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PFOA amendment in POP European Regulation

Regulatory update: Perfluorooctanoic acid (PFOA)

On 28th April 2023, the European Commission published an amendment related to perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds of the Regulation (EU) 2019/1021 on Persistent Organic Pollutants (POP).

PFOA compounds form part of the group of increasingly banned fluorinated chemicals which are increasingly regulated in consumer products.

Commission Delegated Regulation (EU) 2023/866 of 24th February 2023 indicates the following several amends in Annex I, Part A, in the fourth column of the table, in the entry ‘Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds’

  • In point 3, the date of the review and assessment by the Commission is changed, now the date is 25 August 2023 related to Exemptions from control measures of a substance present as an unintentional trace contaminant.
  • Point 4 is replaced by the following text: ‘4. For the purposes of this entry, Article 4(1), point (b), shall apply to concentrations of PFOA and its salts equal to or below 1 mg/kg (0,0001 % by weight) where they are present in polytetrafluoroethylene (PTFE) micropowders produced by ionising irradiation or by thermal degradation as well as in mixtures and articles for industrial and professional uses containing PTFE micropowders until 18 August 2023. All emissions of PFOA during the manufacture and use of PTFE micropowders shall be avoided and, if not possible, reduced as far as possible. The limit of 1 mg/kg (0,0001 % by weight) shall apply only to manufacture, placing on the market and use of PFOA and its salts where they are present in PTFE micropowders that are transported or treated for the purpose of reducing the concentration of PFOA and its salts below the limit of 0,025 mg/kg (0,0000025 % by weight).’
  • In point 5, , subpoint (e) is deleted which allowed the manufacturing the use of PFOA, its salts and related compounds in the manufacture of polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF) for the production of
    • high-performance, corrosion-resistant gas filter membranes, water filter membranes and membranes for medical textiles
    • industrial waste heat exchanger equipment
    • industrial sealants capable of preventing leakage of volatile organic compounds and PM2.5 particulates

This Regulation shall enter into force on 18th May 2023 and shall apply from 18th August 2023.

For more information, consult the official publication on European Commission website here.

For information on how Eurofins Sustainability Services can help you comply with these regulations contact us or follow the relevant links below

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