EU PFAS Restriction Delayed by Complicated Analysis

The decision on the restriction of PFAS has been delayed by the EU until 2025, at least. The proposed ban, put forth in February 2023 at the request of Germany, Denmark, The Netherlands, Sweden, and Norway, would effectively ban the use of all PFAS. The proposed ban is due to the toxic nature of some PFAS combined with the persistence of all PFAS, the so-nicknamed “forever chemicals.”

While generally agreed by all sides that some PFAS are toxic, evidenced by a recent PFAS phase-out announcement and a $10.3 billion settlement by 3M and a $1.19 billion settlement in the US by DuPont, Corteva, and Chemours, the chemicals are also widely used in a host of carbon reducing technologies that support other EU legislation. In short, the debate on the restriction of the use of PFAS is based upon a balance between making products and processes safer for humans and identifying that the restriction may be too broad and restricts chemicals with no known alternatives that are used in decarbonization technologies.

Certain science-based targets (SBTi) and proposed regulations, as well as the decarbonization technology they support, could be directly affected by a broad PFAS ban. Current decarbonization technologies using PFAS include electric car batteries, heat pumps, hydrogen fuel production and transport, and wind turbines. Regulations disrupted by this ban would include the EU Green Deal, the REPowerEU proposal, and the “Fit for 55 by 2030” package.

While the EU, and more specifically European Chemicals Agency (ECHA) and the European Council (EC), weighs its position on PFAS in advance of a recommendation (presumably to be published in 2024), the European Chemical Industry Council (CEFIC) is coordinating a lobbying effort for manufacturers and users of PFAS.

Looking further out, a decision may be made relative to some level of PFAS-restriction, including specific exempted or allowable uses, by 2025. This would result in an effective date in 2026 and an 18-month transition period that would potentially affect manufacturers and products in the middle of 2027.

QPoint continues to monitor these emerging restrictions and regulations. Green Data Exchange, GDX, can be used today to determine if you are currently using PFAS in your products. Using a solution like GDX will help you drive stability to your supply chain. Identify potential risks from hazardous chemicals, like PFAS, and proactively manage your compliance. Create value for your organization and your customers while also creating an advantage over competitors with reactive policies. Learn more about GDX at qpointtech.com.