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POLICY HORIZONS The universal PFAS restriction 20 February 2023 The European Chemical Industry Council, AISBL - Rue Belliard, 40 1040 Brussels - Belgium Transparency Register n6487914232390 Welcome CAMILLA MARTELLI Director Public Affairs Legal reminder / competition law compliance No exchange of information that is not in conformity of competition law. Your individual company's commercial strategy as regards PFAS should remain confidential. Please do not disclose you company's: product portfolio suppliers customers substitution plans planned contribution to the public consultation on the PFAS restriction proposal Cefic provides a collective service to its Members and will refrain from any companyspecific advice. Logistics Ensure computer audio is selected Everyone is MUTED Please use the questions box to enter your questions throughout the webinar Questions will be addressed at the end of the webinar This session is being recorded for internal purposes. A written summary will be shared afterwards by email Our Speakers MARLEEN PAUWELS Executive Director - Halogens Industry Sector STEVEN VAN DE BROECK Director REACH & Chemicals policy Moderator CAMILLA MARTELLI Director Public Affairs Setting the scene STEVEN VAN DE BROECK Director REACH & Chemicals policy The UPFAS restriction - the pinnacle of regulatory action on PFAS Global ban on PFOS Madrid statement of PFAS science panel calling to phase out nonessential uses of PFAS Proposal to restrict the use of PFOA Proposal to restrict the use of PFHxA Proposal to restrict the use of PFHxS Global ban on PFOA EU restriction on longchain PFCA Proposal to restrict PFAS in firefighting foams Multiple PFAS identified as SVHC 2009 2014 2015 2019 2020 2021 2022 2023 EU Council calling to phaseout all nonessential uses of PFAS Proposal to phase out all uses of PFAS in the EU COMMUNICATION Chemicals - strategy for sustainability (toxicfree EU environment) 5 Member States kicked off the preparation of a universal PFAS restriction Page 7 Media attention Page 8 Drivers behind regulatory action on PFAS 1. Media attention 2. PFAS are omnipresent in the environment 3. The number of sites potentially emitting PFAS has been estimated to be approximately 100 000 in Europe* 4. The annual healthrelated costs related to PFAS are estimated to 5284 billion EUR for all Europe* 5. Societal pressure 90% Europeans are worried about the impact of chemicals on the environment* 84% Europeans are worried about the impact of chemicals present in everyday products on their health* * https://ec.europa.eu/environment/pdf/chemicals/2020/10/SWD_PFAS.pdf Page 9 Regulatory actions on PFAS in an already challenging regulatory framework Source: Transition Pathway for the Chemical industry Regulatory roadmap Page 10 The restriction proposal seeking to phase out PFAS Choice between two regulatory options Starting point is a BAN manufacturing, use and placing on the market of PFAS placing on the market of mixtures and articles containing PFAS at: - 25 ppb for one nonpolymer PFAS - 250 ppb for the sum of nonpolymer PFAS - 50 ppm for all polymeric PFAS Regulatory option 2 usespecific, timelimited derogations: 18m transition period, plus additional 5y or 12y Regulatory option 1 derogation period some timeunlimited, more general derogations no derogations and a transition period of 18 months Preferred option Page 11 Some key features of the restriction proposal Scope is very broad Captures all chemicals with a CF bond ( 10.000 chemicals) Includes fluoropolymers and Fgases Persistence is key for justifying the restriction in terms of risk Supporting concerns (mobility, toxicity, ....) vary among PFAS Estimated emissions of about 4.4 million tonnes over 30 years if no action taken Any emission is considered as problematic Derogations are use specific Derogations are driven by availability of alternatives Availability of technically and economically feasible alternatives Economy of scale The proposal does not use the essential uses concept But the logic is appearing Page 12 The restriction proposal - indicative timeline ECHA process 5 CA RoI Jul `21 5 CA extension of submission date Feb `22 5 CA submits dossier 13 January ECHA publishes dossier 7 February Dossier Preparation 2023 2024 RAC & SEAC Plenary RAC64: 15 March SEAC58: 10 March RAC & SEAC Plenary RAC65: Early Jun SEAC59: Early - Mid Jun RAC & SEAC Plenary RAC66: Mid Sep SEAC60: Early - Mid Sep RAC & SEAC Plenary (RAC opinion and SEAC draft opinion*) RAC67: Late Nov SEAC61: Late Nov - Early Dec RAC opinion development SEAC opinion development ECHA sends compiled opinions to COM ~ Q2 `24 SEAC adopts final opinion* SEAC62: Early - Mid March COM adoption ~ Q4 '24 or Q1 `25 Publication in OJ ~ Q4 '25 or Q1 `26 REACH Committee Following EU Commission proposal, scrutiny by EP & Council ECHA & COM process (1824 months) Political process EiF WE ARE HERE Public Consultation Period Intermediate deadlines for specific points * Assuming the earliest possible timeline. RAC65 REST WG Mid May RAC66 REST WG Late Aug RAC67 REST WG Early Nov 22 May 22 July 22 September 6month public consultation 22 March `23 - 22 Sep '23 60day public consultation on SEAC DO Dec '23 Feb '24? RAC plenary is typically held for one week, and SEAC is for two weeks. RAC working groups are organised to clarify some topics and used to sort out issues. Main discussions are