Document 4J3jaL9n8mzaygYV1Ov28NnrQ

CCIEP PFAS working group - kick-off meeting - FOD VVVL team REACH - 14/03/2022 1 Agenda Agenda 1.Introduction Discussion 1.1 Short overview of the current policy landscape on PFAS 1.2 CCIEP PFAS Working Group Timeline 10:00 2.Tour de Table 3. PFAS report 4. Information exchange and data gathering: actions to be taken and future planning 2.1 Participants shortly present their competence regarding PFAS and priorities/vision for this working group 10:30 3.1 Present status 3.2 Structure and proposed actions 3.3 Roles, contributions and planning 11:00 4.1 REACH restrictions data gathering 4.2 Contribution of the group to PFAS policy 11:20 4.3 POP inventory obligations 5. AOB and next meeting proposal 4.4 Exchange of info and experience on regional activities 11:50 2 1.1 PFAS Policy Landscape Overview of the current PFAS Policy landscape 3 History of PFAS actions 2006: EU restriction of PFOS (under Dangerous Substance Directive) 2009: PFOS added to the Stockholm Convention on Persistent Organic Pollutants (POP regulation in EU) 2011: PFOA and APFO identified as SVHC + CLP classification 2016: PFNA identified as Substance of Very High Concern (SVHC) + CLP 2017: PFOA added to the REACH restriction list (Annex XVII) 2017: PFDA identified SVHC + CLP 2019: HFPO-DA (Gen-X) identified SVHC 2020: PFOA added to Stockholm Convention 2020: PFBS identified as SVHC 2021: C9-C14 added to the REACH restriction list (enters into force in 2023) 4 2020: Chemical Strategy for Sustainability (CSS) Published in October 2020 Part of the EU Green Deal Several actions on chemicals envisaged: Review of REACH and CLP Take action on the "cocktail effect" ... Phase out of all PFAS in the EU, except for "essential uses" 5 CSS: EU PFAS strategy Goal: minimization of exposure of humans and environment to PFAS, taking into account the complete life-cycle of these substances Proposed actions: Take action on PFAS as a group Phasing out all PFAS, except for essential uses, until safer and sustainably alternatives are available Development of limit values for all relevant EU legislation Take action on effective enforcement (Bio)monitoring, researching alternatives, developing new analytical methods, etc. PFAS SWD 6 Ongoing and planned actions in Chemical legislation POP Regulation (Stockholm Convention) Adapting/deleting PFOA and PFOS exemptions Addition of PFHxS and related substances Proposal to add C9-C21 (long-chain) PFAS by Canada REACH restrictions PFHxA and related substances (final scientific opinions is being developed) March 2022: Restriction proposal of PFAS in fire fighting foams January 2023: Proposal for restricting all PFAS (CSS) Review of REACH regulation Polymer registration (fluopolymers) Adapting the restriction and authorisation process Adding essential use concept? (CSS) Review of CLP regulation New CLP hazard classes (vPvM, PMT) (CSS) Developing new PFAS limit values in Drinking Water Directive, Food regulation, ... 7 Other EU and international PFAS related policy actions Sector specific Food Contact Materials (FCM) Plant Protection Products (PPP) Water Drinking water Directive (DWD) Groundwater Directive (GWD) Water Framework Directive (WFD) ... Product policy Ecolabel Sustainable Product Initiative (SPI) Food EFSA opinion Food contaminants regulation Industrial Emissions Directive (IED) BAT E-PRTR Waste Soil International PIC OECD PFC group OSPAR SAICM Research Horizon Europe ... Competences in Belgium are divided 8 1.2 CCIEP PFAS working group Introduction to the CCIEP working group 9 1.2 CCIEP: Coordination Committee International Environment Policy Belgium competences regarding environment are distributed between the different authorities Regional: drinking water, soil, environmental permits, ... Federal: product policy, food safety, ... Need for coordination between authorities for EU and international policy actions on environment 1995: creation of the CCIEP Created in line with the cooperation agreement between the different authorities Existing of working groups responsible for specific environment related topics For example: CCIEP-Chemicals group 10 2019: Creation of the "short-chain" PFAS working group EU and International policy actions shift from well known long-chain PFAS (PFOA and PFOS) to lesser known short-chain PFAS (PFHxA, PFBS, etc.) Focus on "grouping approach" to tackle the large group of substances Arrow-head approach: target degradation product of large group of substances For example: PFHxA restriction process under REACH: group of substances with PFHxA as degradation product Resulting in a lot of different uses being tackled in risk management measures like restrictions Need for coordinated information gathering and exchange of information between Belgium authorities to follow these policy actions Resulted in the creation of a CCIEP short-chain PFAS working group As a subgroup of the CCIEP-Chemicals working group 11 1.2 Renewal and extension of the CCIEP mandate May 2021: Historical pollution of PFOS near a production site in Zwijndrecht (Antwerp) gets media attention Results in political actions: Joint-Interministerial Conference on Environment and Health (JICEH) of July 8 2021, which requested to: Extend and expand on the mandate of the short-chain PFAS CCIEP working group To inform and optimize different actions being taken in BE Act as national expert body including all relevant authorities in order to share and collect PFAS related data 12 1.2 Renewal and extension of the CCIEP mandate New mandate negotiated and finalized in December 2021 includes: Building of a BE databank on PFAS Exchange of information between authorities to contribute