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EU: PFHxS and Dechlorane plus will be proposed under POPs instead of REACH

NOVEMBER 2022 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

According to a recent meeting document¹ from Competent Authorities for REACH and CLP (CARCARL), the European Commission (EC) decided to regulate both dechlorane plus and perfluorohexane-1-sulphonic acid (PFHxS), its salts and PFHxS-related substances under the Stockholm Convention on Persistent Organic Pollutants (POPs) Regulation Annex I.

In 2019 and 2021, Norway submitted REACH Annex XV restriction dossier for PFHxS, its salts and PFHxS-related substances² and dechlorane plus³ respectively. After two public consultations, the European Chemicals Agency (ECHA) has published its opinions on both proposed restrictions. In parallel with the REACH restriction, the Stockholm Convention also is evaluating both substances. 

During the Conference of the Parties (COP) meeting of the Stockholm Convention in June 2022, COP decided to list PFHxS, its salts and PFHxS-related substances in Annex A of the Stockholm Convention. As foreseen in the Common understanding paper on REACH and POPs⁴, and considering the timing of the two regulatory processes, the EC decided not to continue the restriction process under REACH but to directly include PFHxS in Annex I to the POPs Regulation. The EC is preparing the draft legal text and it is expected to adopt in the first half of 2023. The opinion of ECHA will be used as a basis.

Moreover, the POP Review Committee (POPRC) adopted the Risk Management Evaluation for dechlorane plus at its 18th meeting in September 2022, and decided to recommend listing dechlorane plus in Annex A of the Stockholm Convention. Considering the timing of the two regulatory processes, the EC decided not to continue the restriction process under REACH but to directly include dechlorane plus in Annex I to the POPs Regulation. If the COP decides to list dechlorane plus in Annex A of the Stockholm Convention in the meeting of May 2023, the final amendment of POPs Regulation for dechlorane plus will be expected to adopt in the first of 2024. The opinion of ECHA will also be used as a basis.

[1] CARACAL 47th meeting - Status of dechlorane plus and PFHxS in the Stockholm Convention

[2] REACH Annex XVII proposed restriction - PFHxS, its salts and PFHxS-related substances

[3] REACH Annex XVII proposed restriction - Dechlorane plus

[4] Common understanding paper on REACH and POPs