HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 94/16
EN
Official Journal of the European Union
30.3.2012
REGULATION (EU) No 259/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 March 2012
amending Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorus
compounds in consumer laundry detergents and consumer automatic dishwasher detergents
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
detergents, such substances should, under their normal
EUROPEAN UNION,
conditions of use, present no risk, or a lower risk, to
humans and/or the environment. The REACH ( 4 ) system
should therefore, where appropriate, be used to evaluate
Having regard to the Treaty on the Functioning of the European
such substances.
Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
(3) The
interaction
between
phosphates
and
other
phos
phorus compounds requires a careful choice of the
scope and level of the limitation on the use of phos
After transmission of the draft legislative act to the national
phates in consumer laundry detergents and consumer
parliaments,
automatic dishwasher detergents. The limitation should
apply not only to phosphates, but also to all phosphorus
compounds in order to preclude a mere substitution of
Having regard to the opinion of the European Economic and
other phosphorus compounds for phosphates. The limit
Social Committee (
on phosphorus content should be low enough to effec

1 ),
tively prevent the marketing of phosphate-based
consumer laundry detergent formulations, while being
high enough to allow the minimum quantity of phos
Acting in accordance with the ordinary legislative procedure ( 2 ),
phonates required for alternative formulations.
Whereas:
(4) It
is
currently
not
appropriate
to
extend
limitations
on
the use of phosphates and other phosphorus compounds
(1)
In its Report of 4 May 2007 to the Council and the
in consumer laundry detergents and consumer automatic
European Parliament, the Commission evaluated,
dishwasher detergents to industrial and institutional
pursuant to Regulation (EC) No 648/2004 of the
detergents at the level of the Union because suitable
European Parliament and of the Council ( 3 ), the use of
technically and economically feasible alternatives to the
phosphates in detergents. Following further analysis, it
use of phosphates in those detergents are not yet
has been concluded that the use of phosphates in
available. As concerns consumer automatic dishwasher
consumer laundry detergents and consumer automatic
detergents, alternatives are likely to be more widely
dishwasher detergents should be limited in order to
available in the near future. It is therefore appropriate
reduce the contribution of phosphates from detergents
to provide a restriction on the use of phosphates in
to eutrophication risks and to reduce the cost of phos
those detergents. Such a restriction should apply from
phates removal in waste water treatment plants. Those
a future date by which time alternatives to phosphates
cost savings outweigh the cost of reformulating
are expected to be widely available, in order to stimulate
consumer laundry detergents with alternatives to phos
the developments of new products. It is also appropriate
phates.
to specify a maximum permissible phosphorus content,
based on evidence including existing national restrictions
for phosphorus in consumer automatic dishwasher deter
(2) Efficient
alternatives
to
phosphate-based
consumer
gents. However, it is also necessary to provide that the
laundry detergents require small amounts of other phos
Commission should, before that restriction becomes
phorus compounds, namely phosphonates which, if used
applicable throughout the Union, carry out a thorough
in increasing quantities, might be of concern for the
assessment of the limit value based on the most recent
environment. While it is important to encourage the
available data and, if justified, present a legislative
use of alternative substances with a more favourable
proposal. That assessment should cover the impact on
environmental profile than phosphates and other phos
the environment, industry and consumers of consumer
phorus compounds in the manufacture of consumer
automatic dishwasher detergents with phosphorus levels
laundry detergents and consumer automatic dishwasher
above and below the limit value set out in Annex VIa
( 1 ) OJ C 132, 3.5.2011, p. 71.
( 4 ) Regulation (EC) No 1907/2006 of the European Parliament and of
( 2 ) Position of the European Parliament of 14 December 2011 (not yet
the Council of 18 December 2006 concerning the Registration,
published in the Official Journal) and decision of the Council of
Evaluation, Authorisation and Restriction of Chemicals (REACH),
10 February 2012.
establishing a European Chemicals Agency (OJ L 396, 30.12.2006,
( 3 ) OJ L 104, 8.4.2004, p. 1.
p. 1).

