Public responds to PFAS restriction proposal

The consultation period for the proposal to restrict per- and polyfluoroalkyl substances (PFAS) in the European Economic Area ended Sept. 25, 2023. Authorities from Denmark, Germany, the Netherlands, Norway and Sweden prepared the proposed restrictions in an 1,800-page document. The Helsinki-based European Chemicals Agency (ECHA) published the proposal in February this year, and the six-month consultation period began March 22.

Now the ECHA announced it received more than 5,600 comments on the proposal, from over 4,400 organizations, companies and individuals. The association said the comments will be checked by ECHA's scientific committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC), and those providing relevant evidence-based information will be considered in the opinion making process. The five countries who prepared the initial proposal will also review the consultation input and may update their initial proposal based on it.

Many comments are already published on the ECHA website. Comments received very close to the deadline are currently being proceed and will be published shortly, according to the ECHA. The association does not make public information indicated as confidential by the consultee.

The proposed restriction includes a broad range of 10,000 PFAS. In its simplest terms, the proposal bans the manufacture, marketing and use of PFAS above set limits, in combination with other substances or in mixtures as well as in articles. The common element among the PFAS covered in the proposal is the fluorine-carbon bond, one of the strongest bonds in organic chemistry. Once released, the material can remain in the environment for decades, even centuries.

The PFAS proposal carries two options, the first being a full ban that would take effect 18 months after the restriction is put into law. The second would include some time-limited, use-specific derogations.

As for next steps, the RAC and SEAC are currently evaluating the proposed restriction and considering the relevant information received through the consultation. The ECHA will deliver the final opinions to the European Commission. The committees’ opinions will be communicated to the public once adopted. The European Commission, together with the EU member states, will decide on the restriction, which is likely to take effort toward the second half of 2027.