EU Universal PFAS Restriction Progress Update

This blog was originally posted on 11th December, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY CATHERINE PHILLIPS, PRINCIPAL REGULATORY CONSULTANT, RINA

On 20 November 2024, the EU has published a progress update on its plan to ban all per-and poly-fluorinated alkyl substances. It is expected that this ban, when enacted, will impact the majority of industry because of the very wide array of uses of these substances.

Background

The EU consulted on the proposed ban last year, resulting in 5600+ responses, indicating the huge impact on industry. Since then, the European Chemical’s Agency’s (ECHA) two committees assessing the proposal (the Risk Assessment Committee and the Socio Economic Assessment Committee) have been reviewing the comments use by use. ECHA has been criticised by the European Ombudsman for the lack of communication on these assessments. The pressure is on for ECHA to communicate better, which is a relief for industry who want as much time as possible to plan for the likely outcomes.

What Has Changed?

Uses not previously identified are now being considered. Examples given are sealing applications, technical textiles, printing applications and other medical applications, such as packaging and excipients for pharmaceuticals.

Previously, a full ban or a ban with time limited derogations were the only options being considered. Now other options are being considered, such as allowing continued use under defined conditions, where there are disproportionate socio economic impacts and because technical substitution is currently not foreseeable. There is no detail yet about the sort of conditions, or whether the conditions would apply for the lifetime of the product.

This is the proposed approach for batteries, fuel cells and electrolysers. Medical devices and semiconductors are still being assessed, but may have a similar approach.

Next Steps

Requiring conditions rather than a time limited derogation is a major development which will be welcomed, even if it results in some tighter through-life controls for these remaining uses. The committees’ positions on most uses are not clear, and the positions on batteries, fuel cells and electrolysers can still change if effective alternatives to PFAS are made available on the market. It remains vital for businesses to know where they have PFAS in their product, to actively seek alternatives and to keep engaged with the regulators.

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