to international actions (REACH restrictions, POPs, etc.) Update the PFAS report Expand from short-chain to all PFAS Current situation and perspectives Exchange of information with other groups to enhance PFAS policy actions Expansion of the composition adding health competences Kick-off meeting organized to start info exchange and identify actions 13 More info presentatie aan de onderzoekscommissie : Adobe Acrobat Document 14 2. Tour de Table Identifying competences and goals for this group by the different participants 15 3.1 CCIEP PFAS report federal public service 16 0 HEALTH, FOOD CHAIN SAFETY AND ENVIRONMENT 3.1 Present status: July 2021 version Initial goal: provide overview of the current situation regarding short-chain PFAS in Belgium Identify the production, use, emissions of these substances in Belgium Provide an overview of PFAS related projects in Belgium To identify actions and perspectives First version was finalized in July 2021 Some disclaimers: This is not a finalized report but an intermediate version of July and therefore not updated with recent data Has been developed as a living document and thus includes incomplete chapters that need completion Intended to be a strategical document for BE info exchange and communication to the JICEH New mandate Update with new data being generated and expand to all PFAS Work on a new version and send out to the JICEH for info 17 3.1 Current discussion/conclusion of the report Decision making on PFAS will be on incomplete (scientific) data Possible effects of actions might be inconsistent with chosen level of protection Synergies between regulations will be important Water, IED, FCM, F-gas, REACH, ... will have to complement each other Actions like essential use, SSbD and new CLP classes will prove to be valuable in regulating these substances , as well as innovation and research of alternatives and green and sustainable chemistry 18 3.2 Structure Overview Hazards and Risk Management Measures BE data on PFAS Import, Production, Uses and Emissions Waste, recycling, re-use Monitoring and research BE risks, forecasts, evolutions (Importance of PFAS in BE) Overview of BE PFAS policy Alternatives to PFAS Discussion and Perspectives 19 3.2 Proposed actions Update with new BE information Add new data on Monitoring Research BE importance of PFAS New policy actions ... Update Discussions and Perspectives Use newly generated data Identify perspectives With contributions from all the working group members 20 3.3 Proposed roles, contributions and planning Pilot and MRB-C First updating Identifying data-gaps and potential contributions from other members Timing: May 2022 Other WG members Contribute to specific information request (monitoring data, policy actions, research, ...) Contribute to the discussion and perspectives (identify knowledge gaps, challenges, ...) Timing: July 2022 Finalize report V2 by September 2022: Send for approval to the CCIEP Chemicals group (GDPC/SGCP) Send to JICEH (GICLG/CIMES) for info Then keep updating yearly with new data and perspectives 21 4. Information exchange and data gathering Contributions to EU and International policy actions 22 4.1 Data gathering for REACH restrictions REACH restrictions: restricting the manufacturing, placing on the market or use of a substance on its own, in a mixture or in an article Need to prove an unacceptable risk to human health or the environment on EU wide basis Needs to include analysis of alternatives and socio-economic impact Restriction process: preparation of dossier (Annex XV) public consultations scientific opinion development decision (https://echa.europa.eu/restriction-process) Ways to contribute to the process Preparation of the dossier: provide relevant information to dossier submitters Hazards, Exposures, Emissions, Uses, Production, Alternatives, Economic data, ... Public consultations Annex XV consultation: provide data on hazards and exposure, ... SEAC draft opinion: provide socio-economic data (available alternatives, costs, etc.) 23 4.1 REACH General PFAS restriction proposal REACH restriction proposal by 4 Member States (NL, DE, SE, DK) and NO Focus on the entire group of PFAS "Substances that contain at least one aliphatic -CF2- or -CF3 element". Persistence as main common concern Only "essential" uses can continue Annex XV proposal planned to be published in 2023 Restriction entering into force: predicted for 2025 24 CF3R R'CF2R'' 4.1 PFAS in firefighting foams Annex XV document has recently been published on the ECHA site (link) Annex XV: Overview of hazards, risks, etc. and proposed restriction Annex to Annex XV: info on manufacturing, hazards, risks, impact assessment, ... Appendix to the Annex XV: info from stakeholder input (cleaning methods, etc.) Public consultation will be 23/03/2022 - 23/09/2022 ECHA will organize an info session on the restriction proposal 5 April Potential actions: Contribute relevant data on PFAS in fire fighting foams Emissions, exposure, alternatives, ... Send in a comment to highlight shortcomings, inconsistencies, etc. 25 4.1 PFHxA restriction PFHxA restriction: opinions of the RAC and SEAC have been finalized December 2021. These will be sent to the Commission shortly. First indications: Taking into account the available information on the proportionality of its socioeconomic benefits to its socio-economic costs, SEAC considers that it has not been demonstrated that the restriction on undecafluorohexanoic acid (PFHxA), its salts and related substances as initially proposed by the Dossier Submitter is the most appropriate Union wide measure to address the identified risks. SEAC considers that a restriction on undecafluorohexanoic acid (PFHxA), its salts and related substances is, in general, an appropriate measure to address the identified risks. However, based on the limited available information on socio-economic impacts and emission estimates, it is not possible to conclude whether the conditions of the proposed restriction, as modified by SEAC, are the most appropriate measure to address the identified risks. Nevertheless, SEAC concluded on the proportionality of a restriction for certain uses, where information on socio-economic impacts was less uncertain. 