Regulations & History
Firefighting foam concentrates related legislation and regulation
Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants
PFOS (C8)
Perfluorooctanesulfonic acid (PFOS) was the first PFAS banned in Europe. PFOS was the main active ingredient in AFFF from 1970. In 2006, the Directive 2006/122/EC banned PFOS in foam concentrates above a limit of 50 ppm (50 mg/kg). PFOS foams were allowed to be used until 27th June 2011. Now, PFOS is listed in Annex I of EU Regulation 2019/1021, and the limit has been tightened to 10 ppm (10 mg/kg).
Perfluorooctanoic acid (PFOA) was first regulated in the EU in 2017 under the REACH regulation. This only affected the manufacturers, and an exception was made for foam stocks. In 2019, PFOA was also banned internationally under the Stockholm Convention. In 2020, this was transferred to an EU regulation on PFOA that replaced the old regulation in the EU.
Commission Delegated Regulation (EU) 2020/784 of 8 April 2020 amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards the listing of perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
https://eur-lex.europa.eu/eli/reg_del/2020/784/oj
Limits: PFOA or one of its salts: 25 ppb (0.025 mg/kg)
By way of derogation, the use of PFOA, its salts, and PFOA-related compounds shall be allowed in fire-fighting foam for liquid fuel vapour suppression and liquid fuel fires (Class B fires)
already installed in systems, including both mobile and fixed systems, until 4 July 2025,
subject to the following conditions:
a) Fire-fighting foam that contains or may contain PFOA, its salts, and/or PFOA-related compounds shall not be used for training.
b) Fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall not be used for testing unless all releases are contained.
c) As of January 1, 2023, uses of fire-fighting foam that contain or may contain PFOA, its salts, and/or PFOA-related compounds shall only be allowed in sites where all releases can be contained.
d) Fire-fighting foam stockpiles that contain or may contain PFOA, its salts and/or PFOA-related compounds shall be managed in accordance with Article 5 (of Regulation (EU) 2019/1021).
PFCA (C9-C14)
Commission Regulation (EU) 2021/1297 of 4 August 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and C9-C14 PFCA-related substances
https://eur-lex.europa.eu/eli/reg/2021/1297/oj
Limits: C9-C14-PFCA and their salts: 25 ppb (0.025 mg/kg)
fire-fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems, subject to the following conditions:
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- fire-fighting foam that contains or may contain C9-C14 PFCAs, their salts, and C9-C14 PFCA-related substances shall not be used for training;
- fire-fighting foam that contains or may contain C9-C14 PFCAs, their salts, and C9-C14 PFCA-related substances shall not be used for testing unless all releases are contained;
- from 1 January 2023, uses of fire-fighting foam that contain or may contain C9-C14 PFCAs, their salts and C9-C14 PFCA-related substances shall only be allowed to sites where all releases can be contained;
- fire-fighting foam stockpiles that contain or may contain C9-C14 PFCAs, their salts, and C9-C14 PFCA-related substances shall be managed in accordance with Article 5 of Regulation (EU) 2019/1021.
PFHxS (C6)
Commission Delegated Regulation (EU) 2023/1608 of 30 May 2023 amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards the listing of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds
PFHxA (C6)
Member States vote to restrict PFHxA in the EU
The EU Member States have voted in favour of restricting PFHxA, its salts, and related substances during the European Commission’s REACH committee meeting on 29 February 2024. The initial proposal was introduced by the German authorities in 2020 and supported by ECHA’s scientific committees in late 2021.
The draft regulation will now be subject to a three-month scrutiny by the European Parliament and the Council before it can be adopted by the Commission.
PFAS General ban in EU
https://echa.europa.eu/de/registry-of-restriction-intentions/-/dislist/details/0b0236e1856e8ce6
ECHA’s committees: EU-wide PFAS ban in firefighting foams warranted
https://echa.europa.eu/cs/-/echa-s-committees-eu-wide-pfas-ban-in-firefighting-foams-warranted
General EU legislation and regulations
The Stockholm Convention also regulates the global elimination of perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds. PFOA has been banned under the POPs Regulation since 4 July 2020.
