Document MJEOy8gnEGgvm5LwYDLOZLp9V
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