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POPs regulations will delete some specific exemptions for PFO Class A substances

Time：

2023-03-08

POPs regulations will delete some specific exemptions for PFO Class A substances

On February 24, 2023, the European Commission adopted the revision of the EU POPs regulation on the concentration of PFOA and its salts and related substances as unintentional trace pollutants in substances, mixtures and articles, and decided to delete some specific exemptions that are no longer required by the EU. This revision mainly affects the relevant products using polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF), and relevant enterprises need to pay attention. It should be noted that the main control requirements for PFOA and its salts and related substances have not changed: PFOA and its salts in substances, mixtures or articles ≤ 0.025 mg/kg; PFOA-related substances in substances, mixtures or articles ≤ 1 mg/kg. The content to be revised is the requirements for some specific products, see below.

Relevant provisions (revised)

3. For the purpose of this entry, the exemption of Article 4 (1) (b) applies to PFOA-related substances with a concentration equal to or less than 20 mg/kg (0.002% by weight), which exist in the substances used as separable intermediates in transportation referred to in Article 15 (c) of Article 3 of 1907/2006 (EC) and meet the strict control conditions specified in Article 18 (4) (a) to (f) of this Regulation, and are used to produce fluorinated compounds with a perfluorocarbon chain of less than or equal to 6 atoms. The exemption shall be reviewed and evaluated by the Committee no later than August 25, 2023.

Main points of revision: Article 3 revised the time of exemption review and evaluation

4. For the purpose of this entry, the exemption of Article 4 (1) (b) applies to the concentration of PFOA and its salts in the presence of polytetrafluoroethylene (PTFE) micro-powder produced by ionizing radiation or thermal degradation and mixtures and articles containing polytetrafluoroethylene micro-powder for industrial and professional purposes, which does not exceed 1 mg/kg (0.0001% by weight) until July 5, 2022. All PFOA emissions during the manufacture and use of PTFE powder should be avoided, and if not completely avoided, should be minimized. From July 6, 2022, the limit value of 1 mg/kg (00001 weight%) is only applicable to the manufacture, marketing and use of PFOA and its salts in the transport or treatment of PTFE micropowder, with the purpose of reducing the concentration of PFOA and its salts to below the limit value of 0.025 mg/kg (00000025 weight%);

Main points of revision: replace all the contents of Article 4

5. Considering the exemption, the production, marketing and use of PFOA and its salts and PFOA-related compounds should be allowed for the following purposes:

(a) Photoetching or etching process in semiconductor manufacturing industry, until July 4, 2025;

(b) Use photographic coating on the film until July 4, 2025;

(c) Oil-proof and waterproof textiles used to protect workers from dangerous liquids that endanger their health and safety, until July 4, 2023;

(d) Invasive and implantable medical devices, until July 4, 2025;

Main points of revision: Item (e) in Article 5 is deleted