On June 15, 2020, the European Union (EU) published Regulation (EU) 2020/784, amending Part A of Annex I of Regulation (EU) 2019/1021 on persistent organic pollutants (POP Recast) to include perfluorooctanoic acid (PFOA), its salts, and PFOA-related compounds, with specific exemptions for intermediate use or other specific applications.
According to the definitions in the new law, PFOA, its salts, and PFOA-related compounds include:
- PFOA, including its branched isomers
- Its salts
- PFOA-related compounds, which are substances that degrade to PFOA, including substances that have a linear or branched perfluoroheptyl group ((C7H15) C) as one of the structural elements.
The “specific exemption for intermediate use or other specific applications” includes multiple exemptions. In addition to the exemptions listed in Table 1 below, these include:
- Allowing the use of perfluorooctyl bromide containing perfluorooctyl iodide in the manufacture of pharmaceuticals
- Allowing the use of articles containing PFOA, its salts, and PFOA-related compounds that are already in use before July 4, 2020
According to preamble point 7, higher concentration limits should be established for applications that cannot meet the set values of 0.025 mg/kg for PFOA and its salts and 1 mg/kg for individual PFOA-related compounds or a combination of such compounds, subject to review by the Commission within two years to reduce the limits.
The provisions of the latest POP Recast amendment will come into effect on July 4, 2020—the same date the restriction on PFOA, its salts, and PFOA-related compounds would typically apply under entry 68 of Annex XVII to Regulation (EC) 1907/2006 (entry 68 of Annex XVII to REACH, SafeGuardS 97/17).
It is important to note that the Commission is now planning to eliminate entry 68 of Annex XVII to REACH as PFOA, its salts, and PFOA-related compounds are now regulated by the POP Recast.
Exemptions for Specific Categories Until July 4, 2023:
- Textiles for worker protection against dangerous liquids
- Manufacture of polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF) for specific applications
Exemptions for Specific Categories Until July 4, 2025:
- Photolithography or etching processes in semiconductor manufacturing
- Photographic coatings applied to films
- Invasive and implantable medical devices
- Firefighting foams for Class B fires that are already installed in systems, subject to certain conditions
For more detailed information on these regulations and how they might affect your products, download our comprehensive white paper on PFOA regulations or contact our experts through the form at the bottom of this page.
