CHARTER 2010: ADVANCED SUSTAINABILITY PROFILES FOR SOLID AND LIQUID

LAUNDRY DETERGENT AND FABRIC CONDITIONERS - 18 DEC. 2009-

Introduction This document sets out the proposed Advanced Sustainability Profiles (ASP) requirements for laundry products (laundry powders, laundry liquids and fabric conditioners) as at 18 Dec 2009. Based on Life Cycle Analysis and as detailed in the substantiation dossiers, it is proposed that the ASP for these products would cover 3 parameters:

Companies wanting to apply the Charter 2010 requirements to their products must comply with the following key areas detailed in this document:

a) check the product’s profile against the category key LCA Parameters and verify that it equals or exceeds the stated Advanced Sustainability Profile;

b) check the product’s ingredients against the Environmental Safety Check and verify that all the ingredients in the product formulation give environmental concentrations at or below the predicted ‘no effect’ level for aquatic toxicity (see details on principles of the ESC scheme in Annex 1);

c) ensure the product label provides relevant end-user sustainability information as prescribed for each category by Charter 2010 (as detailed in Annex 2)

Timing:

• From 18 Dec. 2009 till 27 Jan 2010: Internal and external consultations on ASPs for laundry detergent powders and liquids and fabric conditioners

• By 29 March 2010: Finalisation of ASP packages (tbc) • By 30 March 2010: Availability of ASPs to the industry (tbc)

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• From 1 July 2010 at the earliest (date tbc according to outcome of consultation with companies): Possible activation period for use of available ASPs by companies.

Proposed ASP criteria

a. Criteria for Laundry Powders (including tablets) The following requirements in each of these domains (i.e. product formulation, packaging and end-use information) should be fulfilled in order to reach Advanced Sustainability Profiles (ASP) status, by complying with one package per domain. Product formulation

Pass Environmental safety Check (ESC) (see Annex 1)

AND

Dosage g/job: ≤ 85g

AND

Dosage ml/job: ≤ 135ml

Packaging weight per job Total (primary + secondary but excluding tertiary) packaging g/job - based on average of brand, country and format within each class of product and volume weighted: ≤ 7.0g

Packaging re-cycled content

Board: ≥ 60%

End-user info on-pack (see Annex 2): Washright panel AND

End User Information

Ability to wash at ≤ 30° C indicated on pack Performance Evidence has to be provided that the product has been

performance tested and reached a level acceptable to consumers consistent with claims made.

Clarifications/Definitions: Job: following the Detergent Regulation EC 648/2004 the “standard washing machine loads are 4,5 kg dry fabric for heavy-duty detergents and 2,5 kg dry fabric for low-duty detergents”. Ingredients per job/ heavy-duty detergents: based on medium water hardness and normally soiled fabric Ingredients per job/ low-duty detergents: based on medium water hardness and lightly soiled fabric Packaging weight per job: Total (primary + secondary) packaging (g/job) - based on average of brand, country and format within each class of product and volume weighted Primary/secondary/tertiary packaging: following definitions from the European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste:

- primary packaging, i. e. packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;

- secondary packaging, i. e. packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics;

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- tertiary packaging, i. e. packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage.

Note: Packaging which functions both as secondary (case) and tertiary (transportation unit) packaging, intended to function as an in-store free-standing floor display unit, is regarded as tertiary packaging for the purpose of this definition. This exemption does not apply to shelf-ready cases intended to be placed on store shelves.

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b. Criteria for Laundry Liquids (including Liquitabs) The following requirements in each of these domains (i.e. product formulation, packaging and end-use information) should be fulfilled in order to reach Advanced Sustainability Profiles (ASP) status, by complying with one package per domain. Product formulation

Pass Environmental safety Check (ESC) (see Annex 1)

AND

Dosage ml/job: ≤ 75ml

Packaging weight per job Total (primary + secondary but excluding tertiary) packaging g/job - based on average of brand, country and format within each class of product and volume weighted: ≤ 7.0g

Packaging re-cycled content

Secondary packaging: Board: ≥ 60%

End User Information End-user info on-pack: Washright panel or alternative (see Annex 2) AND Ability to wash at ≤ 30° C indicated on pack

Performance Evidence has to be provided that the product has been performance tested and reached a level acceptable to consumers consistent with claims made.

Clarifications/Definitions: Job: following the Detergent Regulation EC 648/2004 the “standard washing machine loads are 4,5 kg dry fabric for heavy-duty detergents and 2,5 kg dry fabric for low-duty detergents”. Ingredients per job/ heavy-duty detergents: based on medium water hardness and normally soiled fabric Ingredients per job/ low-duty detergents: based on medium water hardness and lightly soiled fabric Packaging weight per job: Total (primary + secondary) packaging (g/job) - based on average of brand, country and format within each class of product and volume weighted Primary/secondary/tertiary packaging: following definitions from the European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste:

- primary packaging, i. e. packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;

- secondary packaging, i. e. packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics;

- tertiary packaging, i. e. packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage.

