PFAS Possible Further Restrictions - Be Aware!

PFAS Possible Further Restrictions - Be Aware!

From 25th February  2023, PFAS restrictions under Annex XVII of REACH will come into force. The restriction detailed in entry 68 states the use and placing on the market of C9-C14 perfluorocarboxylic acids (PFCAs) including their salts and related substances, in substances, mixtures and articles is banned, except if the concentration in the substance, the mixture, or the article is below 25 ppb for the sum of C9-C14 PFCAs and their salts or 260 ppb for the sum of C9-C14 PFCA-related substances.

 

Please click here to get the details REACH Annex XVII entry 68 from ECHA’s website.

 

However, five European authorities (Denmark, Germany, The Netherlands, Norway and Sweden) submitted a further restriction proposal which would see the largest PFAS substances ban ever in Europe.

 

The specifics of the proposed restriction are detailed below:

 

Summary of the Restriction Proposal

 

Per- and polyfluoroalkyl substances (PFASs) defined as: Any substance that contains at least one fully fluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (without any H/Cl/Br/I attached to it).

 

Conditions of restriction:

 

  1. Shall not be manufactured, used or placed on the market as substances on their own;
  2. Shall not be placed on the market in:
    • another substance, as a constituent;
    • a mixture,
    • an article

in a concentration of or above:

  • 25 ppb for any PFAS as measured with targeted PFAS analysis (polymeric PFASs excluded from quantification)
  • 250 ppb for the sum of PFASs measured as sum of targeted PFAS analysis, optionally with prior degradation of precursors (polymeric PFASs excluded from quantification)
  • 50 ppm for PFASs (polymeric PFASs included). If total fluorine exceeds 50 mg F/kg the manufacturer, importer or downstream user shall upon request provide to the enforcement authorities a proof for the fluorine measured as content of either PFASs or non-PFASs.
  1. Paragraphs 1 and 2 shall apply 18 months from entry into force of the restriction.

 

A number of derogations, reporting requirements and management plans implementation have been also provided in the conditions of restriction. For further information, please access the ECHA’s website here.

 

The Timeline of Implementation of the Proposed Restriction:

 

Year

Process

2020

January: First meeting

May-July: Call for evidence

2021

July-October: 2nd stakeholder consultation

October: Start of drafting of proposal

2023

13th January 2023: Submission of the dossier with the new proposal

7th  February 2023: The new proposal is published by ECHA.

22nd March: Open consultations for 6 months (until 22nd September 2023)

5th April: online information session by ECHA

2024

Opinion of Committees

2025

COM decision Entry into force

2026/2027

Restriction becomes effective

 

 

Chemical information on the use and hazards of PFAS chemicals can be found in our previous article. Click here to access it.

 

Contact us:

Eurofins | BLC has PFAS testing facilities and a range of sustainability services to help you manage PFAS risk in your products and supply chain. Email [email protected] and one of our experts will be in touch.

3 July 2023

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