EUU, Alm.del - 2022-23 (2. samling) - Supplerende svar på spørgsmål 49: Spm. om, hvilke interessenter, virksomheder mv. ministeriet har været i dialog med i forbindelse med ønsket om at indføre et forbud imod anvendelsen af PFAS, til miljøministeren, kopi til udenrigsministeren

Europaudvalget 2022-23 (2. samling)
EUU Alm.del
Offentligt

15/10/2021

Bld. Brand Whitlock 114

B-1200 Brussels

+32 2 738 78 15

Naomi Marc

[email protected]

APPLiA’s comment paper on a document “Report

summary food

contact materials and packaging”

accompanying the call-for-evidence

process concerning the upcoming PFAS REACH restriction proposal.

APPLiA, the EU industry association representing manufacturers of home appliances,

including heating, ventilating and air conditioning equipment, would like to inform

competent authorities of its opinions regarding the “Report

summary food contact

materials and packaging”

(‘summary

report’),

in the context of the upcoming per- and

polyfluoroalkyl substances (PFAS) REACH restriction proposal from five Member States.

As a new call-for-evidence (CfE) exercise

has been launched by these Member States

back in July 2021, APPLiA would like to provide specific input and feedback to some

sections of a summary report accompanying the CfE.

APPLiA key messages on the Report are:

●

Fluoropolymers are a highly valuable group-of-substances with a unique

combination of essential properties for the home appliance sector.

There are no current (non-PFAS) effective alternatives to fully substitute and

deliver the performances currently attained by perfluorinated-based materials,

in order to reach consumers purchasing expectations for home appliances with

food contact purposes.

Using fluoropolymers consequently results in securing home appliances’ long-

lasting technology.

A REACH restriction on fluoropolymers, i.e. without proper derogation to keep on

using polytetrafluoroethylene (PTFE), fluorinated ethylene propylene (FEP),

fluoroelastomers (e.g. FKM), and polyvinylidene fluoride (PVDF) in specific food

contact material applications, would most likely close several businesses in the

near future, despite the fact that the current use of such substances in our sector

is fully under control from an equipment manufacturing, regulatory, and

durability point-of-view.

●

1. Uses/Applications

– Consumer cookware product categories (Point 1.2 “Consumer

cookware”,

p.3)

To provide some examples, APPLiA’s

product scope of (domestic) equipment in contact

with food (i.e. food contact materials) and using fluoropolymers includes coffee machines,

electrical planchas and kitchen machines as well as food processors’ accessories.

As there are different categories, and a difference is made between frying pans and sauce

pans, we would recommend to be more granular also with the other remaining product

categories.

Regarding the next bullet point of the summary report:

Report summary food contact materials and packaging,

published online 19.07.2020 (here).

Direct link to the CfE exercise available online

here.

www.applia-europe.eu

APPLiA Home Appliance Europe

EUU, Alm.del - 2022-23 (2. samling) - Supplerende svar på spørgsmål 49: Spm. om, hvilke interessenter, virksomheder mv. ministeriet har været i dialog med i forbindelse med ønsket om at indføre et forbud imod anvendelsen af PFAS, til miljøministeren, kopi til udenrigsministeren

APPLiA comment paper, Brussels 15

October 2021

“Cooking plates in electric gadgets such as sandwich toasters, waffle irons.”

We would like to recommend erasing and rectifying the wording, as follows:

“Cooking plates in electric

appliances

such as sandwich toasters, waffle irons.”

Furthermore, under point 1.3 of the summary report, and regarding the next bullet points:

Seals, O-rings, gaskets;

Tubing and pipes;

We would like to explain that these product components can also be used in home

appliances, hence, they are not only for “industrial

applications”.

We would recommend

adding these two bullet points of product components under the list of

“consumer

cookware.”

Indeed, our sector uses tubing and pipes constituted of fluoropolymer-based components

for hot water flow under pressure in appliances like coffee machines. Other examples

include tanks and linings that have fluoropolymer-based coatings and are also used in

cooking appliances such as electrical barbecues, planchas, grills, cooking processors, and

healthy fryers.

