EU REACH – New Restriction Published for C9-C14 PFCAs under Entry 68 of Annex XVII to REACH

Vol. 1267 | 17 Aug 2021

On 4 Aug 2021, the European Commission Published Commission Regulation (EU) 2021/1297 to amend entry 68 of Annex XVII to REACH (EC) No 1907/2006  to newly restrict perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C₉-C₁₄ PFCAs), their salts and their related substances.

This new restriction is to replace entry 68 of Annex XVII to REACH on PFOA, it salts and PFOA-related substances as these are now regulated under the POPs regulation (EU) 2019/1021.

This regulation shall enter into force on 25 February 2023.

Definition of C9-C14 PFCAs, their salts and related substances:

• Linear and branched perfluorocarboxylic acids of the formula C_nF_2n+1-C(= O)OH where n = 8, 9, 10, 11, 12, or 13 (C9-C14 PFCAs), including their salts, and any combinations thereof;
• Any C9-C14 PFCA-related substance having a perfluoro group with the formula C_nF2_n+1- directly attached to another carbon atom, where n = 8, 9, 10, 11, 12, or 13, including their salts and any combinations thereof;
• Any C9-C14 PFCA-related substance having a perfluoro group with the formula C_nF2_n+1- that it is not directly attached to another carbon atom, where n = 9, 10, 11, 12, 13 or 14 as one of the structural elements, including their salts and any combinations thereof.

The following substances are excluded from this definition

• C_nF2_n+1-X, where X = F, Cl, or Br where n = 9, 10, 11, 12, 13 or 14, including any combinations thereof,
• C_nF2_n+1-C(= O)OX' where n> 13 and X'=any group, including salts.

Restriction:

1. C9-C14 PFCAs, their salts and related substances shall not be manufactured, or placed on the market as substances on their own from 25 February 2023.
2. From 25 February 2023, the concentration of sum of C9-C14 PFCAs and their salts shall be less than 25 ppb, and the concentration of sum of C9-C14 PFCA-related substances shall be less than 260 ppb where they are present in:
   • Another substance, as constituents
   • Mixtures
   • Articles

Note: The restriction on paragraph 2 has different effective dates for some specific items. Please refer to the regulation for details.

A link to the Regulation is below: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R1297&from=EN

For more information, please contact:

Mike Redshaw
Mike.redshaw@intertek.com