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March 23, 2023

Public Consultation Begins on PFAS Restriction Proposal; ECHA Will Hold Information Session on April 5


The European Chemicals Agency (ECHA) announced on March 22, 2023, the beginning of a six-month consultation on the proposal to restrict more than 10,000 per- and polyfluoroalkyl substances (PFAS) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. As reported in our February 13, 2023, memorandum, the national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden submitted the proposal after finding risks in the manufacture, placement on the market, and use of PFAS that are not, in their view, adequately controlled and need to be addressed throughout the European Union (EU) and the European Economic Area (EEA). The proposal suggests two restriction options — a full ban and a ban with use-specific derogations — to address the identified risks. According to ECHA, the public consultation is to give anyone with information on PFAS the opportunity to have their say. ECHA states that of particular interest is information relevant to the risks, socio-economic aspects, and alternative substances. Comments are due September 25, 2023.

ECHA’s scientific committees for Risk Assessment (RAC) and for Socio-Economic Analysis (SEAC) will use the consultation input to evaluate the proposed restriction and to form an opinion on it. ECHA will hold an online information session on April 5, 2023, from 11:00 to 13:00 Helsinki time. During the session, experts from ECHA and the five national authorities will explain the restriction process, the content of the proposal, and how to participate in the consultation. They will also respond to questions from the participants. Questions can be sent to the expert panel in advance of the session through this link. A memorandum summarizing the information session will be posted on The Acta Group’s (Acta®) website.

The scientists, regulatory specialists, business consultants, and attorneys of Acta and our affiliated law firm Bergeson & Campbell, P.C. (B&C®) relentlessly participate in and track developments regarding the global regulatory approach to PFAS. We offer a PFAS Resource Center, a constantly updated library of PFAS resources, to help those in the chemical and chemical products industry understand what they need to know and what it means to their business. B&C will hold a webinar on May 17, 2023, on “PFAS Reporting, PBTs, and Other TSCA Hot Topics.” Panelists will discuss expected PFAS reporting rules, U.S. Environmental Protection Agency (EPA) actions on persistent, bioaccumulative, and toxic (PBT) chemicals, and other timely Toxic Substances Control Act (TSCA) issues. More details will be added as they are announced. Registration is open.