The PFAS Restriction proposal is a joint activity by 5 Member States over concerns of Persistence, Bioaccumulation and Mobility and (Eco)Toxicity. The original proposal laid out two options to restrict more than 10,000 PFASs.
- Full ban with limited number of derogations and a transition period of 18 months after the Regulation enters into force.
- Full ban with limited number of derogations in addition to use-specific time-limited derogations that would carry an 18-month transition period and a 5-12 year derogation period, depending on the application & availability of alternatives. This is the dossier submitters’ preferred choice.
However, a record number of comments at 5,642, were received as part of the first consultation, all of which are publicly available. The comments submitted have largely come from industry calling for their uses, particularly for fluoropolymers to be exempt, and to highlight that without PFASs some of the EU’s objectives set out under the Green Deal would not be possible.
In response, the committees communicated that they have taken a sector-based approach to the evaluation. To date, provisional conclusions have been reached by RAC and SEAC on five sectors, consumer mixtures and miscellaneous consumer articles, cosmetics, ski wax, metal plating and manufacture of metal products and petroleum and mining. These sectors were chosen as they received the least number of comments in the consultation. These have a provisional status, because it is only when all sectors have been reviewed by both committees, that final conclusions will be drawn.
However, on the 20th of November 2024, ECHA & the relevant Member States (Dossier Submitters) indicated for the first time, that alternative restriction options are being considered & not just the options above. It was suggested that the alternative option could allow the continued manufacture, placing on the market or use of PFAS, for uses where evidence suggests that a ban could lead to disproportionate socio-economic impacts. In particular, the assessment is currently underway for batteries, fuel cells; and electrolysers, with assessments for medical devices and semiconductors to follow. In addition, Fluoropolymers are of particular interest, and specific attention is being given to this group, as the consultation brought further insight into the availability of alternatives for certain uses, measures to minimise their emissions, and potential socio-economic impacts of a ban.
In regards to timeline, ECHA have communicated that the opinion development work will progress during 2025, with the next milestone being the opinion of RAC and a draft opinion of the SEAC. A 2nd 60- day consultation will be held on the draft SEAC opinion. This will allow stakeholders to provide relevant information regarding socio-economic aspects to be considered in the final SEAC opinion. It is expected the consolidated opinions will be published mid-2026.
In other PFAS related updates, the restriction on undecafluorohexanoic acid (‘PFHxA’) and PFHxA ‑related substances was adopted on the 19th September & entered into force in October 2024 (entry 79). This restriction was narrowed to focus on uses where the risk is not adequately controlled or was outweighed by the benefit. The use of PFHxA in consumer textiles, food packaging including paper and cardboard consumer mixtures & cosmetics; along with some firefighting foam applications will now be banned. The restriction will take effect after transitional periods varying from 18 months to 5 year allowing time for substitution.
Published November 21, 2024
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