EU PFAS Restriction Proposal to ECHA under REACH Regulation

In January 2023, a proposal for a European ban on PFAS under REACH regulation was submitted to the European Chemicals Agency (ECHA) by a group of European countries including the Netherlands, Denmark, Germany, Norway, and Sweden. The goal of the proposal is to limit the risks to people and the environment by banning the use of these substances. The proposal focuses on the entire group of PFAS substances to avoid one substance being replaced by another.

The process of banning the use of PFAS involves three stages. The first stage, which has already been completed, was the preparation and submission of the restriction proposal. The second stage begins with a public consultation, during which anyone can submit information or express their opinion on the proposal. This information will then be processed. The next step is for the ECHA Scientific Committees (RAC and SEAC) to prepare their opinions. In the final stage, the European Commission drafts a proposal for the member states to decide whether or not to adopt. Once the decision is made, the legislation will come into effect.

The detailed proposal will be published by ECHA on February 7, 2023, after the five authorities identified risks associated with the manufacture, use, and marketing of PFASs that need to be addressed throughout the EU and European Economic Area. The proposal will be reviewed by ECHA's scientific committees and a six-month consultation period is planned to begin on March 22, 2023.

What's included in the EU's proposal for restricting PFAS under REACH?

To eradicate phenomenal production and usage of PFAS contamination of soil, water, and food sources, posing grave health risks to humans and ecosystems the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) restriction proposal was jointly authored and submitted by five EU member states: the Netherlands, Germany, Sweden, Norway, and Denmark. This comprehensive proposal encompasses over 10,000 PFAS substances and presents two potential restriction options for the sectors mentioned below.

• Option 1 advocates for an outright ban following an 18-month transition period, Restriction
• Option 2 – the favored alternative – advocates for phased bans with time-limited derogations for specific applications, along with some exceptions for extraordinary cases.

Based on the proposed restrictions, authorities option 2 suggests allowing exceptions for certain uses of PFAS for either five or twelve years after implementing the restrictions. The choice between these durations depends on whether alternative products are available. If alternatives are still in development or not widely available, a five-year exception might be granted. However, if there are no feasible alternatives or if they can't be approved quickly enough, a twelve-year exception could be given. This approach aims to balance the need for safer alternatives with the practical challenges of transitioning away from PFAS.

Proposal for Immediate PFAS ban in EU under REACH regulation

Key sectors proposed for immediate bans include applications where alternatives have demonstrated sufficient feasibility, compelling a swift transition away from PFAS. These sectors span a gamut of industries, including textiles, paper and packaging, and semiconductor manufacturing, among others.

Journey of the PFAS Open Public Consultation in EU

A six-month consultation on the restriction proposal, starting on March 22 and ending on September 25, 2023, provided stakeholders with the opportunity to submit information regarding their PFAS uses and the availability of alternatives. ECHA organized an online information session on April 5, 2023, to explain the restriction process and assist interested parties in participating in the consultation.

As of March 13, 2024, The European Chemicals Agency (ECHA) is advancing the evaluation process for the proposal to restrict per- and polyfluoroalkyl substances (PFAS) under REACH, the EU's chemicals regulation. ECHA's Risk Assessment Committee (RAC) and Socio-Economic Analysis Committee (SEAC) are assessing the proposed restriction alongside feedback from stakeholders. The evaluation is organized into batches, focusing on different sectors affected by PFAS use.

The next steps involve discussing various sectors across several committee meetings:

• March 2024 meetings: Focus on consumer mixtures, cosmetics, ski wax, PFAS hazards (RAC), and a general approach (SEAC).
• June 2024 meetings: Discussion on metal plating, manufacture of metal products, and additional PFAS hazard considerations (RAC).
• September 2024 meetings: Evaluation of textiles, upholstery, leather, apparel, carpets (TULAC), food contact materials and packaging, petroleum, and mining.

The five national authorities who proposed the restriction are updating their initial report based on consultation comments, which will serve as the foundation for the committees' opinions. ECHA aims to deliver final opinions to the European Commission promptly, ensuring transparency, independence, and high quality in the process. Further information on the evaluation progress and procedural steps will be communicated with the REACH Committee, which will decide on the potential restriction. The draft decision will then undergo commentary and approval from the EU Parliament and the EU Council. Upon reaching an agreement on the text, the final decision will be published in the Official Journal, thereby becoming law. It's important to note that because REACH is a Regulation and the PFAS Restriction is part of that Regulation, the PFAS restriction will immediately apply throughout the EU Member States. The EU's adoption of the restriction proposal is anticipated in 2025.

How to Prepare for PFAS Restrictions under EU REACH Regulation

To prepare for the impending PFAS restriction, companies are advised to undertake a structured approach encompassing:

1. Portfolio Assessment: Identifying PFAS usage across product portfolios and supply chains.
2. Derogation Analysis: Conduct a comparative assessment to ascertain applicable derogations.
3. Impact Evaluation: Quantifying the business ramifications and assessing the availability and impact of PFAS substitutions.
4. Consultation Participation: Submitting impact assessment reports during the public consultation phase.
5. Substitution Planning: Proactively evaluating and implementing substitution strategies aligned with regulatory timelines.

Furthermore, in addition to the PFAS REACH Restriction proposal, companies must also assess the broader impacts of all PFAS substances on their operations. With the acceptance of this transition, companies can pave a path toward sustainability and resilience, setting a precedent for global chemical governance.

Talk to our compliance expert to discuss PFAS reporting under REACH regulation.