LETTER OF PARTICIPATION/COMMITMENT FOR COMPANIES TO THE A.I.S.E. STEWARDSHIP PROGRAMME FOR LIQUID LAUNDRY DETERGENT CAPSULES A COMMITMENT by ( the Company ) with a principal place of business at ( Address Headquarters ) to the A.I.S.E. Liquid Laundry Detergent Capsules Stewardship Programme ( the Project ) of the Association Internationale de la Savonnerie, de la Détergence et des Produits d Entretien AISBL with its registered office at 15A, Herrmann Debroux, 1160 Brussels, Belgium ( A.I.S.E. ), dated, 201 WHEREAS A.I.S.E. has engaged into promoting communication on safe use and storage of liquid laundry detergent capsules to consumers following the call made by the Member States at the European meeting of the Detergent WG held on 8 November 2012; A.I.S.E. recognises that this issue can be best addressed by a voluntary Product Stewardship Programme; A.I.S.E. has set up a voluntary industry initiative, the A.I.S.E. Product Stewardship Programme for Liquid Laundry Detergent Capsules ( the Project ); The aim of the Project is to secure safe use and storage of liquid laundry detergent capsules by consumers with the ultimate objective to reduce significantly the incidence of accidental exposure, in particular of small children, to these products; It is a fundamental part of the A.I.S.E. policy, and as such this Project, to act always in compliance with all applicable laws, in particular with competition law, in pursuing its goals. In pursuing the Project A.I.S.E. and the Company shall endeavour to always act in strict compliance with competition law and shall specifically observe the current A.I.S.E. Competition Law Compliance Guidelines (dated January 2010); The Company has applied to the A.I.S.E. to be recognised as being a participant of the Project and has agreed to make the commitment set out below; 1
The A.I.S.E. is satisfied that the Company manufactures and/or places on the market in Europe (EU, Iceland, Norway, Liechtenstein and Switzerland) liquid laundry detergent capsules ( the Products ) and as such meets the Eligibility Requirements of the Projects; The Company HEREBY COMMITS ( Commitment ) to the Project in respect of its liquid laundry detergent capsules ( Operations ) placed onto the European market (EU, Iceland, Norway, Liechtenstein and Switzerland) ( Territory ). By liquid laundry detergent capsules it shall be understood any liquid laundry detergent contained in a water soluble wrapper. This also includes auxiliary laundry washing products. WHEREBY the Company shall Strive to meet the objectives of the Project; Implement all elements set out in the Company s commitment as described in Annex 1; Strive to do nothing that may be detrimental to the aims of the Project or that may bring the Project, fellow Project participants, A.I.S.E. or its members into disrepute; Endeavour to always act in strict compliance with competition law, all relevant legislation and internationally recognised guidelines and standards with regard to health and safety, and more particularly Article 9 of Directive 1999/45/EC on the classification, packaging and labeling of dangerous preparations; Article 35(2) Regulation (EC) 1272/2008 on classification, labeling and packaging of substances and mixtures; Article 15(1) of Regulation (EC) 648/2004 on Detergents; Directive 2001/95/EC on General Product Safety. The Project opens on 15 December 2012. As of this date the Company are allowed to sign in. The Company shall start implementing the commitment latest within 6 months upon signature, and to exhaust stocks of Products that do not meet the requirements described in Annex I at company level latest within 12 months upon signature. The Company shall launch consumer communication activities as referred to in Annex 1 (2-b) within three (3) months upon signature. The Company shall report to A.I.S.E. on the consumer communication activities carried out in the framework of the Project. Reporting shall also indicate the selection of Safe Use Icons used on-pack. Reporting should be completed twelve (12) and twenty-four (24) months following subscription to the Project, and when placing on the market in a country of the Territory where they were not previously placing Products on the market. This Commitment shall remain in full force and effect until either terminated a) by the Company at any time serving not less than six (6) months prior written notice upon the A.I.S.E. of it withdrawing its subscription to the Project or b) by A.I.S.E. serving not less than three (3) months prior written notice upon the Company following the Company s failure to meet material requirements under the Project and/or this Commitment, provided, however, that A.I.S.E. must provide the Company with written notice to the Address Headquarters specifying the Company s material failure or material breach. If such failure and/or breach is cured by the Company within sixty (60) business days from receipt of such notice the termination by A.I.S.E. for the respective failure or breach shall be null and void. Any Company dissatisfied with any decision of A.I.S.E. in relation to the Project, which may prejudice its interests, may refer the matter to the A.I.S.E. Board who will render a decision, after considering the 2
