On 28 April 2023, the European Commission has published Commission Regulation (EU) 2023/866 to amend EU POPs Regulation (EU) 2019/1021. The amendment has enter into force on 18 May 2023 and shall apply from 18 August 2023.
The amendment mainly lowers the PFOA and its salts content limit in PTFE (polytetrafluoroethylene) micropowders to 0.025 mg/kg after 18 August 2023. The current limit of 1 mg/kg is only maintained to cover manufacture, placing on the market and use of PFOA and its salts in PTFE micropowders only for the purpose of transport and treatment of PTFE micropowders to reduce the PFOA and its salts below the limit of 0.025 mg/kg.
The following tables are the comparison with the amendment:
Entry | The Current Regulations | Delegated Regulation (EU) 2023/866 |
Point 3(the second sentence) | This exemption shall be reviewed andassessed by the Commission no later than5.7.2022 | This exemption shall be reviewed andassessed by the Commission no later than25 August 2023 |
Point 4 | For the purposes of this entry,point(b) ofArticle 4(1) shall apply to concentrations ofPFOA and its salts equal to or below 1mg/kg (0,0001 % by weight) where they arepresent in polytetrafluoroethylene (PTFE)micropowders produced by ionisingirradiation of up to 400 kilograys or bythermal degradation as well as in mixturesand articles for industrial and professionaluses containing PTFE micropowders. Allemissions of PFOA during the manufactureand use of PTFE micropowders shall beavoided and, if not possible, reduced as faras possible. This exemption shall bereviewed and assessed by theCommission no later than 5.7.2022. | For the purposes of this entry, Article 4(1),point (b), shall apply to concentrations ofPFOA and its salts equal to or below 1mg/kg (0,0001 % by weight) where they arepresent in polytetrafluoroethylene (PTFE)micropowders produced by ionisingirradiation or by thermal degradation aswell as in mixtures and articles for industrialand professional uses containing PTFEmicropowders until 18 August 2023. Allemissions of PFOA during the manufactureand use of PTFE micropowders shall beavoided and, if not possible, reduced as faras possible. The limit of 1 mg/kg(0,0001 % by weight) shall apply only tomanufacture, placing on the market anduse of PFOA and its salts where they arepresent in PTFE micropowders that aretransported or treated for the purpose toreduce the concentration of PFOA and itssalts below the limit of 0,025 mg/kg(0,0000025 % by weight). |
Point 5 | (e) manufacture of polytetrafluoroethylene(PTFE) and polyvinylidene fluoride (PVDF)for the production of:(i) high-performance, corrosion-resistantgas filter membranes, water filtermembranes and membranes for medicaltextiles;(ii) industrial waste heat exchangerequipment,(ii) industrial sealants capable ofpreventing leakage of volatile organiccompounds and PM2.5 particulates;4 lu1lv 2023 | in point 5, subpoint (e) is deleted |
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