National regulation of phosphorus in household laundry detergents and dishwasher detergents Conditions and consequences

Background
800 lakes in Sweden are eutrophic and the situation for the Baltic Sea is acute. The prevalence of
anoxic and oxygen-poor seabeds in the Baltic Sea is a major concern. Scientists agree that
the situation is further worsened by human impacts. Decided and implemented measures
to reduce phosphorus emissions from agriculture, wastewater treatment plants and industry have not been
sufficiently environmentally and cost-effective (phosphorus is a non-metallic element with
the designation P). Therefore, further measures are needed to reduce phosphorus levels in
many aquatic environments, including the Baltic Sea.including the Baltic Sea.
Sweden has been a strong driving force among the member states in the Baltic Sea region to
establish an action plan to protect the Baltic Sea environment. Such a plan has been realized through
HELCOM (Helsinki Commission). All states around the Baltic Sea including Russia and
the European Commission have signed the Baltic Sea Action Plan (BSAP), which among
other things contains a clear recommendation to replace phosphates in
consumer laundry detergents as soon as possible and to consider a similar measure for dishwasher detergents
(phosphates are salts and esters of phosphoric acid in which phosphorus is a component). Sweden’s commitment
under the BSAP is to reduce emissions of phosphorus to the Baltic Sea by 290 tons/year by 2016.
A national regulation on the sale and transfer of detergents containing phosphates to
consumers for individual use came into force in Sweden in March 2008. This followed the Government’s decision in
December 2007 to introduce the restriction to counteract eutrophication.
In a previous government commission, the restriction was estimated to correspond to an annual reduction in
emissions of around 30 tons of phosphorus. Despite the regulation, detergents for consumer use
may still contain phosphates in concentrations up to 0.2% by weight.
In March 2010, the Government decided to regulate the marketing and transfer of dishwasher detergents
containing phosphates. The restriction will enter into force on July 1, 2011. The regulation was estimated in the
previous government assignment to correspond to an annual reduction in phosphorus emissions of approximately 20 tons
per year. Despite the restriction, dishwasher detergents for consumer use may still contain
phosphates at levels up to 0.5% by weight.
Since the regulations are limited to consumer laundry and dishwasher detergents
containing phosphates, other phosphorus compounds, such as phosphonates, can still
be used (phosphonates are salts and esters of phosphonic acid in which phosphorus is a component).
Phosphonates may have an impact on eutrophication as all phosphorus compounds can be converted to
phosphates in the aquatic environment.
On 29 April 2010, the Government commissioned the Swedish Chemicals Agency, after consultation with
the Swedish Environmental Protection Agency and the Swedish Consumer Agency, to investigate the conditions for and consequences of
a national regulation of phosphorus in detergents and dishwasher detergents for consumer use, i.e. an
extension of the current restriction on phosphates. In the assignment, the Government has stated that
further measures aimed at reducing phosphorus levels in many aquatic environments are required to
achieve the environmental quality objective No eutrophication.
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The Swedish Chemicals Agency’s proposal
The Swedish Chemicals Agency proposes that national regulation of the use of
phosphorus compounds in washing machine detergents for consumer use be introduced.
If the regulation of total phosphorus content is not introduced, the Swedish Chemicals Agency considers that the wording
of the already decided restrictions on phosphates in detergents and dishwasher detergents should
be clarified so that the application is unambiguous.
Limiting the total phosphorus content sends a clear signal to the companies concerned and to the rest of the world
to develop phosphorus-free alternatives that perform well and are easily accessible to consumers.
Such national regulation of phosphorus compounds in detergents and dishwasher detergents is estimated to contribute
to small direct reductions in phosphorus emissions. Locally, the regulation may have some impact on
the eutrophication situation in lakes, rivers or bays at locations where many individual
drains are used. The measure would prevent a possible future increase in phosphorus emissions
from use in detergents and dishwasher detergents.
