Internal A.I.S.E. Quartely Newsletter for members, April 2022

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International Association for Soaps,
Detergents and Maintenance Products

In this newsletter you will find:
🔵 Recommendations for improving EU access to biocidal products
🔵 Product Safety & Regulatory Affairs
🔵 Sustainability & End-user Engagement
🔵 Communications

A.I.S.E. & Biocides for Europe recommendations for improving EU access to biocidal products

A.I.S.E. & Biocides for Europe released their report on the implementation of the Biocidal Products Regulation and a series of recommendations to ensure that biocides continue to serve society’s needs in a safe and timely way. Biocides are a crucial tool that helps destroy or control harmful organisms such as viruses, bacteria, insects, rodents. They play an important role in our daily lives. Pest control and disinfection are essential in controlling vector-borne diseases and infections from transmissible diseases, while preservatives are used to preserve a diverse variety of products and materials commonly used in industries, institutions, and households.

Read full article on our website

ECHA guidance (Human Health)
ECHA published several new draft documents related to Dietary Risk Assessment on the ECHA ArtFood website, encouraging authorities and applicants to already make use of theses guidance’s till they are further finalised through an expected consultation later this year. Prior to this, ECHA is already collecting feedback on these draft documents. Companies can submit their own feedback, using the ECHA templates provided on the ECHA website. They have also published an update to the guidance document Volume III – Human Health - Information Requirements (Part A). The update aligns the guidance with the new information requirements of the BPR Annexes II and III (amended by Regulation (EU) 2021/525), which will enter into force on 15 April 2022 .

A.I.S.E. attends ‘Cleaning Products Europe 2022’ conference

A.I.S.E.’s Director for Sustainability, Sascha Nissen, opened the 'Cleaning Products Europe 2022' conference in Prague on 29 March. About 100 delegates from across the cleaning products value chain, came to Prague to join this conference.

He highlighted A.I.S.E.’s flagship sustainability initiative, the longstanding Charter for Sustainable Cleaning, which is our key initiative in this regard and supports the EuropeanCommission ’s objectives for a circular economy and climate change mitigation.

Product Safety & Regulatory Affairs 🔝

Chemicals Strategy for Sustainability

In Q4 2022 the European Commission will publish its Strategic Research and Innovation Plan for chemicals and materials, and connected to this also criteria for Safe and Sustainable by Design (SSbD) chemicals and materials to support the green industrial transition. These non-legislative initiatives are the topic for the next joint report of the High Level Roundtable on implementation of the CSS, which will meet in Brussels on 18 May 2022. A.I.S.E. has provided input to the draft recommendations to be included in this report, including on transparency/data sharing, funding opportunities and financial incentives and use of the latest scientific approaches. A.I.S.E. has also commented on the Commission’s draft framework document on the methodology for SSbD criteria, following a stakeholder workshop held on 22 March.

An updated version of SPERCs, additional SWEDs, and a new and improved REACH guidance

A.I.S.E. has published new Use Maps and REACH guidance (SPERCs, SWEDs, SUMIs). This important update has been the result of extensive work and demonstrates A.I.S.E.’s commitment to supply chain communication.

You can read full message on our website.

Use and Exposure – New Reporting obligations for Downstream Users

The European Commission is considering the expansion of downstream user reporting requirements under REACH. This would serve two purposes: 1) DUs would identify themselves to the authorities as users of a particular substance and 2) provide new (use pattern) data for a substances that can be used for authorisation and restrictions of specific substances. This could apply for all substances with a hazard classification.
To support a future regulatory framework and requirements that will be workable and not cause companies a lot of undue burden, DUCC has created a short questionnaire. The questionnaire is targeted at Downstream User companies (formulators and article manufacturers). We encourage companies to provide input so we can support authorities towards in the assessment of their proposed policy options.
Deadline for the survey – April 19th
For questions, contact DUCC Secretariat

Review of the Detergent Regulation

The open public consultation is underway for the review of the Detergent Regulation and A.I.S.E is preparing its contributions to Commission's questionnaire and a targeted questionnaire that is being run in parallel. Legislative proposals are expected in late November 2022. The A.I.S.E. National Associations are currently consulting with national authorities.