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EN
30.3.2012 Official
Journal
of
the
European
Union L
94/17
and alternatives, taking into account matters including
(11) Since
the
objectives
of
this
Regulation,
namely
to
reduce
their cost, availability, cleaning efficiency and impact on
the contribution of phosphates from consumer
waste water treatment.
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
(5)
One of the aims of this Regulation is to protect the
market in consumer laundry detergents and consumer
environment by reducing eutrophication caused by phos
automatic dishwasher detergents, cannot be sufficiently
phorus in detergents used by consumers. It would
achieved by Member States because national measures
therefore not be appropriate to force Member States
with different technical specifications cannot ensure a
that already have restrictions concerning phosphorus in
comprehensive improvement in the quality of water
consumer automatic dishwasher detergents to adapt
crossing national borders, and can therefore be better
those restrictions before the Union restriction becomes
achieved at the level of the Union, the Union may
applicable. Furthermore, it is desirable that Member
adopt measures, in accordance with the principle of
States be permitted to phase in the restrictions set out
subsidiarity as set out in Article 5 of the Treaty on
in this Regulation as early as possible.
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
(6) A
definition
of
‘cleaning’
should
be
included
in
Regu
those objectives.
lation (EC) No 648/2004 instead of a reference to the
relevant ISO standard to facilitate readability, and defi
nitions of ‘consumer laundry detergent’ and ‘consumer
automatic dishwasher detergent’ should also be
(12) Regulation (EC) No 648/2004 should therefore be
included. Furthermore, it is appropriate to clarify the
amended accordingly,
definition of ‘placing on the market’ and to include a
definition of ‘making available on the market’.
HAVE ADOPTED THIS REGULATION:
(7) In
order
to
provide
accurate
information
within
the
shortest possible timescale, it is appropriate to
modernise the way in which the Commission publishes
Article 1
the lists of competent authorities and approved labora
Regulation (EC) No 648/2004 is hereby amended as follows:
tories.
(8) In
order
to
adapt
Regulation
(EC)
No
648/2004
to (1) in
Article
1(2),
the
third
and
fourth
indents
are
replaced
by
scientific and technical progress, to introduce provisions
the following, and a fifth indent is added:
on solvent-based detergents and in order to introduce
appropriate individual risk-based concentration limits
for fragrance allergens, the power to adopt acts in
accordance with Article 290 of the Treaty on the Func
‘— the additional labelling of detergents, including
tioning of the European Union should be delegated to
fragrance allergens,
the Commission in respect of amendments to the
Annexes to that Regulation that are necessary to meet
those objectives. It is of particular importance that the
— the information that manufacturers must hold at the
Commission carry out appropriate consultations during
disposal of the Member States’ competent authorities
its preparatory work, including at expert level. The
and medical personnel,
Commission, when preparing and drawing-up delegated
acts, should ensure a simultaneous, timely and appro
priate transmission of relevant documents to the
European Parliament and to the Council.
— limitations on the content of phosphates and other
phosphorus compounds in consumer laundry
detergents and consumer automatic dishwasher deter
(9) Member
States
should
lay
down
rules
on
penalties
gents.’,
applicable to infringements of Regulation (EC) No
648/2004 and ensure that they are implemented.
Those penalties should be effective, proportionate and
dissuasive.
(2) Article 2 is amended as follows:
(10) It
is
appropriate
to
provide
for
deferred
application
of
the
(a) the following points are inserted:
restrictions established in this Regulation so as to allow
operators, in particular small and medium–sized enter
prises, to reformulate their phosphate–based consumer
laundry detergents and consumer automatic dishwasher
‘1a. “Consumer laundry detergent” means a detergent
detergents using alternatives during their usual reformu
for laundry placed on the market for use by non-
lation cycle in order to minimise the costs thereof.
professionals, including in public laundrettes.

