Submissions to the PFAS consultation in support of F-gases

The September newsletter reported details of the EFCTC comprehensive response to the PFAS restriction proposal and submissions and positions by German industry groups (exemptions for F-gases required for refrigeration, air conditioning and heat pumps) and Orgalim (crucial to avoid double regulation to ensure that there will be alternatives left for refrigerants). The consutation closed on 25 September, resulting in over 5600 submissions (see LaRFP).

Based on the information in its submission and the additional information provided by other key stakeholders of the F-gas value chain, EFCTC proposed the following derogations for F-gases:

• A time-unlimited derogation for the substances listed in the Annex I and Annex II Section 1 of the F-gas Regulation revision proposal. Should the possibility to grant a time-unlimited derogation for the substances listed in Annex I and Annex II Section 1 of the F-gas Regulation revision proposal be considered not to be feasible by the ECHA Committees, we urge RAC and SEAC members to carefully consider any application-based derogations which might be suggested by the representatives of the F-gas value chain and supported by evidence provided.
• A time-unlimited derogation allowing the use of virgin, recycled and reclaimed F-gases for the maintenance and refilling of equipment until the end of its lifetime for all the uses permitted under the EU F-gas Regulation to guarantee that the PFAS restriction does not impede the use of F-gases for maintenance to avoid undermining the EU goals towards the Circular Economy. Allowing the continued use of F-gases would support the capacity to service equipment that has not yet reached its end of life, avoiding a premature decommissioning of the equipment and subsequently unnecessary waste.
• More adequate concentration limits applicable to F-gases, setting the threshold for F-gas impurities at 0.5% w/w as already established by AHRI 700.

EFCTC has expressed its availability to answer any follow-up questions in the context of the inclusion of F-gases in this REACH restriction process.

Submissions from a range of trade associations supported the continued use of F-gases by proposing derogations with details published on their websites.

EPEE: In its submission, EPEE requested time-unlimited derogations [F-gases and fluoropolymers] to avoid a significant loss of efficiency for key products in heating and cooling. According to EPEE, further restrictions on the use of F-gases and fluoropolymers would drastically slow the deployment of heat pumps, on which the EU depends to reach independence from Russian fossil fuels and meet the climate targets by 2030. See the EPEE press release.

IPAC, the International Pharmaceutical Aerosol Consortium, requests in its submission the Derogation of MDI Propellants HFC-134a and HFC-227ea, and Permanent Exemption or Time-Unlimited Derogation of HFO-1234ze(E) from PFAS REACH Restriction Proposal. IPAC requests a 12-year derogation for HFC-134a and HFC-227ea as medical propellants (“existing medical propellants”) and a permanent exemption or time-unlimited derogation from the proposal of HFO-1234ze(E) as a medical propellant (“future medical propellant”). See the IPAC submission (September 2023). Explanatory note: HFC-152a also proposed as a new propellant is not in the scope of the ECHA REACH PFAS proposal.

The Japanese Business Council for Europe commented in its position paper that the inclusion of F gases within the suggested REACH Universal PFAS Restriction Proposal should be avoided due to double regulation, given that these gases are already governed by a dedicated Regulation (EU Regulation 517/2014). This existing regulation, currently under review, already adequately addresses key concerns like containment, leakage inspections, proper handling, reporting, and end of life procedures. See the position paper. Founded in 1999, Japan Business Council in Europe (JBCE) is a leading European organisation representing the interests of about 100 multinational companies of Japanese parentage active in Europe. The JBCE members operate across a wide range of sectors, including information and communication technology, electronics, chemicals, automotive, machinery, wholesale trade, precision instruments, pharmaceutical, textiles, and glass products.

For any questions, please contact the EFCTC Secretariat at eco@cefic.be