EU Intends to Regulate PFHxA and PFHxA-related Substances Under REACH

SafeGuardSHardgoods, Toys and Juvenile Products, Automotive, SoftlinesJuly 11, 2023

SG 86/23

The EU has informed the WTO of its intention to regulate undecafluorohexanoic acid (PFHxA), its salts and PFHxA-related substances as a new entry under Annex XVII of REACH. If approved, the measures will be implemented in phases, starting 18 months from the date of entry into force.

In June 2023, the World Trade Organization (WTO) announced a draft regulation from the European Union (EU) on its intention to regulate undecafluorohexanoic acid (aka perfluorohexanoic acid, PFHxA), its salts and PFHxA-related substances in a wide range of consumer goods.

According to the draft law, PFHxA, its salts and PFHxA-related substances have the following structural elements:

A linear or branched perfluoropentyl group (C₅F₁₁-) directly attached to another carbon as one of the structural elements, or
A linear or branched perfluorohexyl group (C₆H₁₃-)

Highlights of the draft law are Summarized in Table 1

WTO Document Number 23-4157, June 19, 2023
Draft Commission Regulation amending Annex XVII to Regulation (EC) 1907/2006 as regards undecafluorohexanoic acid (PFHxA), its salts and PFHxA-related substances

Scope	Requirement	Proposed Effective Date (No. of months from date of entry into force)
Fire-fighting foams for municipal fire services Fire-fighting foams for training and testing (except functional testing of the fighting systems)	< 25 ppb (sum of PFHxA and its salts) and < 1,000 ppb (sum of PFHxA-related substances)	18 months
Cosmetic products Food contact paper and cardboard The following products for the general public: Footwear Mixtures Textiles, leather, furs and hides in clothing and related accessories		24 months
Textiles, leather, furs and hides other than in clothing and related accessories for the general public		36 months
Fire-fighting foams for civil aviation		60 months

Table 1

Per the WTO announcement, the draft regulation is proposed to be adopted in Q4 of 2023

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