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L 94/18
EN
Official Journal of the European Union
30.3.2012
1b. “Consumer automatic dishwasher detergent”
2. The
Commission
shall
be
empowered
to
adopt
means a detergent placed on the market for use
delegated acts in accordance with Article 13a in order to
in automatic dishwashers by non-professionals.’;
introduce amendments to the Annexes of this Regulation
regarding solvent-based detergents.
(b) point 3 is replaced by the following:
3. Where
individual
risk-based
concentration
limits
for
‘3. “Cleaning” means the process by which an unde
the fragrance allergens are established by the Scientific
sirable deposit is dislodged from a substrate or
Committee on Consumer Safety, the Commission shall
from within a substrate and brought into a state
adopt delegated acts in accordance with Article 13a in
of solution or dispersion.’;
order to adapt the limit of 0,01 % set out in section A
of Annex VII accordingly.
(c) point 9 is replaced by the following:
Article 13a
‘9. “Placing on the market” means the first making
Exercise of the delegation
available on the Union market. Import into the
Union customs territory shall be deemed to be
1. The
power
to
adopt
delegated
acts
is
conferred
on
placing on the market.
the Commission subject to the conditions laid down in
this Article.
9a. “Making available on the market” means any
supply for distribution, consumption or use on
2. The power to adopt delegated acts referred to in
the Union market in the course of a commercial
Article 13 shall be conferred on the Commission for a
activity, whether in return for payment or free of
period of 5 years from 19 April 2012. By 19 July
charge.’;
2016, the Commission shall draw up a report in respect
of the delegation of power. The delegation of power shall
(3) the following Article is inserted:
be tacitly extended for further periods of 5 years, unless
the European Parliament or the Council opposes such
extension not later than 3 months before the end of
‘Article 4a
each such period.
Limitations on the content of phosphates and of other
phosphorus compounds
3. The
delegation
of
power
referred
to
in
Article
13
Detergents listed in Annex VIa that do not comply with
may be revoked at any time by the European Parliament
the limitations on the content of phosphates and of other
or by the Council. A decision of revocation shall put an
phosphorus compounds laid down in that Annex shall not
end to the delegation of the power specified in that
be placed on the market from the dates set out therein.’;
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
(4) in Article 8, paragraph 4 is replaced by the following:
shall not affect the validity of any delegated acts already
in force.
‘4. The
Commission
shall
make
publicly
available
the
lists of competent authorities, mentioned in paragraph 1,
and of approved laboratories, mentioned in paragraph 2.’;
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall notify it simultaneously to the European Parliament
and to the Council.
(5) in Article 11, paragraph 4 is replaced by the following:
‘4. Additionally,
the
packaging
of
consumer
laundry
5. A delegated act adopted pursuant to Article 13 shall
detergents and consumer automatic dishwasher detergents
enter into force only if no objection has been expressed
shall bear the information provided for in section B of
either by the European Parliament or the Council within a
Annex VII.’;
period of 2 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
(6) in
Article
12,
paragraph
3
is
deleted;
Council have both informed the Commission that they
will not object. That period shall be extended by 2
(7) Articles 13 and 14 are replaced by the following:
months at the initiative of the European Parliament or
the Council.
‘Article 13
Article 14
Adaptation of Annexes
Free movement clause
1. The
Commission
shall
be
empowered
to
adopt
delegated acts in accordance with Article 13a in order to
1. Member
States
shall
not
prohibit,
restrict
or
impede
introduce amendments necessary for adapting Annexes I
the making available on the market of detergents, and/or
to IV, VII and VIII to scientific and technical progress. The
of surfactants for detergents, which comply with the
Commission shall, wherever possible, use European stan
requirements of this Regulation, on grounds that are
dards.
dealt with in this Regulation.