Note: Packaging which functions both as secondary (case) and tertiary (transportation unit) packaging, intended to function as an in-store free-standing floor display unit, is regarded as tertiary packaging for the purpose of this definition. This exemption does not apply to shelf-ready cases intended to be placed on store shelves.

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c. Criteria for Fabric Conditioners The following requirements in each of these domains (i.e. product formulation, packaging and end-use information) should be fulfilled in order to reach Advanced Sustainability Profiles (ASP) status, by complying with one package per domain. Product formulation

Pass Environmental safety Check (ESC) (see Annex 1) AND Dosage ml/job: ≤ 35ml

Packaging weight per job Total (primary + secondary but excluding tertiary) packaging g/job - based on average of brand, country and format within each class of product and volume weighted: ≤ 4g

Packaging re-cycled content

Secondary packaging: Board: ≥ 60%

End User Information End-user info on-pack: Washright panel or alternative (see Annex 2)

Performance Evidence has to be provided that the product has been performance tested and reached a level acceptable to consumers consistent with claims made.

Clarifications/Definitions: Total dosage/job: For fabric conditioners the total recommended dosage in ml for a normal load in a 4-5 kg washing machine should be considered. Packaging weight per job: Total (primary + secondary) packaging (g/job) - based on average of brand, country and format within each class of product and volume weighted Primary/secondary/tertiary packaging: following definitions from the European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste:

- primary packaging, i. e. packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;

- secondary packaging, i. e. packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics;

- tertiary packaging, i. e. packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage.

Note: Packaging which functions both as secondary (case) and tertiary (transportation unit) packaging, intended to function as an in-store free-standing floor display unit, is regarded as tertiary packaging for the purpose of this definition. This exemption does not apply to shelf-ready cases intended to be placed on store shelves.

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ANNEX 1: ENVIRONMENTAL SAFETY CHECK

The Environmental Safety Check (ESC) is to be a key part of the ASPs for laundry detergents and fabric conditioners, and products will need to pass this check in order to qualify for the Charter ASP Logo. N.B.: Please note that a tool to allow companies to benchmark their formulations re. environmental safety is currently being developed by A.I.S.E.. Basic principle A product will pass the ESC test if -

all the ingredients in the product formulation are shown to give environmental concentrations at or below the predicted no-effect level for aquatic toxicity.

How has the ESC evolved? From the outset, in thinking about the Product Dimension it was accepted that an environmental element would be essential. Stakeholders, including the EU Commission, have always said that any product-level concept of advanced sustainability must include chemical environmental safety. Within A.I.S.E. it was felt that we should not use the existing Ecolabel system because this system is hazard- rather than risk-based. It relies on a combination of substance bans, and Critical Dilution Volume (CDV) calculations which do not compare predicted environmental concentrations to no-effect levels. CDV assumes all substances are hazardous, and sets arbitrary hazard-based limits which incorrectly assume the toxic effects of all ingredients in the formulation are additive. Furthermore, under REACH, all substances will eventually be fully risk-assessed and given specified approved uses according to predicted no-effect concentrations for each water, air, and sediment etc. Ultimately, these REACH risk-assessments will be the cornerstone for demonstrating safety of an ingredient in terms of total quantities used in particular uses. A.I.S.E. had had the foresight and commitment to create the HERA programme in preparation for REACH, and it was felt this work should be the foundation of the ESC. However it was recognised that many ingredients used by A.I.S.E. members are not covered by full HERA risk assessments. HERA covers 56 mostly high volume substances used in the laundry category, whereas the DID list which is used for the Ecolabel and which A.I.S.E. originally helped compile comprises 204 substances. The NVZ list which represents a more complete inventory of ingredients used lists some 800+ substances. The product dimension of Charter 2010 requires that environmental safety be demonstrated at the level of individual products. Hence a tool was needed which assesses individual formulations. The decision was initially to cover at least all the ingredients named on the DID-list, and to establish a framework for any other substances used by companies to be checked as necessary. For the last 12 months an expert task force (ESC TF) of the Sustainability Steering Group has been working on building the ESC tool.