more and more taking place in the working groups and less in plenary presence of experts is recommended. Last updated: Feb 2023 Page 13 Cefic action plan and call for action MARLEEN PAUWELS Executive Director Halogens Industry Sector First analysis of the UPFAS restriction proposal Unprecedented number of substances and applications covered Derogations based on Calls for Evidence: varying levels of evidence key evidence: availability of alternatives and cost impact evidence requested from multiple stakeholders, by preference via joint submissions* Plant production products, biocides and human & veterinary medicines active substances derogated, but no derogation for intermediates, formulating aids, ...! * Competition law should be observed at all times, especially where joint submissions are contemplated. Some data cannot be exchanged between competing entities. Decisions to substitute a substance are for each company to make individually and according to their own decisionmaking process. Page 15 Coordination of Cefic activities on PFAS Product Stewardship HSE, Resp. Care and Supply Chain Sector Groups FluoroProducts and PFAS for Europe (all PFAS) P. Muoz European FluoroCarbons Technical Committee (FGases) A. Candido E. Consoli Food Contact Additives (specific PFAS) M. Prieto European Fine Chemicals Group (PFAS in pharma) M. Saykali Potentially ALL Sector Groups ALL SG Managers Persistency Issue Team D. Drmac Product Stewardship Chemicals Legislation Management Issue Team D. Drmac Product Stewardship Polymers Issue Team F. Almeida Product Stewardship Essential Uses Issue Team S. Van de Broeck Product Stewardship Authorisation/ Restriction Network of Experts A. Janosi Product Stewardship Environmental Safety Network of Experts K. Lacasse BREF Issue Team J. Godts HSE, Resp. Care and Supply Chain Water Management Issue Team I. Blaj HSE, Resp. Care and Supply Chain Waste Management Issue Team I. Blaj Industrial Policy Enforcement Issue Team P. Botschek All MORE TO COME ExCom Board Strategic overview M. Mensink Public Affairs Internal Coordination Leadership Team H. Wendt Page 16 Collaboration on PFAS outside Cefic Illustrative Sector Groups FluoroProducts and PFAS for Europe (all PFAS) P. Muoz Public Affairs FPP4EU Support M. Yada S. Geros Medical devices and pharma Digital & electronics Technical Engineering Collaboration Platform Cookware Textiles Automotive Page 17 Cefic action plan Large downstream user community Digital Electronics Technical engineering Renewable energy Textiles ... Rerun Ricardo CSS economic analysis PFAS Module M. Pauwels S. Lemoine Adapted questionnaires 2 scenarios (RO1 and RO2) Answers per category of use Extended section on alternatives Timeline Data collection FebMar 2023 Report before Aug 2023 Page 18 Cefic action plan LAST CALL TO PARTICIPATE Rerun Ricardo CSS economic analysis PFAS Module M. Pauwels S. Lemoine Quick steps Sign NDA Receive link to questionnaire Receive link to webinar Fill in data by 31 March SOON TO COME! Separate study on use of PFAS in industry settings (pipes, gaskets, valves, ...) for chemical industry Page 19 Cefic action plan Inform Factsheet UPFAS restriction proposal FPP4EU analysis of (non) derogated uses Inform and raise awareness (Cefic members and downstream users) ALL Raise awareness Via National Associations FPP4EU Collaboration Platform Workshops Member States webinars Policy Horizon Page 20 Cefic action plan Sector Groups Fixed topic on bimonthly meetings Open information flow between key Sector Group Managers Ensure good Cefic internal coordination ALL Analysis of `basic principles' All Issue Teams to analyse basic principles Coordination via Cefic LT and Task Force on PFAS Overall coordination Task Force on PFAS meeting on regular basis PFAS on PC agendas for info if relevant Regular briefing to Cefic Excom/Board Page 21 Call for action: we invite all companies to... Analyse where the restriction may have an impact (incl. equipment used onsite) current emission control measures Collect data on (non)availability of alternatives to PFAS realistic emission control measures Feed data into public consultations on (non)availability of alternatives cost impact* initiatives to reduce emissions Contact us on the lengthy and complex process on the complex PFAS file * Cost impact typically includes producer surplus losses employment losses consumer surplus losses welfare losses Page 22 Contact us Coordination PFAS file REACH restriction process FluoroProducts and PFAS for Europe Sector Group (all PFAS) European FluoroCarbons Technical Committee Sector Group (F-gases) Food Contact Additives Sector Group Active Pharmaceutical Ingredients Sector Group HARTWIG WENDT ( @cefic.be) Executive Director Public Affairs MARLEEN PAUWELS (=@cefic.be) Executive Director Halogens Industry Sector STEVEN VAN DE BROECK (M@cefic.be) AMAYA JANOSI (M@cefic.be) Director REACH & Chemicals Policy Senior REACH Manager PATRICIA MUNOZ ( @cefic.be) FPP4EU Sector Group Manager ELISA CONSOLI (M@cefic.be) & ANGELICA CANDIDO (M@cefic.be) EFCTC Sector Group Managers MIGUEL PRIETO ARRANZ ( @cefic.be) Director at Specialty Chemicals, FCA Sector Group Manager MAGGIE SAYKALI (=@cefic.be) Director at Specialty Chemicals, API Sector Group Manager Page 23 Questions and answers Thank you for your attention The European Chemical Industry Council, AISBL Belliard, 40 1040 Brussels - Belgium EU Transparency Register n 6487914232390