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Exemption clauses for PFOA in EU revised POPs regulations


Time:

2023-05-08

Exemption clauses for PFOA in EU revised POPs regulations

On April 28, 2023, the Official Journal of the European Union published Revised Regulation (EU) 2023/866 on POPs regulations, which came into effect on the 20th day after its publication and directly applied to all member states from August 18, 2023, with overall binding force.


This revised regulation mainly amends the exemptions for points 3, 4, and 5 of PFOA in POPs regulations. The updated content can be found in the yellow marked section:

 

Current regulatory exemptions

Revised Regulation (EU) 2023/866 Exemption

3. For the purpose of this article, the exemption from Article 4 (1) (b) applies to PFOA related substances with concentrations equal to or less than 20mg/kg (0.002%) used as transferable separation intermediates referred to in Article 3, point 15 (c) of 1907/2006 (EC), and meeting the strict control conditions specified in Articles 18 (4) (a) to (f) of this regulation, for the production of substances with carbon chains less than or equal to 6 atoms of fluorinated compounds. The committee should review and evaluate this exemption no later than July 5, 2022.

3. For the purpose of this article, the exemption from Article 4 (1) (b) applies to PFOA related substances with concentrations equal to or less than 20mg/kg (0.002%) used as transferable separation intermediates referred to in Article 3, point 15 (c) of 1907/2006 (EC), and meeting the strict control conditions specified in Articles 18 (4) (a) to (f) of this regulation, for the production of substances with carbon chains less than or equal to 6 atoms of fluorinated compounds. The committee should review and evaluate this exemption before August 25, 2023.

44. For the purpose of this article, the exemption of Article 4 (1) (b) applies to polytetrafluoroethylene (PTFE) micropowder produced by ionizing radiation or thermal degradation with a concentration of PFOA and its salts not exceeding 1mg/kg (0.0001% by weight), as well as mixtures and articles containing PTFE micropowder for industrial and professional purposes. During the manufacturing and use of polytetrafluoroethylene powder, all emissions of PFOA should be avoided, and if not possible, should be minimized as much as possible. The committee should review and evaluate this exemption no later than July 5, 2022.

4. For the purpose of this article, the exemption of Article 4 (1) (b) applies to polytetrafluoroethylene (PTFE) micropowders produced by ionizing radiation or thermal degradation with concentrations of PFOA and its salts not exceeding 1mg/kg (0.0001% by weight), as well as mixtures and articles containing PTFE micropowders for industrial and professional purposes, until August 18, 2023. During the manufacturing and use of polytetrafluoroethylene powder, all emissions of PFOA should be avoided, and if not possible, should be minimized as much as possible. The limit of 1mg/kg only applies to the production, marketing, and use of PFOA and its salts, provided they are present in transported or treated polytetrafluoroethylene micropowders, and the aim is to reduce the concentration of perfluorooctanoic acid and its salts to below the limit of 0.025mg/kg.

5. As an exemption, it is allowed to produce, market, and use PFOA, its salts, and PFOA related compounds for the following purposes:
(a) Photoetching or etching processes in the semiconductor manufacturing industry, until July 4, 2025;
(b) Using photographic coatings on the film until July 4, 2025;
(c) Oil resistant and waterproof textiles used to protect workers from hazardous liquids that harm their health and safety, until July 4, 2023;
(d) Cut-in and implantable medical devices, until July 4, 2025;
(e) The manufacturing of polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF) for the production of: (i) high-performance corrosion-resistant gas filter membranes, water filter membranes, and filter membranes for medical textiles; (i) Industrial waste heat exchanger equipment; (iii) Industrial sealant capable of preventing the leakage of volatile organic compounds and PM2.5 particles; Until July 4, 2023.

5. As an exemption, it is allowed to produce, market, and use PFOA, its salts, and PFOA related compounds for the following purposes:
(a) Photoetching or etching processes in the semiconductor manufacturing industry, until July 4, 2025;
(b) Using photographic coatings on the film until July 4, 2025;
(c) Oil resistant and waterproof textiles used to protect workers from hazardous liquids that harm their health and safety, until July 4, 2023;
(d) Cut-in and implantable medical devices, until July 4, 2025.
(e) Delete the content.

 

POPs regulations are developed to fulfill the commitments of the International Telecommunication Union under the Stockholm Convention on Persistent Organic Pollutants and the 1979 Protocol to the Convention on Long Range Transboundary Air Pollution of Persistent Organic Pollutants. POPs, abbreviated as Persistent Organic Pollutants in Chinese, refer to highly toxic, difficult to degrade in the environment, bioaccumulative, and capable of long-distance cross-border migration through air, water, and migratory species, settling in areas far from other discharge sites, and accumulating in terrestrial and aquatic ecosystems.

 


Regulatory text link:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2023.113.01.0005.01.ENG&toc=OJ%3AL%3A2023%3A113%3ATOC

 

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