G/TBT/N/NZL/88  
26 September 2019  
(19-6193) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  NEW ZEALAND   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Authority  
Phone: +64 4 916 2426  
Fax: +64 4 914 0433  
Email: info@epa.govt.nz  
Website: https://www.epa.govt.nz   
Level 10  
Grant Thornton House  
215 Lambt on Quay  
Wellington 6011  
New Zealand  
Private Bag 63002  
Wellington  
6140 
New Zealand  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notificat ion shall be indicated if different from above:   
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  The 
products to be phased out are PFAS (perfluoroalkyl and polyfluoroalkyl substances) 
containing fire fighting foam concentrates.; Preparations and charges for fire -
extinguishers; charged fire -extinguishing grenades (HS 3813)  
5. Title, number of pages and language(s) of the notified document:  Firefighting 
Chemicals Group Standard 2017 -HSR002573 (13 page(s), in English)  
6. Description of content:  Proposed changes to the current regulatory requirements to:  
1. Provide for the ph asing out of PFAS (perfluoroalkyl and polyfluoroalkyl substances) 
containing firefighting foam concentrates, including:  
• Legacy fluorotelomer C8 aqueous film forming foams. This includes products 
containing perfluorooctanoic acid (PFOA) -related compounds that have just 
been listed as a Persistent Organic Pollutant (POP) in the Stockholm 
Convention.  
• Modern fluorotelomer C6 Aqueous Film Forming Foam (AFFF). These are not 
listed as a POP in the Stockholm Convention, however, they were  
recommended not to be used as alternatives (to C8 foams) by the Conference 
of the Parties for the Stockholm Convention.  G/TBT/N/NZL/88  
 
- 2 - 
 
  2. Restrict the purpose for which perfluoroalkyl and polyfluoroalkyl substances (PFAS) 
firefighting foams may be imported or manufactur ed to importation or manufacture for 
certain transitional uses  
3. Provide for conditions attaching to the importation or manufacture, use, storage and 
disposal of PFAS firefighting foams, and the use, storage and disposal of PFAS firefighting 
foam waste p roducts for the purpose of protecting the environment.  
4. Set general conditions on the use of fire -fighting chemicals, including requirements 
relating to labelling, safety data sheets, packaging and disposal.  
7. Objective and rationale, including the n ature of urgent problems where 
applicable:   
1. Ensure that there is clarity and certainty about which firefighting foams are legal for 
use in New Zealand.    
2. Take account of the expanding scientific knowledge about PFAS substances and 
recent developments internationally in the regulation of firefight ing foams to protect:  
• Human and animal health  
• The environment  
3. Consumer information and labelling  
8. Relevant documents:   
Proposal to amend the Fire Fighting Chemicals Group Standard 2017  
1. When adopted, the proposed amendments will be published in 
http://legislation.govt.nz/  and in https://www.epa.govt.nz/   
2. The Fire Fighting Chemicals Group Standard 2017, at tached to the above document.  
3. The following decisions of the Conference of the Parties to the Stockholm Convention 
on Persistent Organic Pollutants:  
o Decision SC -9/12 to list PFOA and PFOA -related compounds as POPs  
o Decision SC -9/13 recommending that other PFAS foams not be used (see 
report UNEP/POPS/COP.9/30 for this decision)  
o See: 
http://chm.pops.int/TheConvention/ConferenceoftheParties/%20ReportsandDe
cisions/tabid/208/Default.aspx  
4. Section G of Chapter IV of the Basel Convention POPs Waste Technical Guidel ines 
9. Proposed date of adoption:  20 March 2020  (indicative date)  
Proposed date of entry into force:  21 September 2020  (indicative date)  
10. Final date for comments:  9 December 2019  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://www.epa.govt.nz/public -consultations/open -consultations/