the situation in the future might evolve and it should therefore be closely monitored.

Amendment  22

Proposal for a regulation – amending act

Annex

Regulation (EC) No 648/2004

Annex VI a – title and column 2 – row 2

 

Text proposed by the Commission

Amendment

LIMITATIONS ON THE CONTENT OF PHOSPHATES AND OF OTHER PHOSPHOROUS COMPOUNDS

LIMITATIONS ON THE CONTENT OF PHOSPHATES

Shall not be placed on the market if the total content of phosphorous is equal to or greater than 0.5 % by weight

Shall not be placed on the market if they contain added phosphates

Amendment  23

Proposal for a regulation – amending act

Article 1 – point 11 a (new)

Regulation (EC) No 648/2004

Annex VII – Section B a (new)

 

Text proposed by the Commission

Amendment

 

(11a) In Annex VII, the following section is inserted :

 

Ba. Information on sustainable use

 

Without prejudice to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version)1, household laundry detergent labels:

 

  shall mention relevant information, by means of a logo and/or text, on encouraging the sustainable use of laundry detergents, such as recommendations for avoiding the incomplete filling of washing machines, paying attention to the dosing instructions, washing at low temperature and recycling/refilling packaging, and

 

  shall contain references to other existing sources, such as internet websites, containing further information for consumers, in order to allow them to have access to useful recommendations, suggestions and advice encouraging their sustainable use.

 

_____________

 

1 OJ L 376, 27. 12.2006, p. 21."

PROCEDURE

Title

Amendment of Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorous compounds in household laundry detergents

References

COM(2010)0597 – C7-0356/2010 – 2010/0298(COD)

Committee responsible

ENVI

Opinion by

       Date announced in plenary

IMCO

10.11.2010

 

 

 

Rapporteur

       Date appointed

Marc Tarabella

11.2.2011

 

 

Date adopted

13.4.2011

 

 

 

Result of final vote

+:

–:

0:

32

3

2

Members present for the final vote

Pablo Arias Echeverría, Adam Bielan, Lara Comi, Anna Maria Corazza Bildt, António Fernando Correia De Campos, Jürgen Creutzmann, Christian Engström, Evelyne Gebhardt, Louis Grech, Małgorzata Handzlik, Iliana Ivanova, Philippe Juvin, Sandra Kalniete, Eija-Riitta Korhola, Edvard Kožušník, Kurt Lechner, Toine Manders, Mitro Repo, Robert Rochefort, Zuzana Roithová, Heide Rühle, Matteo Salvini, Christel Schaldemose, Andreas Schwab, Eva-Britt Svensson, Róża Gräfin von Thun und Hohenstein, Kyriacos Triantaphyllides, Emilie Turunen, Bernadette Vergnaud, Barbara Weiler

Substitute(s) present for the final vote

Ashley Fox, María Irigoyen Pérez, Constance Le Grip, Konstantinos Poupakis, Sylvana Rapti, Olle Schmidt, Marc Tarabella

(1)

Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member States (OJ L 218, 13.08.2008, p. 21).


PROCEDURE

Title

Amendment of Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorous compounds in household laundry detergents

References

COM(2010)0597 – C7-0356/2010 – 2010/0298(COD)

Date submitted to Parliament

28.10.2010

 

 

 

Committee responsible

       Date announced in plenary

ENVI

10.11.2010

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

ITRE

10.11.2010

IMCO

10.11.2010

 

 

Not delivering opinions

       Date of decision

ITRE

1.12.2010

 

 

 

Rapporteur(s)

       Date appointed

Bill Newton Dunn

19.1.2011

 

 

 

Discussed in committee

18.4.2011

 

 

 

Date adopted

15.6.2011

 

 

 

Result of final vote

+:

–:

0:

48

8

0

Members present for the final vote

János Áder, Elena Oana Antonescu, Kriton Arsenis, Sophie Auconie, Pilar Ayuso, Paolo Bartolozzi, Sandrine Bélier, Sergio Berlato, Milan Cabrnoch, Nessa Childers, Chris Davies, Bairbre de Brún, Esther de Lange, Anne Delvaux, Bas Eickhout, Jill Evans, Elisabetta Gardini, Gerben-Jan Gerbrandy, Julie Girling, Françoise Grossetête, Jolanta Emilia Hibner, Dan Jørgensen, Holger Krahmer, Jo Leinen, Corinne Lepage, Peter Liese, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Miroslav Ouzký, Gilles Pargneaux, Andres Perello Rodriguez, Mario Pirillo, Pavel Poc, Frédérique Ries, Oreste Rossi, Daciana Octavia Sârbu, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Theodoros Skylakakis, Salvatore Tatarella, Åsa Westlund, Glenis Willmott, Sabine Wils, Marina Yannakoudakis

Substitute(s) present for the final vote

Esther Herranz García, Romana Jordan Cizelj, Riikka Manner, Bill Newton Dunn, Alojz Peterle, Michail Tremopoulos, Vladimir Urutchev, Kathleen Van Brempt, Peter van Dalen

Substitute(s) under Rule 187(2) present for the final vote

Anna Hedh, Catherine Stihler

Date tabled

24.6.2011

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