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EN
30.3.2012 Official
Journal
of
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European
Union L
94/19
2. Member
States
may
maintain
or
lay
down
national
‘Article 16
rules concerning restrictions on the content of phosphates
and of other phosphorus compounds in detergents for
Report
which no restrictions on the content are set out in
1. By
31
December
2014,
the
Commission
shall,
taking
Annex VIa where justified, in particular, on grounds
into account information from Member States on the
such as the protection of public health or the environment
content of phosphorus in consumer automatic dishwasher
and where technically and economically feasible alter
detergents placed on the market in their territories and in
natives are available.
the light of any existing or new scientific information
available to it regarding substances employed in phos
phates-containing and alternative formulations, evaluate
3. Member
States
may
maintain
national
rules
that
were
by way of a thorough assessment whether the restriction
in force on 19 March 2012 concerning restrictions on the
set out in point 2 of Annex VIa should be modified. That
content of phosphates and of other phosphorus
assessment shall include an analysis of the impact on the
compounds in detergents for which restrictions set out
environment, industry and consumers of consumer
in Annex VIa have not yet become applicable. Such
automatic dishwasher detergents with phosphorus levels
existing national measures shall be reported to the
above and below the limit value set out in Annex VIa,
Commission by 30 September 2012 and may remain in
taking into account matters including cost, availability,
force until the date when the restrictions set out in Annex
cleaning efficiency and the impact on waste water
VIa apply.
treatment. The Commission shall submit that thorough
assessment to the European Parliament and to the Council.
4. From 19 March 2012 until 31 December 2016
Member States may adopt national rules that implement
2. In addition, if the Commission, on the basis of the
the restriction on the content of phosphates and of other
thorough assessment referred to in paragraph 1, considers
phosphorus compounds laid down in the point 2 of
that the restriction of phosphates and other phosphorus
Annex VIa, where justified, in particular, on grounds
compounds used in consumer automatic dishwasher
such as the protection of public health or the environment
detergents requires revision, it shall, by 1 July 2015,
and where technically and economically feasible alter
present an appropriate legislative proposal. Any such
natives are available. Member States shall notify such
proposal must be aimed at minimising the negative
measures to the Commission in accordance with
impact from all consumer automatic dishwasher
Directive 98/34/EC of the European Parliament and of
detergent products on the wider environment, whilst
the Council of 22 June 1998 laying down a procedure
considering any economic costs as identified in that
for the provision of information in the field of technical
thorough assessment. Unless the European Parliament
standards and regulations and of rules on Information
and the Council, on the basis of such a proposal, decide
Society services (*).
otherwise by 31 December 2016, the limit value set out in
point 2 of Annex VIa shall become the limitation for
phosphorus content in consumer automatic dishwasher
5. The
Commission
shall
make
publicly
available
the
detergents from the date set out in that point.’;
list of national measures referred to in paragraphs 3 and 4.
(10) Article 18 is replaced by the following:
___________
(*) OJ L 204, 21.7.1998, p. 37.’;
‘Article 18
Penalties
(8) in Article 15, paragraph 1 is replaced by the following:
Member States shall lay down the rules on penalties
applicable to infringements of this Regulation and shall
take all measures necessary to ensure that they are imple
‘1. Where a Member State has justifiable grounds for
mented. This may also include appropriate measures
believing that a specific detergent, although complying
allowing the competent authorities of the Member States
with the requirements of this Regulation, constitutes a
to prevent the making available on the market of
risk to the safety or health of humans or of animals or
detergents or surfactants for detergents that fail to
a risk to the environment, it may take all appropriate
comply with this Regulation. The penalties provided for
provisional measures, commensurate with the nature of
must be effective, proportionate and dissuasive. Member
the risk, in order to ensure that the detergent concerned
States shall notify those provisions and any subsequent
no longer presents that risk, is withdrawn from the market
amendment affecting those provisions to the Commission
or recalled within a reasonable period or its availability is
without delay.
otherwise restricted.
