From the Sector

More than 4 400 organisations, companies and individuals submitted comments and information on the proposal to restrict per- and polyfluoroalkyl substances (PFAS) in the European Economic Area.

At the end of the consultation on 25 September, ECHA had received more than 5 600 comments from more than 4 400 organisations, companies and individuals.

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 submitted during the consultation are already published on ECHA’s website. Information indicated as confidential by the consultee is not made public. Comments received very close to the deadline are currently being processed and will be published shortly.

Next steps
RAC and SEAC are evaluating the proposed restriction and considering the relevant information received through the consultation. The committees develop their independent, scientific opinions over a series of meetings, where draft opinions are discussed. Attention is given to all aspects and impacted sectors.

ECHA will deliver the final opinions to the European Commission in the shortest possible timeframe, while ensuring proper scrutiny by the scientific committees. Once the committees adopt their opinions, they will be communicated to the public.

The Commission, together with the EU Member States, will decide on the restriction.

Background
The restriction proposal was prepared by authorities in Denmark, Germany, the Netherlands, Norway and Sweden. It was submitted to ECHA on 13 January 2023. It aims to reduce PFAS emissions into the environment and make products and processes safer for people. The six-month consultation ran from 22 March to 25 September 2023.

Further information
•    Consultation comments
•    Restriction on the manufacture, placing on the market and use of PFAS
•    Topical page on PFAS
•    REACH restriction process

• Harmful PFAS chemicals, used in thousands of consumer products, are shaping up to be the big environmental and health threat of our time. The EU is now the first in the world to propose a broad ban on these chemicals.
• Consumer brands worth more than €130 billion support the ban on PFAS.  
• Investors with assets in PFAS-producing companies are calling for an end to production.

Many companies are taking a stand against PFAS chemicals as the EU invites the public to give its opinions on the proposed ban on these harmful chemicals.

108 companies dedicated to phasing out PFAS chemicals from products and processes have joined the PFAS Movement, an advocacy campaign initiated by environmental NGO ChemSec that calls for comprehensive regulation of PFAS in the EU. The members comprise many well-known brands, such as Inditex, Urbanears and the Cookware Company, representing various industries— fashion, home goods, food, and personal care. The members are worth more than €130 billion in total revenue.

“A European ban on PFAS chemicals will have huge repercussions for all manufacturing industries and require much work for companies in the global supply chain. However, some parts of the industry oppose this ban, claiming that the change is too big to be justified. That’s why the support for a ban from such influential consumer brands as those in the PFAS Movement is so important. It’s a strong sign that businesses want to eliminate PFAS chemicals in products and processes”, says Anne-Sofie Bäckar, Executive Director at ChemSec.

A Hollywood Helping Hand
ChemSec’s PFAS Movement is not only supported by the brands but also by Hollywood actor Mark Ruffalo who became a PFAS activist after his involvement in the film Dark Waters. The film depicts the real-life events following the massive uncovering of PFAS contamination in the USA. As a result, several PFAS producers in the USA are now involved in multimillion-dollar lawsuits.

The health and environmental threats of PFAS, along with all the lawsuits, have also created attention among another influential group: institutional investors. Last year, 47 institutional investors with US$8 trillion in assets sent a letter to 54 chemical companies named by ChemSec, calling for them to halt the production of persistent “forever chemicals”.

The EU ban on PFAS
The proposed EU ban on PFAS is extensive and the first of its kind worldwide. The idea was initially initiated by Sweden, Denmark, the Netherlands, Germany and Norway, who have spent almost three years mapping the implications of a ban on PFAS chemicals in a dossier that expands over nearly 2000 pages. The proposal shows, among other things, that the emissions of PFAS were 75 000 tonnes in 2020. If this continues, the emissions are expected to sit at 4.4 million tonnes in 30 years. The emissions originate from the production and use of the many products that contain PFAS; furniture, cosmetics, electronics and many more.

The Global Organic Textile Standard is pleased to announce the release of GOTS Version 7.0, which features an expanded scope of environmental and social criteria while maintaining a standard that is practicable for industrial production and appropriate for a wide range of products. During the regular year-long revision process, international stakeholders with expertise in organic production, textile processing, textile chemistry, human rights and social criteria, as well as representatives from industry, NGOs and civil society organisations, contributed to the new Version 7.0 through multiple consultation rounds. Final decisions were made by the multistakeholder GOTS Standard Revision Committee.

GOTS Version 7.0 provides a comprehensive solution for companies who want to produce organic textiles ensuring compliance with environmental and human rights due diligence along the entire supply chain, from field to finished product. With full traceability from origin to destination, GOTS certification provides an efficient means of verifying genuine sustainability efforts. GOTS 7.0 introduces new requirements to conduct risk-based due diligence of Certified Entities’ own operations and their supply chains based on the UN Guiding Principles for Business and Human Rights and the OECD guidelines. The Social Criteria section was substantially revised to include a broader human rights-focused approach. GOTS 7.0 now allows recycled organic fibres as additional materials. Key requirements, such as certified organic fibre content, a general ban on toxic and harmful chemicals such as PFAS, conventional cotton and virgin polyester restrictions, and social compliance management, are maintained in GOTS Version 7.0.

