Hello QueSeanians,
PFOA (Perfluorooctanoic acid) is subject to stringent restrictions under both the Stockholm Convention and the EU’s Persistent Organic Pollutants (POPs) Regulation . However, a pertinent question arises: What are the implications for ships operating within the EU that utilize extinguishing media containing PFOA?
On April 8, 2020, the European Commission adopted Commission Delegated Regulation (EU) 2020/784, which amended Annex I of Regulation (EU) 2019/1021 concerning persistent organic pollutants (POPs). This amendment includes perfluorooctanoic acid (PFOA), its salts, and PFOA-related substances in Part A of Annex I, aligning with the EU’s commitment to the Stockholm Convention on POPs. The regulation took effect on July 4, 2020, replacing the REACH Annex XVII entry 68 (Regulation (EU) 2017/1000), which is set to be removed.
Under Regulation (EU) 2020/784, the use of PFOA (PFOA is part of the larger group of PFAS), its salts, and related compounds is allowed in firefighting foams for vapor suppression of liquid fuel and in firefighting for liquid fuel fires (Class B fires) that are already installed in both mobile and fixed systems until July 4, 2025, subject to specific conditions.
However, the Commission through the draft Commission Delegated Regulation (EU) …/… amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards perfluorooctanoic acid (PFOA), its salts and PFOA-related compound proposes to extend the specific exemption to 3 December 2025.
It is important to note that there are no explicit ship-specific requirements outlined in these regulations. Yet, I found a ship-specific reference in the Opinion on an Annex XV Dossier proposing restrictions on PFAS in firefighting foams by the European Chemicals Agency (ECHA). This document was also included as an information paper to the IMO at Sub-Committee on Ship Systems and Equipment SSE-11 in March 2024, designated as SSE 10/INF.5. The SSE 10/INF.5 highlights challenges for existing ships. Also, it states that should be taken into account that PFAS prohibition would be a burden and avoidable hazard to existing ships and their crew, as available PFAS-free foam agents are not compatible with the fixed fire-extinguishing systems on board existing ships owing to their different viscosity and density. IMO SSE concluded that this topic on the prohibition of PFAS would benefit from another session for further discussions, understanding that the item would be considered completed if no submissions were received for a second year (2026).
Since there are no specific requirements outlined in (EU) 2020/784 regarding ships (i.e., EU-flagged ships or ships operating within the EU), there is some ambiguity about whether this regulation applies to them. I have placed a request for further clarification to the Europe Direct Contact Centre. But, I am still waiting for a reply.
In general, I understand that:
- The use of PFOA in firefighting foams will be banned in the EU after December 3, 2025. pending the finalization of the draft Commission Delegated Regulation (EU) …/… amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards perfluorooctanoic acid (PFOA)
- SSE 10/INF.5, submitted by EU member states including Greece, indicates that these countries are aware of the challenges that existing ships face with an outright ban on PFAS.
Reference:
SSE 10-INF.5 - Information on the opinions of the scientific committees of the European ChemicalsAgency o… (Austria, Belgium, Bulgari…).pdf (968.1 KB)