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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

ScopeRequirementProposed 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

SGS keeps interested parties informed about the latest developments relating to the REACH regulation. Our expertise, combined with consultancy services and experience in consumer product supply chains, provides a central point of contact for global solutions. Discover more on our website and contact us if you would like to learn more about how SGS can support your REACH compliance activities. In the end, it’s only trusted because it’s tested.

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HingWo Tsang

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