EU Enforcement Reveals Compliance Gaps in Restricted Substances for Cosmetics
EU enforcement reveals compliance gaps in restricted substances for cosmetics, with PFAS and siloxanes under scrutiny.
Key takeaway
What this development means
The European Commission has proposed extending the exemption for perfluorooctanoic acid (PFOA) in firefighting foams under Regulation (EU) 2019/1021, allowing its use until 3 December 2025 instead of the previous 4 July 2025 deadline. This extension aims to give industries facing compliance challenges more time to transition from PFOA-based foams to fluorine-free alternatives. Additionally, the regulation sets a new limit for unintentional trace contaminants (UTC) of PFOA at 10 mg/kg in existing foams and in fluorine-free foams used after cleaning old systems. The proposed changes, which also remove certain periodic review requirements, are open for public feedback until 6 December 2024.
Why is the EU extending the exemption for PFOA in firefighting foams?
The EU is extending the exemption to address challenges that industries have encountered in meeting the original phase-out deadline. Many operators report difficulties in measuring PFOA levels and managing existing stock. By extending the deadline to 3 December 2025, the EU provides companies more time to replace PFOA-containing foams with fluorine-free alternatives, reducing the risk of substituting with other PFAS-based foams that still have environmental impacts.
What are the new unintentional trace contaminant (UTC) limits for PFOA in firefighting foams?
The proposed amendment sets a specific UTC limit of 10 mg/kg for PFOA in firefighting foams currently installed for liquid fuel fires and in fluorine-free foams used in cleaned systems. This limit, in effect for three years, aims to prevent contamination of new foams from residual PFOA in systems that previously used PFOA-based foams.
The European Commission has proposed amendments to Regulation (EU) 2019/1021 to extend exemptions and adjust limits on perfluorooctanoic acid (PFOA), its salts, and related compounds in firefighting foams, citing operational challenges in compliance. The Commission opened a public consultation from 8 November to 6 December 2024 to gather feedback on these revisions, which primarily address deadlines and technical limits for PFOA in fire safety applications.
Background and Purpose of the Proposed Amendment
PFOA, classified as a persistent organic pollutant (POP), is heavily restricted in the EU under the Stockholm Convention. However, certain industries have faced challenges meeting the established 2025 phase-out deadline. These challenges include difficulties in detecting PFOA levels in existing firefighting foams and the complex processes involved in replacing foam systems. The draft regulation aims to alleviate these difficulties by extending the deadline for specific PFOA uses to 3 December 2025, the maximum extension allowed under the Convention.
Key Provisions in the Amendment
Extension of Exemption Deadline
The draft regulation proposes extending the exemption for using PFOA-containing firefighting foams from 4 July 2025 to 3 December 2025. This extension applies to systems already installed to suppress liquid fuel vapours and Class B fires, ensuring adequate time for operators to transition to fluorine-free alternatives without inadvertently switching to other fluorinated options.
New Unintentional Trace Contaminant (UTC) Limits
Recognising potential PFOA residuals from past applications, the amendment sets a specific UTC limit of 10 mg/kg for PFOA in firefighting foams already in place. This limit will remain effective for three years, granting operators time to implement replacements. Additionally, the regulation proposes the same limit for fluorine-free foams used after cleaning existing systems, mitigating contamination risks from residual PFOA.
Removal of Review Obligations
The amendment proposes eliminating the requirement for periodic reviews of UTC limits for certain medical devices and transported isolated intermediates. This change aims to streamline regulatory requirements and reflects a lack of new data necessitating further revisions.
Implications for Industry and Stakeholders
This regulation acknowledges operational complexities in replacing PFOA-containing firefighting foams across Europe, especially for industries with substantial inventory and compliance hurdles. By providing a feasible transition period, the Commission anticipates improved adherence to POP regulations, promoting a gradual shift to fluorine-free alternatives rather than temporary PFAS-based substitutes.
Source:
ec.europa.eu
Get weekly regulatory updates:
Related Articles
EU Enforcement Reveals Compliance Gaps in Restricted Substances for Cosmetics
China Seeks Industry Input on Long-Chain PFCA List under Stockholm Convention
New Report Claims Corporate Lobbying Threatens EU PFAS Restrictions
China Seeks Industry Input on Long-Chain PFCA List under Stockholm Convention
China invites public comment on its first long-chain PFCA list under the Stockholm Convention—key input deadline looms for manufacturers.
New Report Claims Corporate Lobbying Threatens EU PFAS Restrictions
Explore the CEO's report alleging corporate lobbying against EU PFAS restrictions. Discover the claims, implications, and calls for transparency.
