Directive on Perfluorooctane Sulfonates (PFOS) is Published
January 2007 (07B-101)
Directive 2006/122/EC, on the marketing and use of perfluorooctane sulfonates (PFOS), has entered into force with publication in the Official Journal of the European Union (OJEU) on 27 December 2006. This amends Council Directive 76/769/EEC for the 30th time. Member States will have 18 months to enact the Directive into national law and apply these measures by 27 June 2008.
The purpose of the Directive is to limit human and environmental exposure to PFOS, a bio-accumulative toxic substance present in everyday consumer goods. PFOS would be added to the Regulation on Registration, Evaluation and Authorization of Chemicals (REACH) listing.
Product Categories Affected by the Prohibition
The major use of PFOS is in the manufacturing process to give grease, stain, and water repellence properties to materials. Thus textiles for apparel and upholstery; carpets; paper and packaging; leather; adhesives; and general coatings are examples of goods that will be affected.
Note: Initially, fire-fighting foams were to be exempt until substitutes could be evaluated for health and environmental risks. Under the new Directive, this exemption has been dropped, and all foams must be free of PFOS. Those already placed in the market before 27 December 2006 may continue being used during a “grace period” of 54 months, or until 27 June 2011.
Limits Established for PFOS
Under the Directive, PFOS would be banned:
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as a substance, or constituent of preparations, in a concentration equal to or higher than 0.005% by mass (Note: While the Commission proposed setting a limit of 0.1% by mass of PFOS in substances and preparations, members of the European Parliament and Ministers reduced the limit to 0.005%.);
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in semi-finished products at a level of 0.1% by mass; and
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in textiles or other coated materials the restricted level will be 1µg/m2.
Exemptions from the Restrictions
PFOS will be allowed in higher quantities in industries where no equally performing alternative substances are available, and where it does not pose an unacceptable health risk. Applications such as hydraulic fluids for aviation, anti-reflective coatings for photolithography processes, industrial photographic coatings, mist suppressants for chromium plating, and other electroplating applications will be exempt.
How Bureau Veritas Consumer Products Services Can Assist You
We offer a wide range of services for restricted substances in consumer products. To learn more about our analytical services for restricted substances, please visit: http://cps.bureauveritas.com/html/33240.html. For details, please contact us directly.
For More Information: Please contact your client service representative or:
Asia: samuel.wong@hk.bureauveritas.com or christopher.tam@hk.bureauveritas.com
Europe: joerg.ruhkamp@de.bureauveritas.com or manfred.mayer@de.bureauveritas.com
US: elizabeth.hausler@us.bureauveritas.com
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Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
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