Those rules shall include measures allowing the competent
The Member State shall immediately inform the other
authorities of Member States to detain consignments of
Member States and the Commission thereof, giving the
detergents that fail to comply with this Regulation.’;
reasons for its decision.’;
(11) the text set out in the Annex to this Regulation is inserted
(9) Article
16
is
replaced
by
the
following:
as Annex VIa to Regulation (EC) No 648/2004;

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L 94/20
EN
Official Journal of the European Union
30.3.2012
(12) Annex VII shall be amended as follows:
— the capacity of any measuring cup, if provided,
shall be indicated in millilitres or grams, and
(a) in section A, the following text is deleted:
markings shall be provided to indicate the dose
of detergent appropriate for a standard washing
machine load for soft, medium and hard water
‘If individual risk-based concentration limits for the
hardness levels,
fragrance allergens are subsequently established by
the SCCNFP, the Commission shall propose the
adoption of such limits to replace the limit of
The standard washing machine loads are 4,5 kg dry
0,01 % mentioned above. Those measures, designed
fabric for heavy-duty detergents and 2,5 kg dry fabric
to amend non-essential elements of this Regulation,
for light-duty detergents, in line with the definitions of
shall be adopted in accordance with the regulatory
Commission Decision 1999/476/EC of 10 June 1999
procedure with scrutiny referred to in Article 12(3).’,
establishing the Ecological Criteria for the award of the
Community Eco-label to Laundry Detergents (*). A
detergent shall be considered to be a heavy-duty
(b) section B is replaced by the following:
detergent unless the claims of the manufacturer
predominantly promotes fabric care, i.e. low
‘B. Labelling of dosage information
temperature wash, delicate fibres and colours.
As prescribed in Article 11(4), the following provisions
on labelling shall apply to the packaging of detergents
Consumer automatic dishwasher detergents
sold to the general public.
The packaging of detergents sold to the general public
intended to be used as automatic dishwasher
Consumer laundry detergents
detergents shall bear the following information:
The packaging of detergents sold to the general public
— the standard dosage expressed in grams or ml or
intended to be used as laundry detergents shall bear
number of tablets for the main washing cycle for
the following information:
normally soiled tableware in a fully loaded 12
place settings dishwasher, making provisions,
— the recommended quantities and/or dosage
where relevant, for soft, medium, and hard water
instructions expressed in millilitres or grams appro
hardness,
priate to a standard washing machine load, for soft,
medium and hard water hardness levels and
___________
making provision for one or two cycle washing
processes,
(*) OJ L 187, 20.7.1999, p. 52. Decision as amended
by Decision 2011/264/EU (OJ L 111, 30.4.2011,
p. 34).’.
— for heavy-duty detergents, the number of standard
washing machine loads of “normally soiled” fabrics,
and, for detergents for delicate fabrics, the number
Article 2
of standard washing machine loads of “lightly
soiled” fabrics, that can be washed with the
This Regulation shall enter into force on the twentieth day
contents of the package using water of medium
following that of its publication in the Official Journal of the
hardness, corresponding to 2,5 millimoles CaCO 3 /l,
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 14 March 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN

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EN
30.3.2012 Official
Journal
of
the
European
Union L
94/21
ANNEX
‘ANNEX VIa
LIMITATIONS ON THE CONTENT OF PHOSPHATES AND OF OTHER PHOSPHORUS COMPOUNDS
Detergent Limitations
Date as of which the
limitation applies
1. Consumer laundry detergents Shall
not
be
placed
on
the
market
if
the
total
content
of 30 June 2013
phosphorus is equal to or greater than 0,5 grams in the
recommended quantity of the detergent to be used in the
main cycle of the washing process for a standard washing
machine load as defined in section B of Annex VII for
water of hard water hardness
— for “normally soiled” fabrics in the case of heavy-duty
detergents,
— for “lightly soiled” fabrics in the case of detergents for
delicate fabrics,
2. Consumer automatic dishwasher Shall not be placed on the market if the total content of
1 January 2017’
detergents
phosphorus is equal to or greater than 0,3 grams in the
standard dosage as defined in section B of Annex VII

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