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79.Undecafluorohexanoic acid (PFHxA), its salts and PFHxA-related
substances:
(a) having a linear or branched perfluoropentyl group with the formula C5F11-
directly attached to another carbon atom as one of the structural elements;
or
(b) having a linear or branched perfluorohexyl group with the formula C6F13-.
The following substances are excluded from this designation:
(a) C6F14;
(b) C6F13-C(=O)OH, C6F13-C(=O)O-X′ or C6F13-CF2-X′ (where X′ = any group, including
salts);
(c) any substance having a perfluoroalkyl group C6F13-
directly attached to an oxygen atom at one of the non-terminal carbon atoms.
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1.
Shall not, from 10 October 2026 be placed on the market, or
used, in a concentration equal to or greater than 25 ppb for the sum of PFHxA
and its salts, or 1 000 ppb for the sum of PFHxA- related substances,
measured in homogeneous material, in the following:
(a)
textiles, leather, furs and hides in clothing and related accessories for the
general public;
(b)
footwear for the general public;
(c)
paper and cardboard used as food contact materials within the scope of
Regulation (EC) No 1935/2004;
(d)
mixtures for the general public;
(e)
cosmetic products as defined in Article 2(1), point (a), of Regulation (EC)
No 1223/2009.
2.
Shall not, from 10 October 2027 be placed on the market, or
used, in a concentration equal to or greater than 25 ppb for the sum of PFHxA
and its salts, or 1 000 ppb for the sum of PFHxA- related substances,
measured in homogeneous material, in textiles, leather, furs and hides, other
than in clothing and related accessories referred to in paragraph 1, for the
general public.
3.
Paragraphs 1 and 2 shall not apply to the following:
(a)
personal protective equipment intended to protect users against risks within
the scope of risk category III, points (a), (c) to (f), (h), and (l) of Annex
I to Regulation (EU) 2016/425;
(b)
devices within the scope of Regulation (EU) 2017/745;
(c)
devices within the scope of Regulation (EU) 2017/746;
(d)
textiles used as construction textiles.
4.
Shall not, from 10 April 2026 be placed on the market, or
used, in a concentration equal to or greater than 25 ppb for the sum of PFHxA
and its salts, or 1 000 ppb for the sum of PFHxA-related substances, in:
(a)
firefighting foams and firefighting foam concentrates for training and for
testing, except functional testing of the firefighting systems provided that
all releases are contained;
(b)
firefighting foams and firefighting foam concentrates for public fire
services, except where those services intervene at industrial fires at
establishments covered by Directive 2012/18/EU of the European Parliament and
of the Council(*)and they use the foams and the equipment for that purpose
only.
5.
Shall not, from 10 October 2029 be placed on the market, or
used, in firefighting foams and firefighting foam concentrates for civil
aviation (including in civilian airports) in a concentration equal to or
greater than 25 ppb for the sum of PFHxA and its salts, or 1 000ppb for the
sum of PFHxA-related substances.
6.
Paragraphs 1, 2, 4 and 5 shall not apply to substances having a
perfluoroalkyl group C6F13- directly attached to a sulphur atom that are
prohibited in Annex I to Regulation (EU) 2019/1021 of the European Parliament
and of the Council(**).
7.
By way of derogation from paragraph 1, that paragraph shall not apply to
articles and mixtures which were placed on the market before 10 October 2026.
8.
By way of derogation from paragraph 2, that paragraph shall not apply to
articles which were placed on the market before 10 October 2027.
9.
For the purposes of this entry, PFHxA-related substances are substances that,
based on their molecular structure, are considered to have the potential to
degrade or be transformed to PFHxA.
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