To conclude under point 1.3, we would also recommend providing the correct term to refer

to oven accessories, that is not “ovenware” but “baking

trays”

or “bake pans”.

2. General comments on non-PFAS alternatives in food contact materials (Point 8.2

“Alternatives – Consumer cookware”, p.19)

There are no current existing (non-PFAS) alternatives that would be available for an

immediate use in the home appliance sector, particularly for use in food contact materials

and products listed above, such as grills and griddle coated surfaces, coffee machines

components, and other kitchen appliances accessories and small parts. To be more

specific, there are no current non-PFAS alternatives with similar properties to those

delivered by fluoropolymer-based materials such as PTFE, FEP and FKM.

The

critical properties and indispensable benefits of using fluoropolymers

produce components, e.g.

tubes, pipes, gaskets

in home appliances with food contact

purposes are highlighted below:

●

The substances deliver the technical application that need thermal resistance and

stability at high temperatures, under pressure (almost 90°C under 15 to 20 bar),

and under high friction;

The substances deliver chemical inertness;

The substances are suitable for food contact, regulatory approved by several

countries (including Europe, USA, Japan);

The substances are well-known and regulated under the plastic food contact

materials legislation (EU) No. 10/2011: there is an existing homogeneous risk

assessment across the Union;

●

www.applia-europe.eu

APPLiA Home Appliance Europe

APPLiA comment paper, Brussels 15

October 2021

●

As a result of using such substances, it is possible to collect and mechanically

recycle the material to produce plastic which would be used for non-food contact

purposes;

As a more general comment, we would like to raise concern that banning the use of such

fluoropolymer substances in electrical cooking appliances not only affects the performance,

but also the longevity of the devices. This is in contradiction to the EU’s goal of a transition

to a circular economy, by generating less waste and the responsible use of resources.

The

crucial properties of fluoropolymer-based coatings

to be used in

kitchen and

cooking processors as

coated surfaces with food contact purposes are highlighted below:

The substances provide a non-stick coating function allowing cooking without fat

that contributes to a better health of users and easy to clean with less detergent

and water;

The substances deliver thermal resistance and stability at high temperatures;

The substances deliver chemical inertness;

The substances are suitable for food contact, regulatory approved by several

countries (including Europe, USA, Japan);

The use of such substances creates low rates of scraps during appliance production

processes, stemming from the fact that organic coatings can be sand-blasted,

coated and cooked again in case it would be necessary as a result of defective

materials, while ensuring there is no waste of metal substrate;

It is also important to point out that fluoropolymer-based

lubricants

are further used in

electrical contacts in household appliances. Indeed, lubricants improve the safety and

reliability of

the appliance’s electrical

contacts to reduce failures.

On another note, we would like to highlight some messages concerning switching to non-

PFAS alternatives for use in food contact materials in the home appliance sector. Indeed,

setting up an alternative requires years and the likelihood of success cannot be

estimated before a Feasibility study is undertaken by the private company.

Also,

it may be plausible that success is not at all guaranteed.

A private-company internal activity to search for a plausible alternative process would

include the next steps: Feasibility study, R&D tests on technical suitability (e.g. use, life

tests), liability assessment (e.g. risk referred to pipes-breaking up), and tests to check

food contact materials compliance in selling countries.

We would like to highlight once again that

there are no current (non-PFAS) effective

alternatives to fully substitute and deliver the performances as currently

attained by perfluorinated-based materials, with a view of reaching consumers

expectations purchasing home appliances with food contact purposes.

A full ban of PFAS use in cooking appliances, without any proper derogation to keep on

using PTFE/FEP/FKM in specific food contact material applications, would most likely close

several businesses in the near future, despite the fact that the current use of such

substances in the home appliance sector is fully under control from an equipment

manufacturing point-of-view, from a food contact material regulatory point-of-view, and

from a durability point-of-view.

