Document aJ3GaGzNL0myDn3ZGn1Qyv8Ey

Input to the Public Consultation Comments for Annex XV restriction Proposal. Missing uses: Polytetrafluoroethylene (PTFE) powder and concentrates used in thermoplastic materials of construction for telecommunication equipment to meet flammability standards. CONTENT 1. INTRODUCTION TO COMMSCOPE AND THE RELEVANT EQUIPMENT 2. KEY FUNCTIONALITIES OF PTFE IN THE ARTICLE 3. THERMOPLASTIC MATERIAL OF CONSTRUCTION IN TELECOMMUNICATION EQUIPMENT 4. EXPOSURE TO THE ENVIRONMENT 5. ALTERNATIVES 6. JUSTIFICATION FOR A DEROGATION REQUEST 7. PROPOSED DEROGATION 1. INTRODUCTION TO COMMSCOPE AND THE RELEVANT EQUIPMENT CommScope is a manufacturer of communications technology. We design, manufacture, install and support the hardware infrastructure and software intelligence that enable our digital society to interact and thrive. Working with customers, CommScope advances broadband, enterprise and wireless networks to power progress and create lasting connections. Thermoplastic materials of construction for any indoor telecommunication equipment or outdoor telecommunication equipment attached to a domicile are required by law to comply with flammability standards to ensure their safety and functionality throughout their lifespan. Polytetrafluoroethylene (PTFE) powder fibrillates, compounded into thermoplastic resins, help molten plastic bead up and extinguish, rather than dripping and spreading a flame. If a flame event does occur, they help prevent the loss of life and property by reducing the risk of a small fire growing out of control. The standards related to fire hazard testing of electrotechnical products require no drip. Laws and regulations (Regulation (EU) No 305/2011 - Construction Products Regulation) require compliance to these standards (EN 60695 and EN 13501 series). PTFE is a therefore a necessary component in the formulation of thermoplastic materials to retard dripping (usually at less than 0.5 wt.% loading). CommScope is a downstream user of thermoplastic materials. We define the required properties of our materials of construction but are dependent on the expertise of our suppliers for the exact formulation of the materials we buy. Polytetrafluoroethylene (PTFE) anti-drip additives play a safety-critical role and are essential to achieve compliance with strict EU flame retardancy and fire safety standards. 2. KEY FUNCTIONALITIES OF PTFE IN THE ARTICLE PTFE can form a fibril structure due to high shear forces during compounding. This fibril structure, in conjugation with the strength of the C-F bond, is very stable and helps molten plastic bead up and extinguish rather than dripping and spreading a flame. 3. THERMOPLASTIC MATERIAL OF CONSTRUCTION IN TELECOMMUNICATION EQUIPMENT Plastic construction materials for any indoor telecommunication or outdoor telecommunication equipment attached to a domicile are required by law (electrical code) to comply with UL94 V0 at the design thickness. Relevant equipment includes fiber optic (FO) splice and connector housings (closures, boxes, cabinets) and associated components for fiber management, FO connectors and adapters, fiber optic cable and cable attachments, enterprise (ethernet/twisted pair copper) cables, jacks, and plugs. PTFE anti-drip powder annual usage for CommScope is estimated to be in the range of 10 to 20 ton. Use case - Tunnel application for mission-critical communication: Due to safety in longer tunnels (>500m), a mission-critical communication for fire-brigades, police, etc. is a must. This is usually done with an active Distributed Antenna System (supplied by CommScope) where RF signals from Base Stations outside of the tunnel are received at a Head End, converted into optical signals, and distributed intelligently over fiber to Remote Units which are installed inside the tunnels. These are then reconverting the optical signals into RF, amplifying the RF signals, and serving these radiating cables. In event of a fire or an accident inside the tunnel, these mission-critical communications need to work as long as possible which sets certain flammable requirements for the DAS and the radiating cables. These flammable requirements can only be met when a FR resin (containing PTFE) is used for the outer insulating layer (jacket) of the cable. 4. EXPOSURE TO THE ENVIRONMENT A recent review published by the Society of Environmental Toxicology and Chemistry (SETAC) in 2023 states that emissions of PTFE during the use phase of final products are negligible because PTFE is bound within the polymer. PTFE does not release substances of toxicological or environmental concern, and fluoropolymers are stable and not expected to transform to dispersive nonpolymeric PFAS. When the articles containing PTFE anti-drip additives reach their end-of-life, various waste (pre-) treatment methods are commonly practiced by the industry, e.g., recycling/re-use, landfilling and incineration. Thorough incineration will decompose PTFE without formation of non-polymeric PFAS. Available data reveal that fluoropolymers are mineralized (i.e., all C F bonds broken, hydrofluoric acid generated, and scrubbed to calcium fluoride), and no fluorine-containing products of incomplete combustion were produced above background levels under commercial Waste-to-Energy (WtE) incineration operating conditions. Further, a recent study investigating the presence of PFAS in waste incinerator flue gas stated: `based on literature review, RIVM (the Dutch National Institute for Public Health and the Environment) expects that most of the PFASs will largely degrade during the incineration process and then be removed when the flue gases are cleaned. The remaining PFAS are expected to be removed during the recovery of the carbon dioxide'. The RIVM report affirmed that PTFE is the most stable fluorine-containing polymer. The RIVM report concluded that complete thermal decomposition of PTFE is achieved at a temperature of approximately 800C. When recycling/reuse and landfilling are chosen, polymeric PTFE remains as a fluoropolymer that is not water soluble or mobile and therefore, does not present the specific risks nor hazards as those of non-polymeric PFAS. There is considerable data demonstrating that PTFE do not release substances of toxicological or environmental concerns. In contrast to non-polymeric PFAS, PTFE being a polymeric material is chemically, thermally, and biologically stable and therefore is not expected to transform to dispersive nonpolymeric PFAS when disposed of in landfill. 