10 Restrictions on the use of perfluorooctane
sulfonates
| (27097)
15552/05
COM(05) 618
| Draft Directive relating to restrictions on the marketing and use of perfluorooctane sulfonates
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| Legal base | Article 95EC; co-decision; QMV
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | Minister's letter of 30 November 2006
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| Previous Committee Report | HC 34-xiv (2005-06), para 12 (11 January 2006)
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| To be discussed in Council | 4-5 December 2006
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
10.1 Perfluorooctane sulfonates (PFOS) belong to a group of chemicals
which have in the past been used mainly as providing resistance
to grease, oil and water for materials such as textiles, carpets,
paper and in general coating, though current uses are now principally
in chromium plating, photography, photolithography, fire fighting
foams and hydraulic fluids for aviation. However, an OECD hazard
assessment in 2002 concluded that they were persistent, bio-accumulative
and toxic to the environment and to human health, and the Commission
therefore proposed in December 2005 that they should not be used
or placed on the market in a concentration equal to, or greater
than, 0.1% by mass, subject to there being derogations where they
are used in certain critical applications.[24]
10.2 We were told by the Government that the proposal is based
on work carried out in the UK, and that it had subsequently developed
draft proposals which would have involved an immediate ban in
this country on the storage and use of PFOS and PFOS-related substances
at above 0.1% by mass, and a ban on the importation of fire fighting
foams containing PFOS. There would also have been a five year
derogation for fire fighting foams, and critical applications
in photography and photolithography, with a two year derogation
for all chrome plating applications. The use of PFOS in aviation
hydraulic fluids, and for the purposes of research, development
and analysis, would have been exempted from the regulations.
10.3 To that extent, the Commission proposal broadly fitted with
agreed UK Government policy. However, as we noted in our Report
of 11 January 2006, it is clearly desirable that any derogations
should be as limited as possible, given their nature of these
substances, and we said that we were therefore concerned to note
that —
unlike those in the draft UK regulations —
the derogations proposed by the Commission were open-ended. Consequently,
whilst we saw no need to withhold clearance, we said that we would
like to know whether the UK intended to press for the Community
derogations to be time limited as well.
Minister's letter of 30 November 2006
10.4 We were subsequently told by the then Minister
that the case for time limited derogations would form the core
of the UK's negotiating position, and we have now received from
the Minister for Sustainable Farming and Food at the Department
of Environment, Food and Rural Affairs (Lord Rooker) a letter
of 30 November 2006, indicating that, following the European Parliament's
first reading, an agreement has been reached between the Parliament,
the Council and the Commission, which is expected to be adopted
by the Council on 4-5 December. This follows closely the lines
of the original proposal, but the Minister says that, instead
of imposing (with one exception) a time limit on the derogations,
the Commission has committed itself to reviewing these, with a
view to phasing them out as soon as safer alternatives are technologically
and economically feasible. In the meantime, Member States must
in each case use best available technology to minimise releases
into the environment and demonstrate that no safer alternatives
are available.
Conclusion
10.5 We note that the provisions expected to be
adopted are acceptable to the UK, and, although the amendments
made as regards the proposed derogations do not affect our earlier
clearance, we are drawing them to the attention of the House.
24 Photolithography processes and photography; as mist
suppressants in chromium plating; in aviation fluids; and in fire
fighting foams. Back
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