POP Regulation: Annex I modified to insert PFOA

On 15 June 2020 an amendment was published to the regulation governing the so-called POP (Persistent Organic Pollutants) to insert PFOA (perfluorooctanoic acid), its salts and the compounds related to it in the list of substances in Annex I part A ( substances included in the convention and in the protocol and substances included only in the convention).

Persistent organic pollutants also called POP are chemical substances that persist in the environment and are subject to bioaccumulation through the food chain and present a risk to human health and the environment. POPs are governed by Regulation 2019/1021 which established a regulatory framework that allows the adoption of measures aimed at ending the manufacture, placing on the market and use of intentionally manufactured POPs.

Regulation 2020/784 modifies Annex I of the POP Regulation and inserts PFOA (perfluorooctanoic acid) of its salts and related compounds, the manufacture, placing on the market and use of this substance will be prohibited in Europe in its pure state both in mixtures or in articles.

However, there are exceptions to the prohibition that are shown in the last column of Annex I, with different application timelines based on the specific use. Some of these are the same as those in Annex XVII of REACH concerning restrictions (although some have been subject to evaluation by the Persistent Organic Pollutants Review Committee and not all have been granted under the 'agreement') while a derogation does not present in REACH was granted in the "agreement" and therefore is included in the POP Regulation only.

 

The Regulation comes into force on July 4th and its provisions apply from the same date.

However, some derogations apply only until 3 December 2020, the date of entry into force of the modification of Annex A of the Stockholm Convention concerning the PFOA, its salts and the compounds related to it.

In particular, the use of PFOA, its salts and / or compounds related to it is authorized until that date in the following articles:

a) medical devices other than those implantable pursuant to Regulation (EU) 2017/745;

b) latex printing inks;

c) plasma nano coatings.

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