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The European Commission has adjusted elements of its proposed restrictions on a broad group of long-chain PFAS under the EU’s Persistent Organic Pollutants (POPs) Regulation following stakeholder feedback.
A delegated regulation adopted on 7 September would add long-chain perfluorocarboxylic acids (PFCAs), their salts and related compounds containing carbon chain lengths from C9 to C21 to Annex I of the POPs Regulation, implementing a decision adopted by parties to the Stockholm Convention on POPs in May 2025.
However, the Commission’s explanatory memorandum showed that it adjusted several provisions following comments from stakeholders, including chemical manufacturers and downstream users, made during a meeting of the EU POPs expert group and a public consultation that ran from 21 November to 19 December last year.
According to the document, industry stakeholders had said that while shorter-chain C9-C14 PFCAs are regulated under REACH, C15-C21 PFCAs are not. As a result, analytical standards are not yet available for some longer-chain substances, including C15, C17 and C19-C21 PFCAs. Industry said only semi-quantitative analysis is currently possible and warned that some fluorinated materials can contain these substances as unintended impurities.
In response, the Commission introduced temporary unintentional trace contaminant (UTC) limits for fluoroplastics, fluoroelastomers and PTFE micropowders. Under the final text, a separate UTC limit of 15ppm will apply to C15-C21 PFCAs in these products for four years, giving manufacturers additional time to develop analytical methods and reduce residual levels of the longer-chain substances. After that period, the substances would be subject to the same stricter limits that apply to the shorter-chain C9-C14 group.
Firefighting foams
The explanatory memorandum also showed that the Commission amended the proposal following stakeholder comments on firefighting foams. One stakeholder said that, as with PFOA, long-chain PFCAs may be present unintentionally in firefighting foams at levels above the general contamination limit.
The Commission subsequently introduced specific UTC limits for such foams and a separate limit covering contamination that may remain in firefighting systems after cleaning.
The final proposal also contained an exemption linked to semiconductors used in spare parts. According to the memorandum, some stakeholders requested that exemptions agreed under the Stockholm Convention be reflected in the EU framework.
While REACH contains a temporary exemption for semiconductors used in replacement parts for electronic equipment, the Commission said it was adding a specific exemption to cover potential intentional uses of C15-C21 substances in semiconductors manufactured outside the EU and contained in imported articles.
Commission rejections
The Commission rejected some other requests from industry. Stakeholders had asked for an exhaustive list of substances covered by the restriction, but the Commission said this was not possible because technical developments could identify additional related compounds in the future.
It also dismissed concerns about overlapping regulation with REACH, saying it would begin a process to remove the existing REACH restriction on C9-C14 PFCAs once the delegated regulation is adopted.
The Commission said comments seeking broader exemptions or additional transition periods for impurities in articles had been addressed through the revised contamination thresholds rather than through new derogations.
The delegated regulation is now subject to scrutiny by the European Parliament and Council before entering into force.