European Commission Notifies WTO of Proposed PFAS Restrictions in Firefighting Foams

On 26 November 2024, the European Commission notified the World Trade Organization (WTO) of its proposal to restrict the use of per- and polyfluoroalkyl substances (PFAS) in fire-fighting foams. The draft Regulation aims to amend Annex XVII of the REACH Regulation (Regulation (EC) No 1907/2006) to address the significant risks posed by PFAS to human health and the environment.

Details of the Proposed Regulation

The draft Regulation proposes a comprehensive ban on the placing on the market and use of PFAS in firefighting foams, accompanied by sector-specific transition periods to facilitate compliance. Key highlights include:

• Scope of the Restriction:

  • Applies to all firefighting foams and foam concentrates with a PFAS concentration equal to or greater than 1 mg/l.

  • Covers products used in industry, public services and portable fire extinguishers.

• Specific Measures:

  • Phasing out the use of PFAS-containing firefighting foams over five years for most sectors.

  • Introduces stricter labelling, disposal and management measures for PFAS-containing products during the transitional period.

Sector-Specific Transition Periods

The proposed Regulation provides for tailored timelines to allow industry and public services to transition to PFAS-free alternatives:

• Portable Fire Extinguishers:

  • Alcohol-resistant fire-fighting foams:

    • Placing on the market is permitted until 18 months after the entry into force of the Regulation.

  • Other fire-fighting foams for portable fire extinguishers:

    • Placing on the market is allowed until 12 months after entry into force.

    • Use permitted until 31 December 2030.

• Other Applications:

  • Offshore oil and gas installations, military and civilian ships, and establishments under the Seveso Directive: Use of foams containing PFAS will be allowed until 10 years after entry into force.

  • Public fire services: Use is permitted for 10 years when fighting industrial fires at Seveso sites.

• All Other Uses:

• For general uses not covered by the above categories, both placing on the market and use of PFAS-containing firefighting foams will be allowed until 5 years after entry into force.

Enhanced Labelling and Disposal Requirements

To reduce risks during the transition period, the Regulation requires:

• Labelling:

  • Clear warnings for foams and foam concentrates containing PFAS concentrations ≥1 mg/l.

  • Labels must indicate PFAS concentrations and comply with language requirements in Member States.

• Waste Management:

  • Prohibition of biological wastewater treatment for PFAS-containing waste.

  • Collected waste must be treated or incinerated at a minimum temperature of 1,100°C.

Objectives of the Restriction

This proposal is part of the EU’s wider strategy to minimize the risks posed by PFAS-related risks. Its main goals include:

• Protecting Water Sources: Reducing PFAS emissions to prevent contamination of groundwater and drinking water.

• Promoting Safer Alternatives: Encourage innovation and adoption of non-fluorinated firefighting foams.

• Ensuring Regulatory Uniformity: Establishing consistent rules across the EU to facilitate the free movement of goods.

Next Steps and Stakeholder Involvement

The proposal has been notified to the WTO under the Technical Barriers to Trade (TBT) framework, allowing stakeholders worldwide to review and provide feedback. Comments are invited until 26 January 2025 and the regulation is expected to be adopted in the second quarter of 2025. It will enter into force 20 days after publication in the Official Journal of the European Union.