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AUGUST 2020 – RELEVANT FOR: ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS
On 3 August 2020, the European Union (EU) notified the World Trade Organization (WTO)1 about the draft amendment of REACH Annex XVII for C9-C14 PFCAs, their salts and related substances. It is foreseeable that this proposal may be published in the first quarter of 2021 and there may be an 18-month transition period for this new restriction.
C9-C14 PFCAs2 are regarded as PBT or vPvB substances. These were found as unavoidable by-products during the production of PFAS with carbon chain less than 9 carbon atoms and they are potentially used as substitutes for PFOA. A variety of commercial applications uses of PFAS for example, water, oil and grease repellent treatments for carpets, furniture and clothing. It can be found in teflon products, semiconductors and fire-fighting foam. Germany and Sweden proposed this restriction back to 2017 and certain C9-C14 PFCAs are already listed on the Candidate List. They are PFNA, PFDA, PFUnDA, PFDoDA, PFTrDA, PFTDA.
It is worth to note that PFOA is currently listed on EU POPs (Persistent Organic Pollutants) Regulation. The European Commission would like to replace the entry 68, PFOA by this new restriction. This draft proposal also stated if the substances having the potential to degraded or transformed to C9-C14 PFCAs are also considered as C9-C14 PFCAs related substances. The highlight of the proposal can be found in Table A.
| Parameters Proposed scope of restriction |
Highlights |
| Proposed scope of restriction | Substances, mixtures and articles Note: Substances have the potential to degraded or transformed to C9-C14 PFCAs are considered as C9-C14 PFCAs related substances. |
| Proposed limit |
[Effective until 36 months from entry into force]
A longer transition period may be granted to certain industry and professional application e.g. fire-fighting foam, photographic coatings and semiconductors. that can apply from 2023 or even 2025. Details can be referred to paragraph 4 and 5 of the draft Annex. |
| Proposed exemption |
Note: two more exemptions are under consideration to allow the fluoropolymers and fluoroelastomers productions. |
Abbreviation
PFAS: perfluorinated and polyfluorinated substances
PFCAs: perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain
PFOA: perfluorooctanoic acid
PFNA: perfluorononan-1-oic acid (C9-PFCA)
PFDA: nonadecafluorodecanoic acid (C10-PFCA)
PFUnDA: henicosafluoroundecanoic acid (C11-PFCA)
PFDoDA: tricosafluorododecanoic acid (C12-PFCA)
PFTrDA: pentacosafluorotridecanoic acid (C13-PFCA)
PFTDA: heptacosafluorotetradecanoic acid (C14-PFCA)
PBT: persistent, bioaccumulative and toxic substances
vPvB: very persistent and very bioaccumulative
[1] WTO Notification of C9-C14 PFCAs from the European Union
[2] Draft legal text of REACH amendment
[3] Annex to the draft legal of REACH amendment
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