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EU: REACH EC submitted draft PFHxA restriction to WTO

JUNE 2023 - HARDLINES, SOFTLINES

On 19 June 2023, the European Commission (EC) submitted a draft amendment to the World Trade Organization (WTO)1, to amend the REACH Annex XVII by adding the new restriction on undecafluorohexanoic acid (PFHxA), its salts and PFHxA-related substances.

PFHxA belongs to the group of per- and polyfluoroalkyl substances (PFAS). As a member of the PFAS family, PFHxA is very resistant to chemical, thermal and biological degradation. PFAS substances have a variety of commercial applications uses for example, water, oil and grease-repellent treatments for carpets, furniture and clothing. It also can be found in teflon products, semiconductors and fire-fighting foam.

In 2019, Germany submitted to the European Chemicals Agency (ECHA) a dossier proposing to restrict PFHxA, its salts and PFHxA-related substances under REACH Annex XVII. The original scope2 proposed by Germany covers substances, mixtures and articles. After two ECHA’s public consultations, ECHA submitted its final opinions to the EC. Taking into account the dossier submitted by Germany and the opinions of ECHA, the EC considers that an unacceptable risk to human health and the environment arises from the use and placing on the market of PFHxA, its salts and PFHxA-related substances in certain mixtures and in certain articles, and the risk should be addressed on EU-wide basis.

The new restriction3 is expected to be published in the last quarter of 2023. Different transitional periods from 18 months to 5 years are set for different product categories.

Table A: Proposed restriction on PFHxA, its salts and PFHxA-related substances submitted to WTO

Target substance Undecafluorohexanoic acid (PFHxA), its salts and PFHxA-related substances
Proposed scope of restriction
  • Textiles, leather, furs and hides in products for the general public; 
  • Footwear for the general public; 
  • Paper and cardboard used as food contact materials within the scope of Regulation (EC) No 1935/2004; 
  • Mixtures for the general public; 
  • Cosmetic products as defined in Regulation (EC) No 1223/2009;
  • Fire-fighting foams for training, testing, municipal fire services and civil aviation.
Proposed limit
  • Sum of PFHxA and its salts: < 25 ppb; or
  • Sum of PFHxA related substances: < 1000 ppb

Note: measured in homogeneous material.
Proposed date of application
  • 18 months from the date of entry into force: fire-fighting foams for training, testing and municipal fire services;
  • 24 months from the date of entry into force:
    • Textiles, leather, furs and hides in clothing and related accessories for the general public;
    • Footwear for the general public;
    • Paper and cardboard used as food contact materials within the scope of Regulation (EC) No 1935/2004;
    • Mixtures for the general public;
    • Cosmetic products as defined in Regulation (EC) No 1223/2009;
  • 36 months from the date of entry into force: textiles, leather, furs and hides in products other than clothing and related accessories for the general public; 
  • 5 years from the date of entry into force: fire-fighting foams for civil aviation.

 

[1] EC Notification sent to WTO 

[2] Draft text sent to WTO (Part 1)

[3] Draft text sent to WTO (Part 2)

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E-SSENTIALS 5 | 2023