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PFAS Restriction in the European Union: State of Play and Next Steps

On 7 February 2023, the European Chemicals Agency (ECHA) published a proposal aiming to restrict around 10,000 per- and poly-fluoroalkyl substances (PFASs) under REACH.

This unprecedented 2000-page restriction proposal dossier was jointly prepared by the competent authorities of Germany, Norway, Sweden, the Netherlands, and Denmark and it is one of the widest restriction proposals in the EU REACH history. The aim is to reduce PFAS emissions into the environment and make processes and products safer for human health.

Speaking at ChemCon 2023 on October 25, Simone Doyle, the head of the Risk Management Unit at ECHA, explained that the main concern is that PFASs are very persistent in the environment and could remain in the environment for centuries, a characteristic that has given PFASs the synonym of ‘Forever Chemicals’. These substances are found everywhere from industrial equipment to firefighting foams and consumer products such as textiles and cosmetics.  

Following the publication of the dossier, the industry had a six-month window time (22 March – 25 September 2023) to provide feedback to the publication consultation. At the end of the consultation period, ECHA received more than 5,600 comments from 4,400 organizations, companies, and individuals. Simone Doyle took the opportunity to thank everyone who participated in the public consultation.

ECHA is currently in the process of going through the submissions received. In September, a first plenary meeting took place between ECHA’s Risk Assessment Committee (RAC) and Socio-Economic Analysis Committee (SEAC), focusing on the substance scope and hazard assessment for the food contact materials and packaging sector.

The next plenary meetings are foreseen in December 2023 and March 2024, where both Committees will meet to develop and agree on the work program and how to best approach the opinion-developing process. Once the opinions from both Committees are adopted, they will be sent to the European Commission who, together with the EU Member States, will then decide on the potential restriction.

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