EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
ANNEX  
 
ANNEX  
to the  
COMMISSION REGULATION (EU) …/…  
of XXX  
 
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament 
and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms 
in the chain (C9 -C14 PFCAs), their salts and related substances  
  EN 1  EN ANNEX  
In Annex XVII , entry 68 is replaced by the following : 
‘XX. Linear and branched 
perfluorocarboxylic acids  of the formula 
CnF2n+1-C(=O)OH where n=8, 9, 10, 11, 
12, or 13  (C9-C14 PFCAs) , 
including  their salts, and any 
combinations thereof ; 
 
Any C9-C14 PFCA -related substance 
having a perfluoro group with the 
formula CnF2n+1- directly attached to 
another carbon atom, where n=8, 9, 10, 
11, 12, or 13, including any 
combinations thereof;  
 
Any C9-C14 PFCA -related substance 
having a perfluoro group with the 
formula C nF2n+1- that it is not directly 
attached to another carbon atom , where 
n= 9, 10, 11, 12, 13 or 14 as one of the 
structural elements , including  any 
combinations thereof . 
 
The following substances are ex cluded  
from th is designation  
 CnF2n+1-X, where X= F, Cl, or 
Br 
where n=9, 10, 11, 12, 13 or 14, 
including any combinations 
thereof;  
 CnF2n+1-C(=O)OX' where n>13 
and X'=any group, including 
salts.  
______________________________  
 
 
 
 
 
 
 
 
 
 
 1. Shall not be manufactured, or placed on the 
market as substances on their own  from  [date-18 
months after date of entry into force].   
 
2. Shall not , from [date -18 months from entry into 
force],  be used in, or placed on the market in:  
(a) another substance, as a constituent;  
(b) a mixture;  
(c) an article , 
except if the concentration in the substance, the 
mixture, or the article is below  25 ppb for the sum 
of C9 -C14 PFCAs  and their salts or 260  ppb for the 
sum of C9 -C14 PFCA -related substances . 
 
3.  Paragraphs 1 and 2 shall not apply to :  
(a) the manufacture of a substance where this 
occurs as an unavoidable by -product of the 
manufactur e of fluorochemicals with a 
perfluoro carbon chain equal to or shorter 
than 6 a toms ;  
(b) a substance that is to be used, or is used as a 
transported isolated intermediate, provided 
that the conditions in points (a) to (f) of 
Article 18(4) of this  Regulation are met ; 
 
4.  Paragraph  2 shall apply from  4 July 2023 to : 
(i) textiles for oil- and water -repellency for 
the protection of workers from dangerous 
liquids that comprise risks to their health 
and safety;  
(ii) the manufacture of 
polytetrafluoroethylene (PTFE) and 
polyvinylidene fluoride (PVDF) for the 
production of :  
- high performan ce, corrosion 
resistant gas filter membranes, 
water filter membranes and 
membranes for medical textiles;  
- industrial waste heat exchanger 
equipment;  
- industrial sealants capable of 
preventing leakage of volatile 
organic compounds and PM 2.5 
particulates   
 5. By way of derogation  to paragraph 2 , the use of EN 2  EN C9-C14 PFCAs, their salts and related substances 
shall be allowed until 4 July 2025 for  
(i) photolithography or etch processes in 
semiconductor manufacturing;  
(ii) photographic coatings applied to films;  
(iii)  invasive and implantable medical 
devices ; 
(iv 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, 
subject to the following conditions:  
- fire-fighting foam that contains 
or may contain C9 -C14 PFCAs, 
its salts and related substances 
shall not be used for training;  
- fire-fighting foam that contains 
or may contain C9 -C14 PFCAs, 
its salts and related substances 
shall not be used for testing 
unless all releases are contained;  
- from 1 January 2023,  uses of 
fire-fighting foam that contains 
or may contain C9 -C14 PFCAs, 
its salts and related substances 
shall only be allowed  to sites 
where all releases can be 
contained;  
- fire-fighting foam stockpiles th at 
contain or may contain C9 -C14 
PFCAs, its salts and related 
substances shall be managed in 
accordance with Article 5 of 
Regulation (EU) 2019/1021 .  
 
6. Paragraph 2 (c) shall not apply to articles placed 
on the market before [date -18 months after date of 
entry into force].  
 
7. Paragraph 2 shall not apply to the can coating for 
pressurised metered -dose inhalers until [date -seven 
years after the entry into force].  
 
8. Paragraph 2 (c) shall  apply from 31 December 
2023 to:  
 EN 3  EN (a) semiconductors  on their own ; 
(b) semiconductors incorporated in semi-
finished and finished electronic 
equipment .  
9. Paragraph 2(c) shall apply from 31 December 
2030 to semiconductors used in spare or 
replacement parts for finished electronic equipment 
placed on the market before 31 Decem ber 2023.  
 
10. Until [date - 36 months after the entry into force 
of the restriction], t he concentration li mit referred to 
in paragraph 2 shall be 2000 ppb for the sum of C9 -
C14 PFCAs in fluoropolymers that contain 
perfluoropropoxy -groups or perfluoromethoxy -
groups and are used in the following product 
groups: PTFE fine powders, fluoroelastomers and 
aqueous dispersions. From [date -36 months after 
the entry into force of the restriction ], the 
concentration limit shall be 400 ppb for the sum of 
C9-C14 PFCAs. This derogation shall not apply to 
articles  as referred to in paragraph 2(c) .   
 
[Placeholder: 2 additional derogations cf recital 
(11)]  
 
11. For the purposes of this entry, C9 -C14 PFCA -
related substances are substances that, based on 
their molecular structure, are considered to have the 
potential to degrade or be transformed to C9 -C14 
PFCAs .’