On Thursday, 26 March, the European Chemicals Agency (ECHA) recommended that there be an EU-wide restriction on per- and polyfluoroalkyl substances (PFAS) while also including targeted derogations and control measures to limit the persistent risks they pose to human health and the environment (see EUROPE 13797/20) in this restriction.
The Committee for Risk Assessment (RAC), in its final opinion (https://aeur.eu/f/lcq ), and the Committee for Socio-economic Analysis (SEAC), in its draft opinion (https://aeur.eu/f/lcr ), advocate taking regulated European action on the manufacture of PFAS – also known as ‘forever chemicals’ – as well as their placement on the market and their use.
The committees stress that any and all restrictions should be accompanied by effective measures to reduce these chemicals’ emissions.
The RAC believes that PFAS present growing risks. These substances are extremely persistent; they spread over long distances and contaminate soil and groundwater. In addition, some of them can cause cancer or reproductive disorders. According to the committee, the existing regulatory measures are not sufficient to control these emissions, thus justifying heightened action at the European level. The RAC recommends risk management measures if derogations for certain uses are granted. Among them are specific management plans for industrial sites, emissions monitoring, communication within the supply chain, clear labelling for consumers, and instructions for safe use and disposal. The committee also calls for PFAS emissions to be reported to the ECHA.
The SEAC points out that PFAS are used in numerous sectors across Europe, making harmonised action necessary to avoid trade distortions. The committee’s draft opinion recommends targeted derogations for certain uses in cases where it has been proven that there are no alternatives and where it is justified by the cost-benefit analysis. The SEAC also supports risk management measures for derogated uses but indicates that it is not yet possible to confirm whether these measures are proportionate.
The SEAC’s draft opinion is now subject to a 60-day public consultation during which stakeholders will be able to submit additional evidence. The SEAC is expected to adopt its final opinion by the end of 2026, which will conclude the ECHA’s evaluation.
The opinions will then be submitted to the European Commission, which will prepare a legislative proposal that EU Member States will debate and vote on in the REACH Committee.
As for European Commissioner for [the] Environment Jessika Roswall, she acknowledged that these would be “difficult discussions” for products that are not directly aimed at consumers. She welcomed the European experts’ initial opinion: “We support the transition away from forever chemicals. As always, any new rules need to be simple by design and give certainty, clarity, and predictability for consumers as well as businesses.”
More information: https://aeur.eu/f/lco (Original version in French by Lionel Changeur)