Berlin split over EU ‘forever chemicals’ ban it helped propose

German economy and climate minister Robert Habeck has expressed reservations regarding an EU-wide ban of “forever chemicals” (PFAS), which was proposed by a German government agency and backed by other ministers from his party.

Back in January, the environment agencies of five countries – Germany, Sweden, the Netherlands, Denmark, and non-EU member Norway – proposed an EU-wide ban on over 10,000 hazardous per- and poly-fluoroalkyl substances (PFAS), nicknamed “forever chemicals” due to the long time they take to break down.

The proposal also came with the endorsement of German environment minister and Habeck’s Green party colleague, Steffi Lemke.

But despite the fact that Berlin was among those who first suggested the ban, the Green economy and climate minister voiced concerns on Thursday (3 August) and called for “a sense of proportion” when it comes to regulating PFAS.

Speaking to news agency dpa, Habeck called for “better regulation where needed for consumer protection, but no over-regulation for business where it inhibits growth and technology development”.

On one hand, this means that PFAS should be banned “wherever these chemicals are not used in a way that is safe for humans and the environment and where they can be well replaced by other substances” he explained, adding this is especially true where PFAS are used close to consumers.

“Key role” for digital, green transition

On the other hand, Habeck stressed that this group of chemicals plays a key role in “technologies of the future,” such as semiconductors, electrolysers, and electric engines, many of which are key for the green and digital transitions.

“Here, PFAS cannot simply be replaced, and here we must not prevent the development of technologies by over-regulating them,” he said, adding that a regulatory framework should be found which allows exemptions for “key technologies”.

Habeck’s concerns regarding a blanket ban were echoed by several industry associations.

In a statement issued on Thursday, representatives of the car, mechanical engineering, and electronics and digital industry warned that “without PFAS, the energy and mobility transition threatens to come to a full stop”.

The associations called on the EU to take a “differentiated” approach rather than implementing a general PFAS ban. “Disproportionate bans must not be imposed,” they said, while substances “for which there is currently no substitute and those that do not pose a risk to humans or the environment” should continue to be available.

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Green ministers split

Meanwhile, Habeck’s push means the Green minister is stepping out of line with other members of the government cabinet, including from his own party.

Environment Minister Steffi Lemke, also from the Greens, was the leading figure behind Germany’s push for a general PFAS ban.

“Due to their chemical composition, PFAS do not degrade in the environment over very long periods of time,”  Lemke stressed in January, when the five countries presented their proposal. This means that, in the long term, the chemicals can damage the environment as well as the human body, including by promoting cancer, she added.

PFASs are used in the automotive and aviation sectors but also can be found in food contact materials, textiles, or household products. They can be gases, liquids, or solid high-molecular-weight polymers. 

The EU’s chemicals agency ECHA is currently evaluating the five countries’ proposal for a broad PFAS ban, which would form part of the proposal for an overhaul of the bloc’s chemicals legislation (REACH) that the European Commission is set to table in autumn.

The Commission has also committed to phasing out the use of the chemicals in the EU in its chemicals strategy from October 2020.

[Edited by Nathalie Weatherald]

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