ECHA committees support PFAS restriction

ECHA’s Risk Assessment and Socio-Economic Analysis Committees (RAC, SEAC) have respectively issued final and draft opinions supporting an EU-wide restriction on the manufacture, placing on the market and use of per and poly-fluorinated alkyl substances (PFAS), subject to specific derogations.

This has triggered a 60-day consultation on SEAC’s draft opinion; RAC’s final opinion has already undergone consultation. Stakeholders, including industry, NGOs, researchers and the public, can provide evidence‑based comments via the ECHA website by 25 May, which will be considered in formulating a final opinion by the end of the year. Based on the two final opinions, the EC will then propose a restriction for discussion and vote in the REACH Committee.

SEAC’s draft opinion highlights that PFAS are used in many different applications and that EU-wide action is needed to avoid trade distortions and maintain a level playing field. The committee added that targeted derogations are needed for specific uses, “when this is justified by the available evidence that alternatives are not available as well as by the assessment of costs and benefits, to ensure the restriction remains proportionate”.

The draft opinion also supports introducing risk management measures to minimise PFAS emissions for derogated uses, as previously recommended by RAC. However, based on currently available information, SEAC said that it “cannot conclude whether these specific measures are proportionate”.

RAC concluded that PFAS pose growing risks to people and the environment. They are highly persistent and mobile and contaminate groundwater and soil, while some cause serious health issues, such as cancer and reproductive harm. The regulatory measures currently in place are not sufficient to control their emissions and, therefore, further EU-wide action is needed.

RAC also recommended risk management measures to minimise emissions if decision makers confirm derogations for specific uses. These include site‑specific PFAS management plans for manufacturers and users, including monitoring of emissions, supply‑chain communication on use, clear consumer labelling and instructions for safe use and disposal. RAC also calls for reporting of PFAS emissions from manufacturing and industrial sites to ECHA.

The original restriction proposal was prepared by authorities in the Netherlands, Germany, Denmark, Norway and Sweden, and submitted to ECHA on 13 January 2023. A six-month consultation on this ran from 22 March to 25 September 2023.