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EU POPs regulation intends to lower PFOS limits and cancel specific exemptions!

Time：

2023-12-25

The European Union has released a revised draft of Annex I to the POPs Regulation (EU) 2019/1021, which aims to reduce the maximum allowable concentration of unintentional trace pollutants (UTC) in substances, mixtures, and items, including perfluorooctane sulfonate (PFOS) and its derivatives, and to cancel the last specific exemption allowed by the EU.

Material Name

Current substance definition:

Perfluorooctane sulfonic acid and its derivatives (PFOS)

C8F17SO2X (X=OH, metal salts (O-M+), halides, amides, and other derivatives, including polymers)

Definition of substance to be replaced:

PFOS and its salts and related substances

C8F17SO2X (X=OH, metal salts (O-M+), halides, amides, and other related substances, including polymers)

Control requirements

Current regulatory control requirements

Control requirements in the proposed revised draft

For this article, Article 4 (1) (b) shall apply to substances or mixtures with a PFOS concentration ≤ 10 mg/kg (0.001% by weight).

2. For this article, the exemption in Article 4 (1) (b) applies to semi-finished products or items and their components with PFOS content ≤ 0.1%, with reference to the mass of parts with different PFOS structures or microstructures calculated by weight ratio, or the exemption applies to coating materials with PFOS content<1 μ G/m2 of textile or other coating materials.

3. The third and fourth paragraphs of Article 4 (2) apply to items containing PFOS that were already in use before August 25, 2010.

4. If the amount released into the environment has been minimized to the greatest extent possible, it is allowed to manufacture and launch anti fog agents for non decorative hard chromium (VI) coatings in closed-loop systems before September 7, 2025. If member states report to the European Commission on the progress and evidence of eliminating PFOS, as well as the reasonableness of its continued use, before September 7, 2024, the European Commission will review whether it is necessary to extend it for a maximum of 5 years. If this exemption involves the production and use of products within the scope of 2008/1/EC, it should be used to prevent and reduce PFOS emissions in accordance with the best available technical information published in Article 17 (2) of the 2008/1/EC Directive.

5.Once the European Committee for Standardization (CEN) approves the standard, it should be used as an analytical testing method to demonstrate that substances, mixtures, and items meet the requirements of points 1 and 2. Users can also replace CEN standards with standards that can prove equivalence.

1. For the purpose of this article, Article 4 (1) (b) shall apply to substances, mixtures or articles in which the concentration of PFOS or any of its salts is ≤ 0.025 mg/kg (0.0000025% by weight).

2. For the purpose of this article, Article 4 (1) (b) shall apply to a concentration of ≤ 1 mg/kg (0.0001% by weight) of all PFOS related substances in a substance, mixture or article.

3. The third and fourth paragraphs of Article 4 (2) apply to items containing PFOS that were already in use before August 25, 2010.

The original points 4 and 5 have been deleted.

If the proposal is passed, it means that the EU's special exemption limit for PFOS will be stricter.