In 2012, the Detergents Regulation was amended with the aim of reducing the damage caused by phosphates from detergents to the environment. Phosphorous is one of the main limiting factors for biomass production in nature and phosphorous leakage, along with  nitrogen, is a major contributor to eutrophication in the aquatic ecosystem. Eutrophication increases the growth rate and biomass of algae, in the form of slime, mats and blooms. In the Baltic Sea, eutrophication has affected the whole ecosystem.

The rules set in 2012 did not however specifically provide a limitation on the content of phosphate or phosphorous in industrial detergents or hand dishwashing detergents. This despite the fact that the International Association for Soaps, Detergents and Maintenance Products (AISP) in 2020 concluded that hand dishwashing detergents accounted for 41% of the total household dishwashing detergents market. And industrial and institutional detergents accounted for approximately 20% of the total market for detergents.  

Additionally - in 2021 the European Commission and all Member States around the Baltic Sea endorsed the HELCOM Baltic Sea Action Plan. This sets clear targets for reducing the phosphorous content in laundry detergents for consumers by 2024 and to “undertake efforts to reduce and where possible eliminate phosphorous in detergents for industrial and institutional use”. We are afraid that none of these targets will be possible to reach without addressing them in the proposed update of the regulation.  

Obviously, the amounts of phosphorous in hand dishwashing detergents and industrial cleaners are likely to be small in relation to the phosphorous content of toilet waste. Therefore, voices are raised in favour of not including these products in the proposal. But a counter-argument is that phosphorous is a finite resource and the more we can reduce the use the better. Another argument in favour of not imposing requirements on phosphorous is that treatment plants are good at retrieving phosphorous, so rules are not needed. But this does not apply to all treatment plants in the Baltic Sea countries, and certainly not to all treatment plants in Europe. Also, the less phosphorous we add to the system, the less we need to treat in the treatment plants. In addition, at least in Sweden, hand dishwashing detergents are often used in summer cottages with private sewers. Hence - upstream work is preferable.

A third argument against tightening legislation on phosphorous is that there are not enough alternatives on the market. But that was exactly what was said when the rules were decided in 2012, and it didn't take long before there were alternatives on the market. The environmental criteria in the EU's ecolabelling scheme, the EU Flower, also already sets criteria concerning phosphate and phosphorous content for hand dishwashing detergents and industrial dishwashing and laundry detergents. Alternatives are in other words already available.
 

Overview of present legislation on detergent products, the EU Ecolabel flower criteria and the presented EU proposal.

The European Commission's proposal is now being processed by the authorities and will be sent out for consultation. The Swedish Chemicals Agency has been tasked by the government to conduct an impact assessment of the proposal, which will be presented on 22 June. There is also a consultation from the European Commission that is open until 20 July 2023 where anyone can give their opinion.  We here at SU Baltic Sea Centre continue to keep an eye on the proposal.

Text: Gun Rudquist