Listing of PFHxS Into EU POPs

On August 8, 2023, the European Commission published Regulation (EU) 2023/1608 amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards the listing of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds. Regulation (EU) 2023/1608 shall enter into force on the twentieth day following of its publication and this Regulation shall be binding in its entirety and directly applicable in all Member States.

In Part A of Annex I to Regulation (EU) 2019/1021, the following entry is added:

Substance	'Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds” means the following: (i) perfluorohexane sulfonic acid, including any of its branched isomers; (ii) its salts; (iii) PFHxS-related compounds which, for the purposes of the Convention, are any substance that contains the chemical moiety C6F13S- as one of its structural elements and that degrades to PFHxS.
CAS No.	355-46-4 and others
EC No.	206-587-1 and others
Specific Exemption on Intermediate Use or Other Specification	1. For the purposes of this entry, Article 4(1), point (b), shall apply to concentrations of PFHxS or any of its salts equal to or below 0,025 mg/kg (0,0000025 % by weight) where they are present in substances, mixtures or articles. 2. For the purposes of this entry, Article 4(1), point (b), shall apply to the sum of concentrations of all PFHxS-related compounds equal to or below 1 mg/kg (0,0001 % by weight) where they are present in substances, mixtures or articles. 3. For the purposes of this entry, Article 4(1), point (b), shall apply to concentrations of PFHxS, its salts and PFHxS-related compounds equal to or below 0,1 mg/kg (0,00001 % by weight) where it is present in concentrated firefighting foam mixtures that are to be used or are used in the production of other firefighting foam mixtures. This exemption shall be reviewed and assessed by the Commission no later than 28 August 2026.'

Of PFHxS:

PFHxS are classified as PFAS substances and can be extensively used as substitutes for PFOS and PFOA and PFHxS in various applications, including the firefighting foam, metal plating, textiles, leather, polishing agents, cleaning detergents, coatings, as well as in the electronics and semiconductor manufacturing. However, PFHxS may pose significant adverse effects on human health and the environment because of its long-distance migration property. In 2017, PFHxS and its salts were included in the list of Substances of Very High Concern (SVHC) by the European Chemicals Agency (ECHA). Last June, PFHxS, along with its 147 salts and related compounds, was newly added to Annex A (Elimination) of the Stockholm Convention without any exemptions.

Of POPs:

Persistent organic pollutants (POPs) are natural or synthetic organic pollutants with persistence, bio-accumulation, semi-volatile and high toxicity. They can have long-distance migration by sorts of environmental medias (air, water and organisms) and cause serious damage to human health or ecology.

The POPs Regulation was published in 2019 aiming to manage substances listed in Annex of the Stockholm Convention. In the following are the main purposes:

prohibit or severely restrict the production, placing on the market and use of POPs;
minimise the environmental release of POPs that are formed as industrial by-products;
make sure that stockpiles of restricted POPs are safely managed; and
ensure the environmentally sound disposal of waste consisting of, or contaminated by POPs.

Comments:

The management of PFAS substances is increasingly stricter in the global range and relevant enterprises shall pay close attention to the latest laws and regulations, understand the cutting-edge technique methods to ensure product compliance and safety.