RSG SubGroup Report Detergents Regulation

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RSG Sub-Group ReportDetergents Regulation

• ATC Main Committee Meeting
• 28th February 2008

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RSG Sub-Group Report

• Detergents Regulation (648/2004/EC)
• Intention, scope and interpretation
• RSG Sub-group activity
• Forward Plan

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Detergents Regulation (648/2004/EC)

• To prevent pollution of the aquatic environment
  by primarily water soluble detergents and was not
  (we believe) intended to include non aqueous
  systems
• Defines detergent as substance or preparation
  containing soaps and/or other surfactants
  intended for washing and cleaning processes
• Entered into force in October 2005
• biodegradability test requirements
• risk assessment and labeling requirements

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Commission QA July 2007

• provides additional guidance on the
  interpretation of the regulation
• These answers represent the opinion of the
  Commission services but may not necessarily
  represent the opinion of the Commission. This
  guidance document does not constitute any formal
  commitment on behalf of the Commission. Only the
  European Court of Justice can give an
  authoritative interpretation of Community
  legislation.
• This guidance document will be regularly updated
  and published on the website of the European
  Commission.
• 7.6 Do fuel additives and lube-oils fall
  within the scope of the Detergent Regulation?

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Lube-oils

• These products are exclusively used to prevent
  deposition within the engine (e.g. to keep
  particles in suspension in engine oil), thereby
  to keep combustion and wear residues from
  settling in the engine oil circuits. Member
  States and the Commission agreed that these
  products do not fall within the ISO definition of
  cleaning, (as mentioned in Article 2(3) of the
  Detergents Regulation), therefore they fall
  outside the scope of the Detergents Regulation.

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Fuel Additives

• These products are used in order to enhance the
  performance of fuel when burned in the engine
  (e.g. so that combustion deposits will be more
  effectively removed from engine parts such as
  valves). As demonstrated by before and after
  pictures of engine parts provided by a
  manufacturer of this type of fuel additive, it
  seems that these additives conform to the
  definition of cleaning used in the Detergents
  Regulation (e.g they remove soil which changes
  some characteristics or appearance or feel of a
  clean surface).Member States and the Commission
  agreed that fuel additives do fall within the
  scope of the Detergents Regulation.

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Derogations

• For
• low dispersive applications (Fuel Additives?)
• specific industrial applications (Fuel
  Additives?)
• the risk to the environment or to health posed by
  the volume of sales and the pattern of use
  throughout the Community is small compared to the
  socio-economic benefits including food safety and
  hygiene standards.
• Derogations should have been requested within
  2-years of the regulation coming into force and
  have a host of requirements associated with them.

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Interpretation

• Interpretation needs to be clarified
• Do our products meet the strict definitions for
  surfactants and cleaning purpose?
• Implications need to be assessed
• Can our products meet the bio-degradeability and
  other requirements
• Can the regulation or interpretation be changed?
• Should we apply for derogation (if possible)

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RSG Sub-Group

• Formed following RSG meeting on 6th February 2008
• Attendees identified and Terms of Reference
  defined 2nd week February
• First meeting/telecon 20th February
• Assessment actions underway
• Initial plan defined
• Next meeting/telecon 6th March

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Terms of Reference

• 1. Analyse the Detergents Regulation 2004, and
  Commission Services Q and As issued in July
  2007, and assess its main impact on both the fuel
  additives and lubricant additives industry.
• 2. Identify the main issues facing, and needing
  to be addressed by, ATC, which include but are
  not necessarily limited to,
• compliance (including non-compliance)
• derogation opportunities
• challenge to Commission Services advice
• cost and impact of testing if required
• 3. Operating as a sub-group of RSG and reporting
  to the main committee as necessary, make
  appropriate recommendations on an action plan to
  include
• ATC response(s)
• Impact
• legal advice
• funding of lobbying and/or testing activity
• Timetable
• who needs to be involved both from within ATC and
  outside
• internal and external communications
• Possible liaison with CEFIC on any or all of
  these issues

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Sub-group meeting

• Considering both bulk and aftermarket products
• Need for urgency recognised
• Small groups and individuals identified to
• Clarify definitions and scope
• Assess implications
• Bio-degradeability tests and requirements
• Assemble arguments to support ATC position
• Assess difficulties of changing the regulation
• Generate list of potential lobbying support

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Forward Plan

• 4 Week timeframe
• Clarify the definitions and scope in relation to
  fuel additives
• Assess ATCs options
• Change the regulation
• Change the commissions interpretation
• Apply for a derogation
• Comply with the regulation
• 2 month timeframe
• Initiate external contacts
• e.g. CONCAWE / Commission / National Authorities
• Assess cost and resource implications
• 3 month timeframe
• Agree and initiate plan