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How will the ESC operate? The ESC check combines using HERA as clearance for HERA-assessed ingredients with a conservative screening system for other, non-HERA, ingredients. This screening system is designed to reasonably project what a full HERA risk assessment for aquatic toxicity would be likely to indicate if it were carried out. It uses the same risk-based approach as HERA but in place of detailed analysis it uses more simplified assumptions. The outcome is that the level and dosage at which a non-HERA ingredient is used in a specific formulation can be checked to ensure environmental concentrations would not exceed the predicted no-effect concentration if all products in the category used the ingredient at that level. Tiered approach The ESC will adopt a tiered approach, like HERA, for the non-HERA ingredients. If, using readily available published data and conservative assumptions, the environmental concentrations projected to arise from maximum known use levels in a product type are well below the predicted no-effect concentration (PNEC) benchmark, those data will be used as the key values in the ESC database. But if the projected concentration is close to or above the PNEC, there will be an iterative process managed by the ESC TF of progressive refinement of the assumptions until either clear boundaries for AISE use are defined or a need for a full risk assessment is indicated. Guidelines will also be provided so that companies can manage this process themselves for proprietary ingredients. How is the ESC check performed and what data are needed? For each formulation a company wishes to check, it can enter the product dosage and the percentage composition of each ingredient into the ESC spreadsheet tool. The composition data remain confidential to the company at all times, and are not seen by A.I.S.E. or other companies. The product is considered to pass the ESC check when a clear result is achieved for each individual ingredient in the formulation. HERA-assessed and approved ingredients will automatically be given a clear result by the tool. For non-HERA ingredients, the PESR value (Projected Environmental Safety Ratio) calculated by the tool for the formulation must be <1 to pass the check. To perform these calculations for non-HERA ingredients, the ESC spreadsheet tool provides the following key data for each:

1. A PNEC value (Predicted No-effect Concentration) derived following HERA and EU Technical Guidance Document (TGD) principles

2. A Removal Rate value derived following HERA/TGD principles representing the expected rate of removal of the substance from waste water during sewage treatment, expressed as a percentage

3. An estimate of the tonnage of the ingredient that reaches the aquatic environment from uses other than in the product category to which the product being checked belongs

For ingredients on the DID-list, or others notified by companies to the ESC TF, these data will be pre-entered by A.I.S.E. into the tool. It is the intention as far as possible, before the ESC tool is launched for use, that each ingredient notified as used in the relevant categories should have clear boundaries for A.I.S.E. use. This will include providing some properly justified exemptions e.g. for non-hazardous ingredients and those naturally widespread in the aquatic environment.

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For proprietary ingredients, or others being evaluated in confidence, there will be a mechanism to allow companies to enter their own key data into the spreadsheet, subject to independent verification (see below). So that the ESC calculation is the same for all companies, independent of the market share of their products, projected environmental concentrations must be based on a normalised market share. The ESC conservatively calculates environmental concentrations by assuming that, for each ingredient entered by the company in the tool, all products in the relevant category (i.e. 100% of the market) use the same % content in their formulation. A low % content results in a low predicted environmental concentration, while a high % content results in a high predicted environmental concentration. A very high % content may result in a PESR >1. How will key data for non-HERA ingredients be refined where necessary? As noted above, a tiered approach is used to progressively refine key data, from conservative ‘fail-safe’ initial estimates to more accurate and realistic values, according to need. Any of the three key factors below can be refined in any order:

1. Tonnage Assessments of safety for the aquatic environment need to take into account concentrations of the ingredient arising from all sources. In line with HERA methodology, an initial conservative assumption that total EU consumption tonnage goes to drain is assessed. If that gives a clear result with maximum known use levels in the relevant product category, no further refinement is needed. If that is not the case, the tonnage can be refined by:

• systematically discounting that proportion which is unlikely to have ‘wide dispersive use’ and go to drain, and/or

• discounting the quantity normally used in the category which the candidate formulation is hypothetically replacing.

In cases where total tonnage estimates cannot be easily refined to give a clear window for A.I.S.E. use, and where usage in A.I.S.E. products is a very small proportion (<x%) of total use and gives a ‘clear’ result (PESR < 0.1?) by a substantial margin, an exemption from considering total tonnage can be made. This parallels the situation in HERA where sometimes the tonnage considered is restricted to that used in household detergents. However, since HERA compensates in other ways for use in other industries (via a ‘regional’ calculation) this exemption should be applied in ESC only when really necessary.

2. PNEC The PNEC can be refined according to established HERA/TGD principles. Where data sets for additional kinds of organisms (i.e. algae, daphnia, fish) can be identified and taken into account, or where acute toxicity data can be replaced by chronic data, the prescribed uncertainty factors which must be built into the PNEC value reduce markedly, sometimes by orders of magnitude. In some situations, obtaining additional data sets may show toxicity values used to derive PNECs to be too conservative, and thus improve the PNEC.

3. Removal rates Removal rates derived following HERA / TGD principles can be refined e.g. by using data from suitable removal studies or from field monitoring studies.

