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July 15, 2020

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Five European Countries to Propose PFASs REACH Restriction; Request Comments

Germany, Netherlands, Norway, Sweden, and Denmark plan to propose a joint REACH restriction to limit the manufacture and use of per- and polyfluoroalkyl substances (PFASs). As a preliminary step, the national authorities of these countries have issued a request for data on the products and mixtures containing PFASs currently being used and produced in the European Union, and products using alternatives to PFASs. The call for data is open until July 31, 2020. (An announcement about the call for data and the forthcoming PFAS restriction proposal can be found on ECHA’s website.)

Once the data is collected, the national authorities from the five countries will prepare the restriction proposal (Annex XV dossier). It is anticipated that preparation of the restriction proposal will take two years. The possible date of entry into force of the restriction is expected in 2025, according to ECHA.

The manufacture and use of some PFAS, including perfluorooctanoic acid (PFOA) and its salts, are already restricted under REACH. There are also restriction proposals for various PFASs by Germany, Sweden, and Norway. In addition, perfluorooctane sulfonate (PFOS) has been restricted for 10 years under the EU’s Persistent Organic Pollutants (POPs) Regulation. (For more information on current and potential future restrictions on PFAS in the EU, see ECHA’s webpage on PFAS.)

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 142

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