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EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Circular Economy & Green Growth Sustainable Chemicals Bmssels ENVB2 - Ref. Ares(2020)3336411 - 26/06/2020 /Ares(2020) Deru Thank you for yom letter, in which you raise the concerns of EU textile companies as regards several regulatory initiatives under the chemical legislation concerning some per and polyfluoroalkyl substances (PFAS). We are aware of the difficulties that many sectors, including the textile sector, rue cunently facing due to the COVID-19 crisis. The Commission is cruefully examining rueas where compliance with EU legislation may become excessively difficult due to the cunent exceptional circumstances, and is willing to consider flexibility where legally possible and duly justified. However, as regruds the amendment of Annex I to Regulation (EU) No 2019/1021 (the POPs Regulation) to include PFOA, its salts and PFOA-related compounds, recently published in the Official Journal1, the Commission is not considering any further amendment. This is because the cunent text followed the decision of the Conference of the Pruties of the Stockholm Convention. Such decision did not include some of the derogations that were granted under the REACH restriction because, during its assessment, the scientific committee of the Stockholm Convention (POPRC) concluded that alternatives were available. I would like to draw yom attention to the fact that an exemption is still granted until 2023 for the use of PFOA in textiles for oil- and water repellence for the protection of workers from dangerous liquids. Another exemption allows the use of PFOA for the production of fluoropolymers to be used in membranes for medical applications. If some ofthese exemptions are not cleru, you can always send us a specific question and, ifneeded, we will publish a clarification. It is also worth mentioning that Article 4(2) of the POPs Regulation introduces an exemption for articles "already in use" which would apply to textiles not covered by other exemptions produced before the date ofentry into application of the PFOA listing on 4 July 2020. The interpretation ofthis exemption was discussed in a recent meeting of the POPs Competent Authorities and the Commission will soon publish a clarification. 1 https://em-lex.emopa.eu/eli/reg del/2020/784/oj Commission europeenne/EuropeseCommissie, 1049Bruxelles/Brussel, BELGIQUE/BELGIE - Tel +32 22991111 Officej J- Tel. direct line @ec.europa.eu Concerning PFHxA, this substance is in an early stage ofthe restriction process under REACH and it is cunently discussed in ECHA scientific committees. A public consultation is open until 25 September2 and a second one will be launched at a later stage, to collect information also on availability of alternatives for the different uses. The textile industry is encouraged to contribute to both public consultations. Concerning C9-C14 PFCAs, the Commission is working on an amendment to Annex XVII of REACH to restrict them, basing its proposal on the opinions of the scientific committees of ECHA3. However, the Commission proposal will take into account the fact that PFOA is now restricted under the POPs Regulation. Therefore, it is envisaged that the derogations recommended by the ECHA scientific committees would be aligned to the derogations granted under the POP's Regulation. Yours faithfully, e-signed 2 https://echa.europa.eu/regishy-of-restrictiou-iuteutious/-/dislisUdetails/0b0236el8323a25d 3 https://echa.europa.eu/documents/10162/5aabe3cc-a317-4b2f-5446-5fc22c522c3 l 2 Electronically signed on 25/06/2020 2152 (UTC02) in accordance with article 4.2 (validity ofelectronic documents) ofCommission Decision 2004/563