Company's representations. If the Company wishes to challenge the decision rendered by the Board or an A.I.S.E. decision following which the Company is refused participation to the Project, the matter shall be submitted solely and exclusively to binding arbitration in accordance with the rules and procedure of the Belgian Center for Mediation and Arbitration (CEPANI). The decision of the arbitrators shall be final and binding upon the parties and judgement upon award may be entered into and enforced by any court having jurisdiction thereof. It is further agreed between the parties, that any hearing shall be held in Brussels, Belgium. In construing and interpreting this Agreement, the arbitrators shall be bound by and shall apply the laws of Belgium. It is also further agreed that the arbitral tribunal shall be composed of three (3) arbitrators, and that the proceedings shall be conducted in the English language. A.I.S.E. reserves the right to review the Project on a need basis to ensure a satisfactory level of efficiency, credibility and usefulness of the Project. This Commitment and the rights, duties and responsibilities of the Company and A.I.S.E. under the Project shall continue in full force and effect during any notice period... (Signature) Authorised to sign on behalf of the Company (Date).. (Name)... (Position) Contact person for the Project (please indicate name, function, contact details):.... 3
ANNEX 1 The Commitment The Company commits to implement the following set of rules to their Products (liquid laundry detergent capsules) in all the countries of the Territories where they are sold. By liquid laundry detergent capsules it shall be understood any liquid laundry detergent contained in a water soluble wrapper. This also includes auxiliary laundry washing products. For information purpose the Company shall indicate the Products it places on the market in the Territory by filling-in the table in Annex 2. 1. Product The Company commits to implement safety measures to reduce visibility of and restrict access to liquid laundry detergent capsules. a. Reduced visibility of capsules The Company shall implement one of the following measures to reduce the visibility of the liquid laundry detergent capsules: - Either opaque packaging; - OR obscure packaging; - OR any equivalent. b. Restricted access to capsules by small children To address accessibility to liquid laundry detergent capsules, the Company shall implement a pack closure which discourages, delays or otherwise impedes the ability of small children to open the pack, the precise design being for companies to decide. For example, restricted access may be achieved through pack closures that necessitate either strength, or co-ordinated movements, or the use of two hands in order to be opened. This list of examples is nonexhaustive and indicative only. 2. Product Information & Communication The Company commits to reinforce guidance on the safe use and storage of liquid laundry detergent capsules. a. On-pack communication The Company shall make use of the A.I.S.E. Safe Use Icons, such as Keep away from children and in particular of the icons specifically developed for liquid laundry detergent capsules such as Close the lid properly, Close the bag properly, Use with dry hands, Do not pierce, break or cut. Use of the Safe Use Icons shall be made in accordance with the A.I.S.E. Safe Use Icons Guidelines for on pack use 4
available at www.aise.eu/end_user_info. The A.I.S.E. Safe Use Icons of particular relevance for this product category are provided in Annex 3 Part 1. The Company shall clearly display on-pack a Safe Use Patch in accordance with the specifications of Annex 3 Part 2. b. Consumer communication campaign The Company shall take part in communication activities across the EU to further enhance consumer awareness about safe use and storage of liquid laundry detergent capsules. Template leaflets, webbanners and other similar materials are made available by A.I.S.E. and its Network to the companies. 3. Engagement with Poison Control Centres The Company commit to engage with Poison Control Centres, including the European Association of Poison Centres and Clinical Toxicologists, to enable better information exchange and monitoring of accidents. a. Harmonised product information sheet The Company shall develop a harmonised product information sheet for notifying PCCs of new product launches and their product characteristics in advance to legal obligations (legal obligation as of June 2015). b. Accidentology Given the current lack of understanding of the circumstances leading to incidents involving small children, companies, in cooperation with PCCs, shall develop a process to collect better information on incidents ( accidentology ) with a view to understanding whether the most effective measures are being taken to address the issue. 5
