Impact assessment

Review of statutory exemptions for permitted uses of persistent organic pollutants (POPs)

Published 18 July 2022

Defra is undertaking a review of statutory exemptions for permitted uses of the following persistent organic pollutants (POPs):

• decabromodiphenyl ether (decaBDE)
• perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
• perfluorooctane sulfonic acid (PFOS), its salts and its derivatives
• short chain chlorinated paraffins (SCCPs)

We are inviting industry to provide information on the use of these POPs.

This information will help Defra and the Stockholm Convention understand the continued need for specific exemptions.

How to comment

Please email the following information and responses to POPS@defra.gov.uk.

Comments must be submitted by 12 August 2022.

You should refer to the exemptions and accepted uses for persistent organic pollutants for details on the POPs being reviewed and the specific exemptions.

Information required

1. Name, email address and phone number for your chemicals or technical manager (or other appropriate contact).
2. The name of the organisation you are responding on behalf of.
3. Do you manufacture or use a POP in a particular process?
4. Which specific exemption are you making use of?
5. What is the purpose(s) of the production or use of the POP?
6. What is the estimated quantity of production or use of the POP?
7. Why can an alternative to the POP not be used?
8. What efforts are being made to reduce reliance on the POP exemption and to transition to an alternative chemical?

You should provide a full set of responses for each individual POP exemption that you made use of.

Some details of your response will be shared with the Stockholm Convention, however, this will not include any identifying information such as personal names, organisation name, or contact information.

You should also consider the privacy notice before you respond.

Exemptions and accepted uses for persistent organic pollutants (POPs) in the UK

The exemptions and derogations in place for each of the 4 POPs are outlined below.

The numbers correspond to those outlined in Annex I of the Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast).

Decabromodiphenyl ether (decaBDE)

The exemptions and derogations in place for decaBDE are as follows:

Aircraft

3A (a) in the manufacturing of an aircraft, for which type approval was applied for before 2 March 2019 and was received before Dec 2022, until 18 Dec 2023, or, in cases where the continuing need is justified, until 2 March 2027.

3A (b) in the manufacturing of spare parts for either of the following:

(i) an aircraft, for which type approval was applied for before 2 March 2019 and was received before Dec 2022, produced before 18 Dec 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft

Motor vehicles

3A (b)(ii) motor vehicles within the scope of Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive), produced before 15 July 2019, either until 2036 or the end of service life of those motor vehicles, whichever date comes earlier

4. Specific exemptions for spare parts for use in motor vehicles apply for the manufacturing and use of commercial decaBDE falling into one or more of the following categories:

a. powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (for example, engine wiring), speed sensors, hoses, fan modules and knock sensors

b. fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body

c. pyrotechnical devices and applications affected by pyrotechnical devices such as airbag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side)

Electric and electronic equipment

3A (c) electric and electronic equipment within the scope of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds

The exemptions and derogations in place for PFOA are as follows:

5 (a) photolithography or etch processes in semiconductor manufacturing, until 4 July 2025

5 (b) photographic coatings applied to films, until 4 July 2025

5 (c) textiles for oil- and water-repellency for the protection of workers from dangerous liquids that comprise risks to their health and safety, until 4 July 2023

5 (d) invasive and implantable medical devices, until 4 July 2025

5 (e) manufacture of polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF) for the production of:

i) high-performance, corrosion-resistant gas filter membranes, water filter membranes and membranes for medical textiles

ii) industrial waste heat exchanger equipment

iii) industrial sealants capable of preventing leakage of volatile organic compounds and PM2.5 particulates, until 4 July 2023

1. By way of derogation, the use of PFOA, its salts and PFOA-related compounds shall be allowed in fire-fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems, until 4 July 2025, subject to the following conditions:

   a) fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall not be used for training

   b) fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall not be used for testing unless all releases are contained

   c) as from 1 Jan 2023, uses of fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall only be allowed in sites where all releases can be contained

   d) fire-fighting foam stockpiles that contain or may contain PFOA, its salts and/or PFOA-related compounds shall be managed in accordance with Art 5

2. By way of derogation, the use of perfluooroctyl bromide containing perfluoroctyl iodide for the purpose of producing pharmaceutical products shall be allowed, subject to review and assessment by the Commission by 31 Dec 2026, every 4 years thereafter and by 31 Dec 2036.

3. By way of derogation, the manufacturing, placing on the market and use of PFOA, its salts and PFOA-related compounds shall be allowed until 3 December 2020 for the following purposes:

   a) medical devices other than implantable ones, within the scope of Regulation (EU) 2017/745

   b) latex printing inks

   c) plasma nano-coatings

Perfluorooctane sulfonic acid, its salts and its derivatives, (PFOS)

The exemptions and derogations in place for PFOA are as follows:

1. If the quantity released into the environment is minimised, manufacturing and placing on the market shall be allowed until 7 September 2025 for use as mist suppressant for non-decorative hard chromium (VI) plating in closed loop systems. Provided that those Member States where PFOS is used report to the Commission by 7 September 2024 on progress made to eliminate PFOS and justify the continuing need for this use, the Commission shall review the need for a prolongation of the derogation for this use of PFOS for a maximum of 5 years by 7 September 2025.

Short chain chlorinated paraffins (SCCPs)

The exemptions and derogations in place for SCCPs are as follows:

1. By way of derogation, the manufacturing, placing on the market and use of substances or mixtures containing SCCPs in concentrations lower than 1 % by weight or articles containing SCCPs in concentrations lower than 0,15 % by weight shall be allowed.

Stockholm Convention

The UK is a party to the Stockholm Convention on persistent organic pollutants (POPs), which are substances that persist in the environment, accumulate in living organisms and pose a risk to our health and the environment.

They can be transported by air, water or migratory species across international borders, reaching regions where they have never been produced or used.

Substances listed in the convention are generally prohibited from production, marketing or use. However, exemptions apply to some substances for which specific acceptable purposes have been agreed. Specific exemptions allowing the use of POPs are rare and apply only to very specific activities.

Under the Stockholm Convention, the UK must report the extent to which these exemptions are being used in the UK and what efforts are being made to reduce reliance on the exemptions and transition to other, less harmful, substances.