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PURPOSE: to place restrictions on the marketing and use of perfluorooctane
sulfonates and to amend Council Directive 76/769/EEC accordingly. LEGISLATIVE
ACT: Directive 2006/122/EC of the European Parliament and of the Council
amending for the 30th time Council Directive 76/769/EEC on the
approximation of the laws, regulations and administrative provisions of the
Member States relating to restrictions on the marketing and use of certain
dangerous substances and preparations (perfluorooctane sulfonates). BACKGROUND: an
OECD assessment of perfluorooctane sulfonates (PFOs) concluded that they are
persistent, bio accumulative and toxic to mammalian species. The EU’s
Scientific Committee on Health and Environmental Risks (SCHER) formed similar
conclusions to that of the OECD and noted that PFOs could be considered persistent
organic pollutants (POPs). As a result the SCHER noted that: - measures might be needed to avoid the re-occurrence
of former PFO uses; - on-going critical uses in the aviation industry, the
semiconductor industry and the photographic industry did not appear to pose a
relevant risk – on condition that exposures be minimised; - that alternatives to PFOs in fire-fighting foam
should be assessed, from an environmental point of view, before a final
decision can be taken; - the use of PFOs in the plating industry should be
restricted. CONTENT: based
on the above analysis this Directive restricts the placing on the market, and
the use of, PFOs in the EU. It covers all major “exposure” risks. Thus, PFOs
may not be placed on the market or used as a substance or constituent of
preparations in concentrations equal to or higher than 0,005% of the mass.
The use of PFOs that are deemed to carry a “minor” risk are, currently,
exempted from the Directive (for example, photographic coatings applied to
films, papers or printing plates). The derogations are, however, subject to
regular reviews. In other areas
the Directive: - gives special attention to the plating processes that
rely on PFOs and the releases from those process through the application of
best available techniques (BATs); - restricts the use of semi-finished products and
articles containing PFOs in order to protect the environment. The
restrictions will cover all products and articles to which PFOs are intentionally
added; - will apply only to new products and not to products
already in use or on the second hand market. However, existing stocks of
fire-fighting foams containing PFOs will need to be identified and their use
only allowed for a limited period; - requires the Commission to review each derogation
once new information on safer alternatives becomes available; - requires that perflorooctanic acid (PFOA), which has
similar qualities to PFOs, to be kept under review. ENTRY INTO
FORCE: 27 December 2006. TRANSPOSITION:
27 December 2007. APPLICATION:
27 June 2008.
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