A.I.S.E. encourages members to provide input to the consultation within the deadline of the 25th May and share some considerations on key topics raised in the consultation:

1) Phosphorus in professional and industrial products

Earlier during the year A.I.S.E. compiled input from members in a survey on the critical uses of P-based compounds and the consequences of restriction. We are currently finalising our position which will focus on the following key messages: our sector will have a limited impact on environmental discharge as we are responsible for circa 1% of total P discharge into wastewater in Europe, therefore any restrictions need to be proportionate to this; we have has achieved a decrease in the use of phosphorus of 18% since 2014 without legislative restrictions; the professional cleaning sector is diverse and highly complex in nature with many applications, which would be difficult to consider and describe in their entirety in a restriction. A restriction may lead to important applications not being considered and the loss of crucial formulations and applications. A.I.S.E. assesses that the substitution of phosphorous with alternatives in the applications where it is currently used in the professional sector will have substantial economic, environmental and sustainability consequences. We therefore do not support a restriction or limit values to be applied to the sector, but rather proposes for voluntary schemes to further reduce the use of P.

2) Refill Sale: In January 2022 A.I.S.E. published its guidance on refill sale

3) Microbial Cleaning products
This is an emerging market in the EU which provide an alternative cleaning technology for current applications. A.I.S.E. is willing to engage to discuss legislative changes to the Detergent Regulation to clarify the status of microbial cleaning products. Appropriate safety assessment for these products should be based on user exposure (risk assessment) and not on hazard-based assessment alone. We wish to engage to propose a consumer friendly, language neutral, way to communicate on these ingredients to the consumer.

Classification, Labelling and Packaging Regulation (CLP)

The revision of the Classification, Labelling and Packaging Regulation (CLP) started in 2021 with the open public consultation taking place for 12 weeks, alongside of several ad hoc meetings of the Competent Authorities for REACH and CLP (CARACAL). The Commission expects a draft legislative proposal mid-2022 and plans on consulting CARACAL again at the end of the year.

The key areas of revision proposed are:

the creation of new hazard classes such as Endocrine disruptors (for human health and for the environment); Persistent - Bioaccumulative - Toxic Substances; very Persistent - very Bioaccumulative Substances; Persistent - Mobile - Toxic Substances; very Persistent - very Mobile; Immunotoxic; Neurotoxic

the inclusion of toxicological values PNEC / DNEL / DMEL in CLP
the improvement of the Classification and Labelling Inventory
the right for the Commission to initiate harmonised classification and labelling

In parallel to the intrinsic revision of CLP, the Commission is carrying a study on the simplification and digitalisation of labelling requirements of chemicals with the dedicated open public consultation and targeted survey closed early 2022. The Commission is exploring the option of digital options and is examining the discrepancies existing between legislations in terms of labelling.

Microplastics

The European Commission is still to present its proposal for a REACH restriction on intentionally-added microplastics to the Member States for discussion. It is expected to update the REACH Committee in April 2022 and to begin discussion in earnest in June. Meanwhile in February 2022 80 members of the European Parliament wrote to the Commission expressing their concern at the delay.

The Commission has launched a separate initiative to address unintentional releases of microplastic pollution, starting with a call for evidence from November 2021 to January 2022. A study by a consortium of consultants began by focusing on three sources including synthetic textiles, on which A.I.S.E. continues to collaborate through the Cross Industry Agreement. In February three new sources were added to the study, including soluble film used in laundry and dishwasher capsules. A.I.S.E. is engaging actively with the consultants to provide information on these films that will hopefully demonstrate no concern to justify regulatory measures. An open public consultation is also running until 15 May 2022.

