PFHxS banned in the EU under the POPs Regulation

On 8 August 2023, the EU published Regulation (EU) 2023/1068 in the Official Journal of European Union amending Regulation (EU) 2019/1021 known as the Persistent Organic Polutants (POPs) Regulation. In the amendment perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds are officially listed in Annex I to Regulation (EU) 2019/1021. The amendment comes into force on 28 August 2023.

PFHxS is part of the group of compounds collectively known as per- and polyfluoroalkyl substances (PFASs). It is a used as a surfactant in a variety of industrial and commercial products such as food packaging, stain and water-resistant materials, fire-fighting foams, and paint additives. PFHxS, its salts, and PFHxS-related compounds are listed in Annex A to the Stockholm Convention since June 2022 without specific exemption. Each Party to the Convention is required to prohibit the chemicals listed in Annex A and/or take the legal and administrative measures necessary to eliminate their production, use, import and export. Therefore, Part A of Annex I to Regulation (EU) 2019/1021 which contains a list of the substances listed in the Convention has been amended to include PFHxS, its salts and PFHxS-related compounds. In accordance with Regulation (EU) 2019/1021 the manufacturing, placing on the market and use of substances whether on their own, in mixtures or in articles) listed in Annex I, is prohibited (if no exemptions apply).

The amendment sets the following a limit value for PFHxS, its salts and PFHxS-related compounds occurring as an unintentional trace contaminant in substances, mixtures and articles.

• ≦ 0.025 mg/kg for PFHxS or any of its salts

• ≦ 1mg/kg for the individual PFHxS-related compounds or sum of concentrations of all PFHxS-related compounds

• For the use in firefighting foams where those limit values cannot currently be met, higher concentration limits should be established, subject to review by the Commission no later than 28 August 2026 with a view to lowering the limits.