Swedish regulation may also motivate other Baltic Sea countries, where the effect of reduced
emissions may be greater, to take corresponding measures and thus indirectly result in reduced
phosphorus emissions. Increased pressure to replace phosphorus compounds in detergents and dishwasher detergents may
also lead to more research and technology development. Both measures are intended to contribute to a
clearer formulation of the legal text compared to the existing regulations, and can thus
facilitate application and reduce the risk of different interpretations arising regarding which
phosphorus compounds are covered. Simply clarifying restrictions that have already been decided would not
reduce phosphorus emissions, but by making the meaning clear, the regulation will be easier to
comply with, monitor and control. With a restriction on total phosphorus content, the measures
have been taken that are possible to reduce phosphorus emissions from use in laundry and
dishwasher detergents.
Analysis and basis for proposed measures
In the report, the Swedish Chemicals Agency proposes a revised wording for existing restrictions
on phosphates in laundry and dishwasher detergents and produces a basis for the application for notification.
The Swedish Chemicals Agency has assumed that the main purpose of the assignment has been to investigate
the conditions for and consequences of regulating the use of total phosphorus in detergents and dishwasher detergents for consumer use instead of phosphates as in the current
regulations. A key task has therefore been to monitor and evaluate the consequences
of the regulations adopted.
Data from the product register show that compliance with the regulation of detergents has been good
and that the use of phosphates in both detergents and dishwasher detergents for consumer use is decreasing
. The regulation of phosphates in dishwasher detergents will enter into force on July 1, 2011. The samples do not show
an increase in the use of phosphonates or other phosphorus compounds in consumer laundry and dishwasher detergents
. However, in 2008, phosphonates were used in consumer products at levels between
0.06 and 5 % by weight by 20 companies that together used 29 tons. The corresponding figures
for phosphates for the same year are 44 companies that together used 3623 tons of phosphates in 2008.
The alternative complexing agents in laundry and dishwasher detergents for consumer use that are increasing
slightly are polycarboxylates (PCA), zeolites and citrates. In previous
government assignments, the Swedish Chemicals Agency has concluded that a slight increase in the use of polycarboxylates and
phosphonates in phosphate-free detergents is not associated with significant environmental risks.
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The conclusion of the Swedish Chemicals Agency is that it is unlikely that the transition to phosphate-free or
phosphorus-free detergents and dishwasher detergents would significantly increase environmental risks.
The Norwegian regulation with a content limit of 0.2% by weight for detergents and 3.8%
by weight for dishwasher detergents is reported to have been positive for the environment, including the eutrophication of
Lake Mjösa. Similar experiences exist from Italy and Switzerland.
The extent to which the already decided regulations of phosphates in detergents and dishwasher detergents contribute
to a reduction in phosphorus emissions depends primarily on how the companies concerned have interpreted its
meaning and scope. Some companies interpret the current restrictions as regulating
the use of phosphate while others interpret it as regulating the use of all
phosphorus compounds. This has consequences for compliance and
enforcement, but also for manufacturers and importers as the
playing field is not level. As there are different interpretations of current regulations, the meaning
needs to be clarified in order for them to be effective and applicable.
According to the Swedish Chemicals Agency’s assessment, the Detergents Regulation does not prevent regulation
of the total phosphorus content. The fact that regulation of the total phosphorus content is possible from an EU perspective
is also supported by the fact that several other countries have introduced a restriction relating to total phosphorus content and
not just phosphates.
The Swedish Chemicals Agency’s previous consultations with various manufacturers have shown that the content limits of 0.2%
and 0.5% by weight are applicable. Various stakeholders state that there needs to be
the possibility to use low levels of various phosphorus-containing substances and thereby leave
room for technological development. Against this background, the agreed content limits
of 0.2% by weight for detergents and 0.5% by weight for dishwasher detergents were proposed. For the restriction in
dishwasher detergent, a higher concentration limit was given as the need for low levels of various
phosphorus-containing substances was stated to be greater than for use in detergents. Analysis of
data from the product register and renewed consultation with the stakeholders concerned has
shown that the Swedish Chemicals Agency has seen no reason to propose a change to the current concentration limits
if regulation based on total phosphorus content is introduced.
The industry stated in the previous government assignments that the technical problems reported
can be solved over time. Examples of technical problems that remain to be solved are
deposits on glass. In connection with the work on this report, no information
has emerged that the corresponding development and transition to phosphorus-free laundry detergents and
dishwasher detergents would not be possible with the current content limits.