Some of the changes in Version 7.0 include:

• GOTS and the Manual for the Implementation of GOTS were restructured, and sections were grouped to reflect the standard’s scope.
• New due diligence criteria ensures that Certified Entities address their actual and potential negative impacts on human rights and the environment.
• GOTS Environmental Criteria, Product Stewardship, and Environmental Health and Safety (EHS) requirements will also apply to the subcontractors of chemical formulators.
• Criteria for the incoming organic material have been made stricter.
• Quinoline is included among the prohibited substances and some existing restrictions have been made tighter such as of “aniline, free”, residue limit is decreased to 20 mg/kg from 100 mk/kg.
• GOTS 7.0 reduces the permissible quantity of recycled synthetic (polymer) fibres in its certified products, taking into account the disadvantages associated with recycled synthetics, such as microplastics and poor quality.
• In the pursuit of circularity, GOTS will allow use of recycled GOTS Goods waste as an additional fibre in its certified products.
• GOTS Human Rights and Social Criteria will now require Certified Entities to respect internationally recognised human rights protocols, including the International Bill of Human Rights and other international human rights treaties.
• Criteria concerning Discrimination, Violence and Harassment were revised to make them more comprehensive and include the International Labour Organisation (ILO) Violence and Harassment Convention (C190).
• Certified Entities are now required to develop a plan to cover the living wage gap.
• GOTS Occupational Health and Safety criteria were revised to consider best international practices and recommendations from the ILO.

For more information, see the following documents:

• GOTS Version 7.0
• Change Log GOTS 7.0
• Change Log Manual for the Implementation of GOTS 7.0
• Guideline for the new structure of GOTS 7.0

The EU's plans to ban PFAS (per- and polyfluoroalkyl substances) chemicals will have an immense impact on companies globally. Perhaps even more than expected, as many manufacturers are unaware that they may have PFAS chemicals in their product line. A new online tool, launched today by NGO ChemSec, will help to solve this problem.

Just a couple of weeks after the big PFAS restriction proposal in the EU was published, ChemSec launches the PFAS Guide, which helps companies investigate the use of persistent chemicals within their businesses. The main feature of the PFAS Guide is the searchable database uncovering different PFAS uses and functions. The online tool also provides guidance on different aspects of the phase-out process from regulation and investigation all the way to testing and supply chain communication.

“We’ve been working to support companies in chemical substitution for a long time, and the last few years we’ve gathered a group of companies working specifically on the PFAS issue. The discussions with them made it clear to us that a main challenge is understanding if and where in your business you may have PFAS”, says Dr. Anna Lennquist, Project Leader for the PFAS Guide.

PFAS are a source of growing concern
It has been estimated that 95 percent of all manufactured goods rely on some form of industrial chemical process. A large share of the chemicals used in these processes have been linked to adverse impacts on human health and the environment. PFAS are a clear example of this problem. PFAS have been manufactured and used in products such as make-up, non-stick pans, water- and greaseproof textiles, food-packaging materials, and firefighting foam since the 1950s and are still used in a wide variety of products around the world today.

But they are also substances of growing concern due to their problematic properties. Per- and polyfluorinated alkyl substances (PFAS) are a group of several thousand man-made chemicals that accumulate in the environment and cause health impacts for generations. They are, for example, linked to cancer, lung disease, diabetes, reproductive abnormalities and learning difficulties. Since PFAS do not degrade, these “forever chemicals” are now so widespread that is safe to say that every single human being on the planet have detectable levels of these toxic chemicals in their blood.

A couple of weeks ago, a big proposal to restrict PFAS in the EU was published. The five EU Member States behind the proposal submitted a broad restriction proposal that clearly shows the need for the industry to put all resources into phasing out all PFAS substances.

The Committees for Risk Assessment and Socio-Economic Analysis support Germany’s proposal to restrict the use of undecafluorohexanoic acid (PFHxA) and related substances. The potential restriction is expected to reduce further environmental and human exposure to these chemicals resulting mainly from uses in food contact materials, textiles and fire-fighting foams.

The Committee for Socio-Economic Analysis (SEAC) has adopted its final opinion on Germany’s proposal to restrict undecafluorohexanoic acid (PFHxA), its salts and related substances. This follows an earlier opinion by the Committee for Risk Assessment (RAC) in June 2021 to restrict these substances that are very persistent and mobile in the environment and can damage the human reproductive system.

RAC supported the proposed restriction for uses where it is not possible to minimise emissions through other means, especially for consumer uses in food contact materials and textiles as well as for fire-fighting foams used by municipal fire departments and at home.

SEAC considers that a restriction of PFHxA is, in general, an appropriate measure to address the identified risks and to ensure a consistent level of protection for people and the environment across the EU. However, while SEAC concluded that a restriction on certain uses was likely to be proportionate (e.g. textiles in consumer apparel, paper and cardboard in food contact materials and cosmetic products), uncertainties in the available information prevented SEAC from concluding that the proposed restriction as a whole was the most appropriate means to address the identified risk.

During their meetings, SEAC also adopted its opinion on the French proposal to restrict substances in single-use baby diapers, and RAC adopted 11 opinions on harmonised classification and labelling. In addition, RAC and SEAC adopted an opinion on an application for authorisation on the use of chromium trioxide and sodium dichromate for passivation of electrolytic tinplate, and RAC agreed on six and SEAC on five draft opinions on applications for authorisation mostly on electroplating uses of chromium (VI) substances. More about these and other topics can be found in the annex.