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Where refinement of the three key data values above still does not produce a clear window for A.I.S.E. use, which should be in only a very small number of cases, a window may still be reached by reducing the normalised market share for the ingredient from 100% to a lower value which more accurately reflects the actual extent of usage of the ingredient. Such an approach parallels the approach used by HERA which obtains realistic estimates of tonnages used via a survey of member companies. Where such reductions in the projected market share are made, A.I.S.E. should periodically re-survey tonnage used to ensure use remains within safe limits and/or commission a full HERA risk assessment. What known issues and areas of difficulty are there?

1. Perfumes Since perfumes are themselves complex mixtures of many individual substances, sometimes at individual concentrations which are not precisely known, a detailed calculation for each individual component is impractical. The intention is to rely on IFRA data in relation to total ingredient use. Further consultation on this aspect is required with IFRA.

2. Proprietary substances

As noted above, a mechanism and guidelines will be provided to allow companies to enter key data (PNEC, removal rate, tonnage) for proprietary ingredients or others which are in some way confidential.

It is highly desirable that as far as possible all companies perform the ESC check using the same values for key data for any given ingredient. This will automatically happen if all ingredients are notified to A.I.S.E. such that a common set of data can be entered into the spreadsheet database. Companies should not substitute their own key data for the common values in the tool without notifying A.I.S.E. (and agreeing the new values as common A.I.S.E. values).

3. Naturally occurring substances of low usage

For certain substances which are naturally occurring in the aquatic environment, where the usage in A.I.S.E categories is minimal, such as salt, there will be a de minimis exemption.

Verification It is accepted that independent verification of correct use of the ESC tool by companies will be essential in order to retain credibility. The intention is to make ESC verification an additional part of the existing KPI verification carried out on behalf of A.I.S.E by SGS International, an independent audit firm. The verification will be random and extensive enough to be statistically valid. On the other hand it is not expected to result in significant additional burden for companies. How will the ESC be managed? It is intended to provide on-going technical advice for companies regarding use of the ESC via a new ESC WG, chaired by […]. Whenever companies have concerns or issues with the system, they will be able to raise them with the ESC WG. Confidentiality will be preserved by following the same procedure as used with HERA, when necessary.

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Worked example of how the spreadsheet does the calculation: Data entered by manufacturer: Key data applied from ESC database: Dosage of product (gms/wash): 85

PNEC (Predicted No Effect Concentration): 0.1 mg/l

Ingredient Number: 49

Removal Rate (in sewage treatment): 95%

Content Ingredient 49: 8%

Tonnage used in other uses: 16,000tpa

Product / Category Other Uses Dosage of Ingredient 49 per wash = 85 x 8% =

6.8 gms/wash

Ingredient usage /cap / year: • Solid laundry detergents are used on

average for 38 washes/cap/yr (IKW figures).

• Other uses 16,000 tpa / 370 Million EU populations

38 x 6.8 = 258.4 gms / cap/ yr

16,000 /370 million * 106 = = 43 gms /cap/yr

Amount entering sewage treatment per day

258.4 / 365 = 0.71 gms / person / day

43 / 365 = 0.12 gms / person / day

Amount of ingredient leaving sewage treatment

= 0.71 x (1 – 95%)= 0.036 gms / person / day

= 0.12 x (1 – 95%)= 0.006 gms / person / day

This will be contained in 200 litres of sewage effluent which is further diluted 10 times into the receiving water. Thus Projected Environmental Concentration

= 0.036 x 1000/(200 x 10) = 0.0177 mg / litre (see Col G above)

= 0.006 x 1000/(200 x 10) = 0.003 mg/litre

Total Projected Environmental Concentration (Product + Other Uses)

= 0.0177 + 0.003 = 0.0207 mg/l

Projected Environmental Safety Ratio (PESR)

= 0.0207 / PNEC (0.1) = 0.207 (see Column M above)

PESR (0.207) is < 1 so ESC Check is clear for this ingredient in this product at this level

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ANNEX 2: END USER INFORMATION

Please note that the guidelines for artwork are still under development and will be available as soon as the product categories’ ASPs are officially released. Following six options are possible in order to fulfil the ASP criteria on End User Information. 1. Washright Panel with reference to Washright website

2. Washright Panel with reference to Cleanright website – NOT YET AVAILABLE FOR USE BY COMPANIES

www.cleanright.eu

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3. ‘Silent’ Washright Panel with reference to Washright website

4. ‘Silent’ Washright Panel with reference to Cleanright website– NOT YET AVAILABLE FOR USE BY COMPANIES

www.cleanright.eu

Additional alternatives for liquid laundry detergents and fabric conditioners

5. Sentence with tips – NOT YET AVAILABLE FOR USE BY COMPANIES

Tips for saving water, energy and CO2: www.cleanright.eu 6. Mr Sponge with reference to Cleanright website – NOT YET AVAILABLE FOR USE BY COMPANIES