Comprehensive Interpretation of the EU PFAS Restriction Proposal: Path and Details of the Largest-Ever Substance Ban

On January 13, 2023, the competent authorities of five countries—Denmark, Germany, the Netherlands, Norway, and Sweden—submitted a restriction proposal targeting Per- and Polyfluoroalkyl Substances (PFAS) to the European Chemicals Agency (ECHA). This proposal stemmed from a three-year joint study by the countries, covering the types, applications, and environmental health risks of PFAS, with the ultimate goal of restricting the production and use of such substances within the EU. On February 7, 2023, ECHA officially published the proposal, which is known as "Europe's largest-ever substance ban project" due to its extensive coverage and stringent control measures.

I. Core Understanding of PFAS: Characteristics, Applications, and Risks

(1) Definition and Core Properties

PFAS refers to a class of synthetic chemicals, officially defined as "any substance containing at least one perfluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (to which no hydrogen, chlorine, bromine, or iodine atom is attached)". There are over 10,000 known types of PFAS, with the most prominent characteristic being extremely slow degradation in the environment, and they have clear adverse impacts on human health and the natural environment.

(2) Main Application Scenarios

Thanks to their properties such as water resistance, stain resistance, and high-temperature resistance, PFAS are widely used in consumer products and industrial activities:

• Consumer products: Waterproof treatment for textiles, food packaging, non-stick coatings for frying pans, coolants for refrigerators and air conditioners, lubricants for skis, electronic devices, coatings, etc.;

• Industrial fields: Chrome plating processes, defoamers, production of fluoropolymer materials, etc.

II. EU PFAS Ban Promotion Process and Key Timeline

(1) Core Promotion Phases

The implementation of the ban follows a strict statutory process, mainly divided into four phases:

1. Preliminary Compliance Check and Scientific Review: In March 2023, ECHA’s Scientific Committee on Risk Assessment (RAC) and Scientific Committee on Socio-Economic Analysis (SEAC) first reviewed whether the proposal complies with the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation, and then initiated scientific assessment;

2. Public Consultation Phase: A 6-month public consultation was launched on March 22, 2023 (ending on September 22, 2023), allowing any entity to submit information or express opinions;

3. Issuance of Scientific Committee Opinions: RAC and SEAC are required to provide professional opinions in accordance with the REACH Regulation within 12 months (expected in 2024);

4. Final Decision and Entry into Force: The European Commission will draft the final proposal, which will be voted on by member states. The ban is expected to enter into force in 2025, with restrictive measures fully implemented in 2026-2027.

(2) Summary of Key Time Nodes

III. Core Details of the Restriction Proposal

(1) Core Restrictive Requirements

The proposal explicitly prohibits the production, use, and placing on the market of PFAS, with specific standards divided into three concentration thresholds. Moreover, the threshold requirements for Categories 1 and 2 will apply 18 months after the ban enters into force:

1. Single substance level: No PFAS single substance shall be produced, used, or placed on the market;

2. Trace control level:

• In targeted testing, the concentration of any PFAS (excluding polymeric PFAS) reaches 25 ppb (parts per billion);

• After degradation of precursor substances, the total amount of PFAS (excluding polymeric PFAS) reaches 250 ppb;

3. Total amount control level: PFAS (including polymeric PFAS) reaches 50 ppm (parts per million). If the total fluorine content exceeds 50 mg F/kg, the relevant party shall prove to the law enforcement authorities the source of the fluorine content (PFAS or non-PFAS).

4. Coverage of application scenarios: The above restrictions apply to all cases where PFAS are used as components of other substances, in mixtures, or in articles and meet the concentration standards.

(2) Supporting Management Requirements

The proposal also clarifies exemption situations, reporting obligations, and implementation details of management plans. For specific content, please refer to the "Annex XV Restriction Report" on the ECHA official website.

IV. Significance of the Proposal

The advancement of this proposal marks that the EU’s control of persistent organic pollutants has entered a "full-category, high-standard" stage. Through restrictions covering the entire chain of PFAS production, circulation, and use, it is expected to reduce their cumulative pollution to the environment and potential risks to human health, while also providing an "EU model" for global PFAS control.