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European Commission to Revise PFOS Exemptions under POPs Regulation

The Commission initiated a 4-week consultation on a draft regulation to revise the substance identification and specific exemptions for PFOS.

On December 4, 2023, European Commission released a Draft regulation to revise several provisions concerning perfluorooctanesulfonic acid (PFOS) and its derivatives under the Regulation (EU) 2019/1021 on persistent organic pollutants (also known as the POPs Regulation). The draft is open for feedback until January 1, 2024.

As per the draft, the following modifications are made:

  • Aligning the substance identification for the entry of PFOS with the one for PFOA;

  • Introducing an Unintentional Trace Contaminant (UTC) level for PFOS and its salts of 0,025 mg/kg (in line with the one for PFOA);

  • Reducing the UTC for PFOS-related substances in substances, mixtures and articles to 1 mg/kg (in line with the one for PFOA);

  • Deleting point 4 and 5 of the fourth column of PFOS entry.

Here is the highlights of proposed revision of PFOS entry in POPs Regulation:

Regulation (EU) 2019/1021 Draft ragulation
SubstancePerfluorooctane sulfonic acid  and its derivatives (PFOS)  C8F17SO2X  (X = OH, Metal salt (O-M+),  halide, amide, and other derivatives including polymers)Perfluroctane sulfonic acid (PFOS), its salts and PFOS-related compounds C8F17SO2X (X = OH, Metal salt (O-M+ ), halide, amide, and other related compounds including polymers)

Specific exemption  on

intermediate use or other specification 

10 mg/kg (0,001 %  by weight) of PFOS as UTC in substances or mixtures≤0,025 mg/kg (0,0000025 % by weight) of PFOS or any of its salts as UTC in substances, mixtures or articles
<0.1% by weight (calculated with reference to the mass of structurally or  micro-structurally distinct parts that contain PFOS) of PFOS as UTC in semi-finished products or articles, or parts thereof, or 1 μg/m2 for the amount of PFOS as UTC in the coated material≤1mg/kg (0.0001% by weight) for the sum of concentration of all PFOS-related compounds as UTC in substances, mixtures or articles

The draft regulation can be accessed here.

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