5. ALTERNATIVES PTFE powder is formulated into injection molding grades of plastic, and these are supplied in pellet form. CommScope relies on the expertise of our suppliers to formulate these materials. The balance of properties will change when PTFE is replaced with another additive. Some of our suppliers have conducted a thorough analysis of the latest available flame-retardant and anti-dripping technology for polycarbonate, via a patent and literature review, as well as their own in-house technical expertise based on decades of experience with plastics. For details see a.o. submission 4481. There are no other technologies that provide adequate flame-retardant properties without significantly degrading impact resistance or other mechanical properties. 6. JUSTIFICATION FOR A DEROGATION REQUEST There are no known alternatives to PTFE used as an anti-drip agent in thermoplastic materials of construction for indoor telecommunication equipment that result in the same flammability, electrical, impact, weathering, and other properties and application performance. With the current state of technology polytetrafluoroethylene (PTFE) anti-drip additives play a safetycritical role and are essential to achieve compliance with strict EU flame retardancy and fire safety standards. Alternative formulations/compositions would require potentially long-term retesting of the material, and part re-design and re-qualification. Time expected to be required for substitution: 1. Laboratory research to develop solutions particular to resin families - 2 years. 2. Systematic replacement of PTFE in each individual resin grade - 4 years 3. Systematic replacement of old resin grades with new resin grades - 4 years (some overlap) 4. Component redesign and replacement where equivalent resin grade not possible with alternative - 2 years A ban on PTFE in thermoplastic construction materials for any professional telecommunication equipment without derogation would have severe negative impacts on basic societal requirements. Economic Implications: A ban of PTFE in plastic construction materials for any professional telecommunication equipment causes high additional costs for the manufacturers and even more for consumers and states due to enhancing the costs of products and services while no additional function or other benefit would result. Research and Development Costs: Exploring and adopting alternative materials would involve substantial research and development investments. These costs could strain industry budgets and slow down innovation in the fast-paced electronics sector. Product Qualification Cost: Re-qualification at CommScope alone could cost on the order of $50k per resin grade (grade validation, material qualification to GR and IEC, component molding trials, component, and product qualifications) with hundreds of grades in use. This does not include the cost of work at the material vendor for development, testing, and qualification of the replacement grades nor the flammability certification of each grade at agencies (UL, etc.). Cost for Fire Safety Certification: Re-testing and re-certification of all UL94 V0 grades at UL / ETL and other recognized agencies would far exceed testing capacity and may not be completed for several years and at great expense. Supply Chain Disruption: A sudden ban of fluoropolymers could disrupt the supply chain of alternative materials, causing delays in manufacturing and potentially affecting product availability. Product Performance: PTFE contributes to the fire safety of telecommunication equipment. Abruptly removing them could lead to subpar product quality, negatively impacting consumer safety and driving up warranty and replacement costs. Job Market: A ban might lead to job losses in manufacturing, research, and related sectors, potentially affecting local economies. Ecological Concerns: A ban of PTFE in plastic construction materials for professional telecommunication equipment could result in a thousandfold the amount of unnecessary electrical waste of the number of fluoropolymers saved. Switching to alternatives without comprehensive safety assessments could lead to unintended ecological consequences. Identifying safer alternatives with comparable properties poses a significant challenge. PTFE and other fluoropolymers have been categorized as PFAS when based solely on their molecular structure. However, the environmental and toxicological profiles are distinctly different to most of the other lower molecular weight PFAS: In general, the properties of many fluoropolymers are such that they do not display the environmental and toxicological profiles associated with some PFAS that could be considered of concern; commercially popular fluoropolymers meet the OECD Polymer of Low Concern criteria. They are chemically stable, nontoxic, non-bioavailable, non-water soluble and non-mobile materials and they are deemed to have no significant environmental and human health impacts. Transitioning away from PTFE will require collaboration among stakeholders--manufacturers, regulators, researchers, and environmentalists. A phased approach, allowing for the development and testing of safer alternatives, could minimize economic disruption while ensuring ecological benefits. 7. PROPOSED DEROGATION As illustrated by us, technically and economically feasible alternatives will not be available within a five-year derogation window. Even when they can be identified, these alternatives will require regulatory approval or certification that cannot be completed within the five-year timeframe. CommScope, supplying EU critical sectors, have identified the need for the following 13.5-year derogations: Use of PTFE powder and concentrates within thermoplastic materials of construction for telecommunication equipment to achieve compliance with flammability standards.