It is also worth to highlight that the fluoropolymers which are currently being used, cannot

and should not be compared to the fluoropolymers used in the past.

www.applia-europe.eu

APPLiA Home Appliance Europe

APPLiA comment paper, Brussels 15

October 2021

3. APPLiA comments on potential economic cost impacts that may be incurred as a

result of a PFAS REACH restriction covering fluoropolymer use in food contact

material applications under the home appliance sector (Point 9.2 “Economic

impacts in case of a full PFAS ban

– Consumer cookware”, p.20)

In the case scenario of a full fluoropolymer ban under a REACH restriction process, we

would like to inform that the next types of costs would be incurred by APPLiA member

companies using such substances in certain kitchen appliances:

The cost-impact of a REACH restriction would correspond to the cost of stopping any

activity related to non-stick coatings in cooking appliances. Such losses also include

the related social aspect.

The cost-impact of a REACH restriction would correspond to the cost of stopping any

activity related to the development of searches for an alternative to use for pipes and

other components to certify and maintain it.

We would also like to remind the authorities that in case an alternative would not be

plastic-based, further FCM testing assays would need to be grounded on relevant EU

country national laws and risk assessment procedures, to comply with national food

contact material legislation(s).

Additionally, restricting such substances use in food contact materials would consequently

trigger the loss of complete product families of certain appliances.

fluoropolymer-restriction

would reflect in losing the substances’ complete (specific and

highly valuable) set of technical properties and further functionalities, and its benefits of

use in certain appliances constituted of food grade materials.

In addition, companies/businesses using fluoropolymers are doing so for good reasons,

i.e. for the great benefits for users provided by using fluoropolymers in certain appliances,

compared to using other substances, within the context of

reaching food-grade

materials with suitable technical properties and effective functionalities,

e.g.

thermal resistance and stability at high temperatures, under pressure or friction, chemical

inertness, durability, non-stick properties and easy-to-clean at high temperatures

resistant-coatings that allow cooking without fat.

APPLiA conclusions and further recommendations to competent authorities with

regards to the use of certain fluoropolymers in specific home appliances

Taking into account above-mentioned arguments,

fluoropolymers are a highly

valuable group of substances,

and there are no viable alternatives which would provide

in reaching the exact same set of substance properties and further functionalities in some

appliances. Also, using these substances consequently results in securing the appliances’

long-lasting technology. If there would be a fluoropolymers restriction, there would no

longer be the possibility to offer these appliances with long-lasting technology. There

could also be a “shift” from the use of a substance/material fit to purpose towards a less

fit-to-purpose substance/material, that shall be a compromise between original material

features and new features and shall need re-design of the product or of maintenance

stages. We would recommend the competent authorities to consider these main messages.

On another note, we would like to expand the existing list of references with an additional

one addressing the evaluation of carcinogenic risks of chemicals/polymers

APPLiA also considers that grouping PFAS based on persistent properties only is not

relevant. Risk management process should start with an identification of PFAS sub-

E.g.

IARC Monographs,

Volume 19, 1979, IARC Monographs, Supplement 7, 1987. Available for download

here.

www.applia-europe.eu

APPLiA Home Appliance Europe

APPLiA comment paper, Brussels 15

October 2021

categories based on chemical structure, molecular weight, bioavailability, mobility, and

other relevant properties.

Finally, APPLiA would like to kindly remind the competent authorities that all products

manufactured and placed on the market by our member-companies are fully compliant

with the WEEE Directive 2012/19/EU. Therefore, the disposal of these products, including

its components, is highly and well-regulated already, and must follow a proper and specific

(disposal, collection, recycling) management process as requested by the national

competent authorities, including any perfluorinated-based (waste) material.

We invite the five Member States to consider our input as laid down in this comment paper.

We further kindly recommend those EU competent authorities to take into account and

consider our arguments, as well as address our concerns and recommendations

throughout their work to propose an upcoming PFAS REACH restriction dossier.

APPLiA and its members remain fully available to discuss further the points raised in this

comment paper.

www.applia-europe.eu

APPLiA Home Appliance Europe