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EU & PFAS REGULATORY


assume that anything with a fluorine atom has the same safety profile”, certain PFAS are known to be toxic for reproduction and can harm the development of foetuses, while several may cause cancer in humans. Some are also suspected of interfering with the human endocrine system.


WHAT COULD A RESTRICTION TIMELINE LOOK LIKE?


The proposal was originally prepared by authorities in Denmark, Germany, the Netherlands, Norway and Sweden, and submitted to the ECHA on 13 January. It aims to reduce PFAS emissions into the environment and make products and processes safer for people. The five national authorities


estimated that around 4.4 million tonnes of PFAS would end up in the environment over the next 30 years unless action is taken.


Under the published proposal, the suggested restriction for PFAS in skin care, toiletries, hair care, perfumes and fragrances, and decorative cosmetics is


cosmeticsbusiness.com


an RO1 full ban with an 18-month transition period after coming into force. This is the most stringent restriction, which an ECHA spokesperson said has been largely proposed for PFAS in consumer applications. For cosmetics specifically, this is in light of technically and economically feasible alternative materials already on the market.


Following publication, the ECHA’s scientific committees for Risk Assessment (RAC) and for Socio-Economic Analysis (SEAC), throughout March, checked that the proposed restriction met the legal requirements of EU chemicals regulation REACH.


The committees have since commenced their scientific evaluation of the proposal, and a stakeholder consultation period, which began 22 March, is set to run for six months until 25 September.


An online information session is due to take place 5 April at 11am Helsinki time to explain the restriction process


and help those interested in participating in the consultation. This, the ECHA said, will give industry and stakeholders the opportunity to learn where there may be data gaps and the need for more information.


While the opinions of RAC and SEAC are normally ready within 12 months of the start of scientific evaluation, the complexity of this specific proposal means the committees may need more time to finalise their opinions, added the ECHA.


Nevertheless, it said it expects to receive the opinions of the committees at some stage in 2024.


Once finalised, the opinions, together with the ECHA dossier as a background document will be sent by the ECHA to the European Commission, who will take it forward to decision making in the REACH committee.


This stage is expected to happen sometime in 2025, with the predicted timeline anticipating the restriction entering into force in 2026 or 2027


April 2023 47


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