In June 2022, the Stockholm Convention parties decided to include PFHxS, its salts, and related compounds in the treaty. The Commission added the substance group to the EU’s POPs Regulation in May 2023, and the regulation entered into force on 28 August 2023.
Long-chain perfluorinated carboxylic acids (C9-21 PFCAs) are being considered for inclusion in the Stockholm Convention and consequent global elimination.
REACH restrictions
Perfluorinated carboxylic acids (C9-14 PFCAs), their salts, and precursors are restricted in the EU/EEA from February 2023 onwards following a decision taken by the European Commission on a proposal by the German and Swedish authorities.
Germany has proposed a further restriction for undecafluorohexanoic acid (PFHxA), its salts and related substances. This proposal was evaluated by ECHA’s scientific committees in December 2021. The EU Member States voted in favour of the Commission’s proposal in February 2024. The restriction will now be scrutinised by the European Parliament and Council before it can be adopted.
The national authorities of Germany, Denmark, the Netherlands, Norway, and Sweden are proposing a restriction covering a wide range of PFAS uses – in support of the statements made in the Environment Council in December 2019. They submitted their proposal to ECHA in January 2023, and ECHA’s scientific committees are now evaluating it.
Furthermore, ECHA introduced in January 2022 a restriction proposal for PFAS used in firefighting foams. ECHA’s scientific committees supported the proposal in their opinions finalised in June 2023. The European Commission, together with the EU countries, will decide on the restriction in due course. This use is not included in the universal PFAS restriction proposed by the five national authorities.
Substances of very high concern under REACH
A number of PFAS are on the REACH Candidate List of substances of very high concern (SVHC), for example PFOA, perfluorinated carboxylic acids (C9-14 PFCAs), and PFHxS.
In June 2019, January 2020, and January 2023, three groups of PFAS were identified as SVHCs.
These groups are:
-
- 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts, and its acyl halides (HFPO-DA), a short-chain PFAS substitute for PFOA in fluoropolymer production, was the first substance added to the Candidate List. Its ammonium salt is commonly known as GenX. [General Court judgment];
- perfluorobutane sulfonic acid (PFBS) and its salts, a replacement of PFOS; and
- perfluoroheptanoic acid (PFHpA,) and its salts.
- The SVHC identification was based on their persistence, mobility and toxicity, which were considered to pose a threat to human health and wildlife when exposed through the environment (including through drinking water). These PFAS were identified as of equivalent concern to carcinogens, mutagens, and reprotoxicants (CMRs) and persistent, bioaccumulative, and toxic/very persistent and very bioaccumulative (PBTs/vPvBs) chemicals.
Evaluation of substances under REACH
Several additional PFAS are on the list for evaluation (Community rolling action plan) over the coming years or have already been evaluated. The evaluation aims to clarify initial concerns on the potential risk to human health or the environment that manufacturing or using these substances could pose.
Assessing groups of PFAS
An informal coordination group of several EU countries, ECHA, and the European Commission has, since 2014, screened data on PFAS contained in ECHA’s registration database and coordinated group-based regulatory work.
Despite an efficient approach compared to regulating substance by substance, work has only been able to cover the PFAS groups of highest urgency due to the very large number of PFAS.
ECHA’s database contains information about several thousand individual PFAS on the EU market. These belong to a variety of subgroups. Assessing and, where relevant, managing risks subgroup by subgroup would require a considerable amount of time. Therefore, ECHA acknowledges that a holistic group approach to regulatory assessment and risk management needs to be explored.
The EU’s chemicals strategy for sustainability places PFAS policy front and centre. The European Commission commits to phasing out all PFAS, allowing their use only where they are proven to be irreplaceable and essential to society.
Drinking water
The recast of the Drinking Water Directive, which took effect on 12 January 2021, includes a limit of 0.5 µg/l for all PFAS. This is in line with a grouping approach for all PFAS.
Official start to ban PFAS in Europe
https://www.youtube.com/watch?v=RVbDg6aK_Ko