Criteria for cleaning & disinfection products in organic production

As part of the new requirements under the Organic food regulation (EU) 2018/848, restrictive lists of authorised cleaning and disinfection products and substances should be published by 1 January 2024. The Commission’s intention (DG AGRI) is still to include a positive list of substances (and/or products) in the annexes, whereas A.I.S.E. is advocating a positive list of criteria instead of substances. A new group of experts (EGTOP) has been formed that met on 3 February - the Commission is planning the first meeting of the subgroup dedicated to C&D products in May or September 2022. Member States had the opportunity to comment the final EGTOP report by the 11th of February

A.I.S.E.’s position of January 2021 remains valid. Current actions in Member States / A.I.S.E. network include contact with OP processing associations by some NA (FR, DE, NL) and involvement in discussions with authorities to bring A.I.S.E.’s position (in FR, SW, DE where IHO is involved in the RuDI project.) A.I.S.E.’s WG is drafting a position that lists the criteria for cleaning and disinfection products authorised for organic food production; the first criterion covers for products authorized under the BPR, this would be a stand-alone criterion meaning that, if this condition is met, other criteria do not apply for disinfectants. Five other criteria would cover excluded substances; excluded human health hazard classifications; restricted human health hazard classifications; toxicity to aquatic organisms; additional excluded hazards to the environment. The WG will meet again on 7 April, and aims to finalise the position soon to submit it to the Commission.

Sustainability & End-User Engagement 🔝

Perforated sleeves

In order to support companies in their commitment to increase the uptake of recycled packaging material, A.I.S.E. has developed the sleeves icon, encouraging consumers to separate the packaging sleeve from the bottle to allow for recycling. Following the efforts of the industry, the European PET Bottle Platform (EPBP) has granted a one-year extension, until 31 January 2023, for their interim conditional endorsement for perforated full body sleeves for Household and Personal Care PET bottles. A.I.S.E. is working in close cooperation with the industry to support the recyclability of full-body sleeves and encourages companies from the industry as well as from other industry sectors to apply the solution on their full body sleeves.

More info about perforated sleeves

Review of the Packaging and Packaging Waste Directive (PPWD)

As part of the Impact Assessment of the PPWD Revision, A.I.S.E. provided input to a stakeholder consultation on recycled content, based on EUROPEN’s response and existing messages. Moreover, A.I.S.E. has co-signed a joint letter from Plastics Recyclers Europe on the right of first refusal, a policy option presented as part of the Impact Assessment. The European Commission plans to send the impact assessment report to the Scrutiny Board by 13 April, and the Commission’s proposal is now expected for 20 July 2022.

EU Commission communication on 'European Green Deal proposals to make sustainable products the norm in the EU'

On 30 March 2022, the European Commission presented a package of European Green Deal proposals to make sustainable products the norm in the EU. The proposal was one of the initiatives set out in the Circular Economy Action Plan and follows up on the European Green Deal. Please find the Commission press release here.

The package includes the proposal for a Regulation on Ecodesign requirements for sustainable products, repealing the current Ecodesign Directive. In particular, this aims at addressing the design of every product placed on the EU market in order to make such products more durable, reliable, reusable, upgradable, reparable, easier to maintain, refurbish and recycle, and energy and resource-efficient. This regulation will only apply to products not covered by current legislation or when legislation does not sufficiently address sustainability of these products. In this context, the Commission has identified detergents (together with other product categories, such as textiles, furniture, lubricants, and paints (non-exhaustive list)) as a product category with high environmental impact and potential for improvement. The proposed regulation sets a framework that will enable product-level rules to be laid down through delegated acts, product by product or for groups of products if appropriate (following the approach of the current Ecodesign Directive, which for instance includes self-regulation measures). Prior to the establishment of Working Plans aimed at identifying the sectors / products for which a legislative measure is advisable, the Commission will develop these rules also with the support of stakeholder consultations and impact assessments.

The proposal also introduces the concept of Digital Product Passports, e.g. aiming to ensure better tracking of substances of concern along the supply chain. As such, the proposal aims at introducing requirements not only for energy efficiency but also for circularity and reduction of the environmental impacts of products, following a life-cycle based approach (this will have to assessed by the expert groups in more detail).