26 4.1 Data Gathering - proposed actions Pilot: Send out excel file and specific information requests WG Members: Provide data on monitoring, research etc. Provide data on: Emission pathways, release factors and emission quantities Identified uses, use volumes, conditions of use (Bio)monitoring Research on epidemiological studies, occupational exposure, hazards, recycling, ... ... Timeline PFAS in fire fighting foams: Public Consultation 23/03/2022 - 23/09/2022 General PFAS restriction: January 2023 Q to participants: do you have potentially relevant data on PFAS in firefighting foams? 27 4.2 Contribution of the WG to PFAS Policy Goals of this CCIEP WG Expert group to be consulted when a BE position on PFAS is needed under different policy coordination groups Submit expert comments into consultations (REACH restrictions, etc.) ... Inform on and identify actions to be taken under different relevant groups BCR: REACH Cee votes GDPC: actions on chemicals in general REACH-up: development of position papers OECD: contributions to OECD reports ... Q: Suggestions from the participants? 28 4.3 POP inventory obligations PFOS and PFOA PFOA and PFOS are POP regulated Obligations under this legislation: Article 13 on notification of stockpiles pursuant article 5.2 The holder of a stockpile greater than 50 kg, consisting of or containing any substance listed in Annex I or II, and the use of which is permitted shall provide the competent authority of the Member State in which the stockpile is established with information concerning the nature and size of that stockpile. Such information shall be provided within 12 months of the date that this Regulation or Regulation (EC) No 850/2004 became applicable to that substance, whichever date came first for the holder, and of relevant amendments to Annex I or II and annually thereafter until the deadline specified in Annex I or II for restricted use. The holder shall manage the stockpile in a safe, efficient and environmentally sound manner, in accordance with the thresholds and requirements laid down in Directive 2012/18/EU of the European Parliament and of the Council (22) and taking all adequate steps to ensure that the stockpile is managed in a manner that will protect human health and the environment. 3. Member States shall monitor the use and management of notified stockpiles. Q to participants: Did you establish a procedure to implement this obligation? If yes, did you receive such notification? did you provide the information to the CA tasked to coordinate the national report on implementation of the POP regulation? 29 4.3 POP inventory obligations PFOS and PFOA PFOA and PFOS are POP regulated Obligations under this legislation: Article 13.1 b on the reporting of notifications received pursuant point (iv) of Article 7(4)(b) 7(4)(b) a Member State or the competent authority designated by that Member State may, in exceptional cases, allow wastes listed in Part 2 of Annex V containing or contaminated by a substance listed in Annex IV up to concentration limits specified in Part 2 of Annex V to be otherwise dealt with in accordance with a method listed in Part 2 of Annex V, provided that the following conditions are fulfilled: (i) the holder concerned has demonstrated to the satisfaction of the competent authority of the Member State concerned that decontamination of the waste in relation to substances listed in Annex IV was not feasible, and that destruction or irreversible transformation of the POP content, performed in accordance with best environmental practice or best available techniques, does not represent the environmentally preferable option and the competent authority has subsequently authorised the alternative operation; (ii) the holder concerned has provided information on the POP content of the waste to the competent authority; (iii) the operation is in accordance with relevant Union legislation and with the conditions laid down in relevant additional measures referred to in paragraph 5; (iv) the Member State concerned has informed the other Member States, the Agency and the Commission of its authorisation and the justification for it. Q to participants: do you have available data on waste management? 30 4.3 POP inventory obligations PFOS and PFOA PFOA and PFOS are POP regulated Obligations under this legislation: Article 13.1 f on the reporting of annual monitoring and statistical data on the actual or estimated total manufacturing Q to participants: do you have available data on manufacturing ? Article 13.1 a on the reporting of enforcement activities, infringements and penalties Q to participants: do you have available data on enforcement activities, infringements and penalties ? Did you monitor the use and management of notified stockpiles? 31 4.4 Information exchange federal public service 32 0 HEALTH, FOOD CHAIN SAFETY AND ENVIRONMENT AOB Next meeting proposal: Between May and July 2022 to update on the report Doodle will be sent to the CCIEP mailing Please ensure you are part of the mailing list to stay updated on ongoing actions within the working group @envcoord.health.fgov.be) 33