ANNEX 2 Company s Products in the Territory # Country Has the following brands 1 : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Iceland Ireland Italy Latvia Liechtenstein 18 Lithuania 1 For practical reasons the Company may indicate only the brand names. However it is understood that the Commitment also applies to the variant products commercialized under the brand name. 6
19 20 21 22 23 24 25 26 27 28 29 30 31 Luxemburg Malta Norway Poland Portugal Romania Slovak Republic Slovenia Spain Sweden Switzerland The Netherlands United Kingdom The Company will update the list as relevant when changes occur. 7
ANNEX 3 A.I.S.E. Safe Use Icons of relevance for liquid laundry detergent capsules and guidelines for implementation PART ONE Safe Use Icons of relevance for this product category: A.I.S.E. has developed various voluntary safe use icons for use by industry. Those are available from www.aise.eu/end_user_info and a number of those are particularly relevant for this product category, in particular the ones presented below: The Safe Use Icons Guidelines for on pack use are provided by A.I.S.E. under www.aise.eu/end_user_info. 8
PART TWO Safe use patch for liquid laundry detergent capsules: For the purpose of securing optimal guidance to the consumers on the safe use and storage of liquid laundry detergent capsules, the Safe Use Icons shall be presented in patches to be displayed on the outer packaging of the Products in accordance with the following requirements: Patch Safe Use Icons/size: Priority icons shall be featured in a patch and display on pack as follows: Keep away from children Close the lid properly or Close the bag properly (for doy bags) Minimum size for each of these two icons: 20 x 20 mm Those two icons should be accompanied with their respective text, adequately translated at a minimum size of 10 points (reference font: Futura Condensed). NB: multilingual versions of this patch are allowed but the minimum size requirements remain valid for all languages. Colour of the icons same as in A.I.S.E. guidelines: black (if necessary, a dark colour may replace it only dark blue in this context can apply). Other relevant A.I.S.E. icons to be used on a voluntary basis on pack according to general A.I.S.E. guidelines. The Conditions of Use of the A.I.S.E. Safe Use Icons can be found on www.aise.eu/end_user_info. Patch other requirements: Have the general introduction sentence (or its corresponding translation provided by A.I.S.E.): Handle and store safely Minimum size: 13 points (reference font: Futura Bold), preferably in capital letters. A.I.S.E. - www.cleanright.eu must be featured (minimum size: 10 points reference font : Futura Condensed) Recommended positioning of patch on packaging: on Top or Front of the pack. Excluded: underneath the pack. In any event, the patch should be readily seen by consumers. Patch to be placed on pack (as per A.I.S.E. guidelines and models below) BUT with yellow background (reference colour recommended: yellow CMYK: 100%) 9
Examples of patch layout: Patch for boxes: Patch for doy bags: Other possible layout: Bilingual example: 10
ANNEX 4 Project Description A.I.S.E. PRODUCT STEWARDSHIP PROGRAMME FOR LIQUID LAUNDRY DETERGENT CAPSULES THE PROGRAMME The Product Stewardship Programme for Liquid Laundry Detergent Capsules 2 is a new voluntary initiative of A.I.S.E., the International Association for Soaps, Detergents and Maintenance Products. This Programme builds on a series of voluntary initiatives already undertaken by A.I.S.E. in the domain of safety and sustainability. A.I.S.E. and its member companies involved in the liquid laundry detergent capsules market in Europe regard the safety of consumers as a top priority. Whilst safe use and storage of any detergent or maintenance product should be promoted, this Programme aims at securing safe use and storage of liquid laundry detergent capsules by consumers to ultimately significantly reduce the incidence of accidental exposure, in particular of small children, to these products. This A.I.S.E. Product Stewardship Programme (PSP) is open to any company manufacturing and/or placing liquid laundry detergent capsules on the European market (EU + Iceland, Switzerland, Norway and Liechtenstein), regardless of whether these companies are member of A.I.S.E. and/or its National Association members. BACKGROUND Liquid laundry detergent capsules are relatively new product forms that have been progressively introduced in Europe. They are practical, convenient, sustainable and safe when stored and used as instructed. They contain concentrated surfactants dissolved in an alcohol solvent which allows them to be prepared in water soluble capsule. Their ph is close to neutral. They need to be handled safely and, as any other household cleaning product, kept away from children. The A.I.S.E. membership has however been made aware by Poison Control Centers (PCCs) that in some countries incidents of accidental exposure involving small children have been observed, mainly of ingestion but also eye injury. The issue is fundamentally one of unintended use and, in newer markets, lack of familiarity. Against this background, and with the support of the industry, A.I.S.E. has developed the voluntary Liquid Laundry Detergent Capsules Product Stewardship Programme outlined below. 2 By «liquid laundry detergent capsules» it shall be understood any liquid laundry detergent contained in a water soluble wrapper. This includes auxiliary laundry washing products. 11