Not relevant for our industry, but worth to be mentioned is that the proposal also includes an EU strategy for sustainable and circular textiles and a proposal for a revised construction products regulation.

A detailed assessment will be carried out by A.I.S.E. and the relevant groups in the coming weeks.

EU Commission Proposal Empowering Consumers Directive

Also on 30 March, the European Commission published its proposal for a Directive on empowering consumers for the green transition through better protection against unfair practices, and better information. The proposal was one of the initiatives set out in the New Consumer Agenda and the Circular Economy Action Plan and follows up on the European Green Deal. Please find the press release on the publication here.

The proposal aims to empower consumers to make informed and environmental-friendly choices when buying products and to strengthen consumer protection against untrustworthy or false environmental claims. As such, the Commission proposes to amend the Consumer Rights Directive as well as the Unfair Commercial Practices Directive (UCPD). For us, only the latter is of relevance.

Proposed amendments to the UCPD, relevant to our industry, include to:

Expand the list of product characteristics about which a trader cannot mislead consumers to cover the environmental and social impact.
Ban making vague (generic) claims where environmental excellence cannot be demonstrated or when the specification of the claim is not provided in clear and prominent terms on the same medium. Examples of generic claims are listed as ‘environmentally friendly', ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements as well as broader statements such as ‘conscious’ or ‘responsible’.
Ban making environmental claims about the entire product when they only concern parts of the product.
Ban making environmental claims related to future environmental performance without clear, objective and verifiable commitments and an independent monitoring system. Ban of presenting requirements imposed by law on all products within the relevant product category on the Union market, including imported products, as a distinctive feature of the trader’s offer. Ban of advertising benefits for consumers that are common practice in the relevant market.

The new rules will ban displaying sustainability labels which are not based on an independent third-party verification system (certification scheme), or established by public authorities.

In case products are compared based on their environmental or social aspects via the use of a sustainability information tool, the proposal requires that information is provided about the method of the comparison, the products which are the object of comparison and the suppliers of those products, as well as the measures in place to keep that information up to date. Moreover, the proposal would add several new definitions such as the definition of an environmental claim .

The Directive would require the Commission to submit a report to the application of this Directive to the European Parliament and the Council by 5 years from the adoption. The Directive would envisage an 18-month transposition period for Member States and the provision would apply only 24 months after the adoption. The Directive would enter into force on the twentieth day following its publication in the EU Official Journal.

The Commission's proposals will now be discussed by the Council and the European Parliament, following the ordinary legislative procedure under the Lisbon Treaty.

A detailed assessment will be carried out by A.I.S.E. and the relevant groups in the coming weeks. As previously agreed, we will closely liaise with other partner trade organisations on this topic.

Communications 🔝

A.I.S.E at Interclean Amsterdam

A.I.S.E. will have a strong presence at Interclean in Amsterdam this by taking up three speaking opportunities on 12 May 2022. Interclean is the largest trade fair for the professional cleaning sector and has not taken place physically since 2018. This year’s packed 4 day programme can be read here. Sascha Nissen, Director of Sustainability, will have 30-minute presentation at the Interclean Stage about how this industry is meeting the Green Deal objectives on a Circular Economy via voluntary industry action, and will also participate in a panel of 4 speakers on the Interclean Talkshow. Susanne Zänker will take up the 30-minute slot at the Healthcare Cleaning Lab on the professional cleaning sector, about the importance of cleaning and disinfection and the specificities of the PC&H sector.

Transition Pathway for Chemicals

Commission held, a kick-off meeting on the 16th February 2022 and then two meetings on the 15th and 16th March to discuss the ‘transition pathways for chemicals’.

Commission has identified different pillars to work towards a transition pathway for the chemical industry, considering the objectives of a green and digital transition. There was ample discussion, especially on energy needs of the industry and also the importance of re-training and actions to encourage young people to study STEM subjects during the meetings. A.I.S.E. provided input through DUCC.

As a next step, Commission will organise a full day meeting to discuss their strategy on the 25th April.