Jaime Sales, Francisco Hernández, Deepak Kapoor, Marcel van den Noort

International Chemical Regulatory and Law Review, Volume 5 (2022), Issue 1, Page 13 - 23

Fluoropolymers are high value chemicals that provide a wide variety of properties in key industrial sectors. These chemicals are indispensable to guarantee the adequate functioning of modern society, with key contributions in safety, decarbonization, and high-tech development. Due to their chemical composition and structure, fluoropolymers match the definition of the PFAS group of substances. However, this definition was originally not intended for regulatory purposes. Indeed, this group of substances is currently under heavy pressure due to the fact that some other chemicals in the group have raised environmental concerns in the past. However, fluoropolymers show clearly differentiated properties from other PFAS, and the vast majority of these polymers have been identified as matching the definition of Polymer of Low Concern. Fluoropolymers are not expected to degrade during normal use or at their end of life, and the main concerns related to their manufacture are being successfully addressed by industry, with innovative developments in both safer designs and improvement of abatement techniques to control emissions.

Dieter Drohmann, Francisco Hernández

International Chemical Regulatory and Law Review, Volume 3 (2020), Issue 1, Page 25 - 35

The substitution process is an important tool defined in the REACH Regulation to remove the risks derived from the use of hazardous chemicals. However, when the alternative substance is suitable in technical and economic terms, but it is just as harmful or potentially worse as the replaced one, the process results in regrettable substitution. The absence of information regarding the hazard properties of the substitute substance, inconsistencies on implementation of the European chemicals Regulations, and the lack of interest of some part of the industry to manage stringent classifications, are the main reasons why this situation is generated. Change in the paradigm ‘No data, no market’ to ‘No data, no problem’, and replacement with the ‘Least regulated alternative’ instead of the ‘Least hazardous alternative’ are the results of the regrettable substitution scenarios. In order to avoid this practice, EU Authorities and the chemical industry should work together to achieve solutions, like clarifying the objective of substitution, improving the regulatory processes, or involving industry and stakeholders into rigorous evaluations of potential alternatives to substances of concern. This will guarantee a level playing field for companies on the European market of chemicals in front of regrettable substitution.