THE COMMITMENT Companies participating in the A.I.S.E. Liquid Laundry Detergent Capsules Product Stewardship Programme commit to apply the following, specifically developed, set of rules: Product Participating companies commit to implement safety measures to reduce visibility of and restrict access to liquid laundry detergent capsules. Reduced visibility of capsules Participating companies shall implement one of the following measures to reduce the visibility of the liquid laundry detergent capsules: - Either opaque packaging; - OR obscure packaging; - OR any equivalent. Restricted access to capsules by small children To address accessibility to liquid laundry detergent capsules, companies shall implement a pack closure which discourages, delays or otherwise impedes the ability of small children to open the pack, the precise design being for companies to decide. For example, restricted access may be achieved through pack closures that necessitate either strength, or co-ordinated movements, or the use of two hands in order to be opened. This list of examples is non-exhaustive and indicative only. Product Information & Communication Participating companies commit to reinforce guidance on the safe use and storage of liquid laundry detergent capsules. On-pack communication Participating companies shall make use of the A.I.S.E. Safe Use Icons, such as Keep away from children and in particular of the icons specifically developed for liquid laundry detergent capsules such as Close the lid properly, Close the bag properly, Use with dry hands, Do not pierce, break or cut. Use of the Safe Use Icons shall be made in accordance with the A.I.S.E. Safe Use Icons Guidelines for on pack use available at www.aise.eu/end_user_info. The A.I.S.E. Safe Use Icons of particular relevance for this product category are provided in Annex 1 Part 1 of this document. In addition, companies shall clearly display on-pack a Safe Use Patch in accordance with the specifications laid down in Annex 1 Part 2. Consumer communication campaign Participating companies shall take part in communication activities across the EU to further enhance consumer awareness about safe use and storage of liquid laundry detergent capsules. 12
Template leaflets, web-banners and other similar materials are made available by A.I.S.E. and its network to the participating companies. Communication activities reporting Companies shall report to A.I.S.E. on the consumer communication activities carried out in the framework of this PSP. Reporting shall also indicate the selection of Safe Use Icons used onpack. Reporting should be completed 12 and 24 months following subscription to the PSP, and when placing liquid laundry detergent capsules on new markets. Engagement with Poison Control Centres Participating companies commit to engage with Poison Control Centres, including the European Association of Poison Centres and Clinical Toxicologists, to enable better information exchange and monitoring of accidents. Harmonised product information sheet Participating companies shall develop a harmonised product information sheet for notifying PCCs of new product launches and their product characteristics in advance to legal obligations (legal obligation as of June 2015). Accidentology Given the current lack of understanding of the circumstances leading to incidents involving small children, companies, in cooperation with PCCs, shall develop a process to collect better information on incidents ( accidentology ) with a view to understanding whether the most effective measures are being taken to address the issue. TIMING The A.I.S.E. Product Stewardship Programme for Liquid Laundry Detergent Capsules opens on 15 December 2012. As of this date companies will be allowed to sign in. By signing in companies commit to start implementation latest within 6 months upon signature, and to exhaust stocks of products that do not meet the requirements described in this PSP at company level latest within 12 months upon signature. Participating companies shall launch consumer communication activities within 3 months upon signature. LEGAL REQUIREMENTS This Programme does not replace the legal requirements that companies are obliged to meet with regard to safety and human health, and in particular the provisions set in Directive 1999/45/EC on the classification, packaging and labelling of dangerous preparations; Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures; Directive 2001/95/EC on General Product Safety; Regulation (EC) 648/2004 on detergents. 13
This programme is a voluntary initiative in the field of health and safety to be carried out in compliance with competition law. For further information, please contact: A.I.S.E.: Susanne Zänker, Director General; susanne.zaenker@aise.eu; +32 2 679 62 60. 14