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ECHA Receives “One of the Broadest” Proposals to Restrict PFAS under REACH

By Lynn L. Bergeson & Carla N. Hutton on January 17, 2023
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The European Chemicals Agency (ECHA) announced on January 13, 2023, that the national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden have submitted a proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. ECHA will publish the detailed proposal, “one of the broadest in the [European Union’s (EU)] history,” on February 7, 2023. According to ECHA, the national authorities found risks in the manufacture, placement on the market, and use of PFASs that are not adequately controlled and need to be addressed throughout the EU and the European Economic Area (EEA). ECHA states that it will run the required administrative checks before the proposed restriction and supporting documents are made available on February 7, 2023. On the same day, the national authorities will host a hybrid media event in Brussels from 11:00 to 12:30 (CET).

ECHA’s Scientific Committees for Risk Assessment (RAC) and for Socio-Economic Analysis (SEAC) will check that the proposed restriction meets the legal requirements of REACH in their March 2023 meetings. If it does, RAC and SEAC will begin their scientific evaluation of the proposal. ECHA plans to begin a six-month consultation on March 22, 2023. ECHA states that it will hold an online information session on April 5, 2023, to explain the restriction process and help those interested in participating in the consultation.

ECHA notes that the opinions of RAC and SEAC are typically ready within 12 months of the start of the scientific evaluation, in accordance with REACH. In view of the complexity of the proposal and the extent of information that is expected from the consultation, however, RAC and SEAC “may need more time to finalise their opinions.” Once the opinions are adopted, they will be sent to the European Commission (EC), who together with the EU member states will then decide on a potential restriction.

Photo of Lynn L. Bergeson Lynn L. Bergeson

President of The Acta Group (Acta®), Ms. Bergeson counsels clients on issues pertaining to chemical hazard, exposure and risk assessment, and risk communication. She has earned an international reputation in the legal and regulatory aspects of conventional and nanoscale chemical regulatory…

President of The Acta Group (Acta®), Ms. Bergeson counsels clients on issues pertaining to chemical hazard, exposure and risk assessment, and risk communication. She has earned an international reputation in the legal and regulatory aspects of conventional and nanoscale chemical regulatory programs under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the European Union’s Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and on issues pertinent to nanotechnology and other emerging transformative technologies. Specialties include chemical product approval and regulation under TSCA, FIFRA, and REACH, as well as nanoscale substances and nanomaterials law, policy, and regulation.

Today, Ms. Bergeson works with corporations and a wide range of trade associations on evolving regulatory and policy matters pertinent to products of conventional, biotechnology, biobased chemicals, nanotechnologies, and other emerging technologies particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

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Photo of Carla N. Hutton Carla N. Hutton

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as…

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    REACHblog™
  • Organization:
    The Acta Group
  • Article: View Original Source

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