What does the proposed law banning PFAS, passed in the Assembly, contain?

MEPs approved on Thursday at first reading a text from environmentalists aimed at restricting the manufacture and sale of products containing these pollutants. However, they excluded kitchen utensils.

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Green deputy Nicolas Thierry during the examination of the proposed law on the ban on PFAS, at the National Assembly, in Paris, April 4, 2024. (XOSE BOUZAS / HANS LUCAS / AFP)

The text was approved unanimously, with 186 votes in favor and zero against. The National Assembly voted at first reading, Thursday April 4, an environmentalist bill (in PDF) aimed at restricting the manufacture and sale of products containing per- and polyfluoroalkyl substances (PFAS), also known as “perennial pollutants.” However, MPs excluded kitchen utensils from the list of these products, after strong mobilization this week from manufacturers.

Franceinfo explains to you what the adopted articles contain, while the text, on which the RN and LR deputies present at the time of the vote abstained, could now be taken up by the environmentalist senators as part of the day reserved for them, next May 30.

Cosmetics and clothing containing PFAS banned from January 1, 2026

The main article of the text presented by the environmentalist deputy Nicolas Thierry plans to prohibit from January 1, 2026 the manufacture, import, export and sale of any cosmetic product, wax product (pproduct which is coated on the sole of the skis to improve gliding) or textile clothing product containing PFAS.

These substances per- and polyfluoroalkylated are synthetic chemical compounds incorporating fluorine. There are between 10,000 and 14,000 according to estimates, two of which, PFOA and PFOS, are particularly widespread. Massively present in everyday life (Teflon pans, food packaging, textiles, automobiles, etc.), these PFAS give the products concerned characteristics sought by manufacturers but they are very poorly biodegradable, hence their nickname of “eternal pollutants”.

Their health consequences are increasingly documented. By accumulating over the long term and in high doses, PFAS can cause cancer (testicle, prostate, kidney), cause growth disorders or even failures of the immune system, with a marked risk for pregnant women and fetuses. However, the uses in the cosmetics, skiing and textiles are identified by the European Chemicals Agency (Echa) as having known and available alternatives.

An exemption for protective clothing for safety professionals and kitchen utensils

The adopted version of article 1 provides for exceptions to this ban: protective clothing for security and civil security professionals, the list of which will be specified by decree, benefit in particular from an exemption.

The application of the ban to kitchen utensils, initially provided for in the text, was also deleted by the deputies in session. Several elected officials from RN, LR and the majority have shown themselves to be sensitive to the manufacturers’ arguments concerning the risks to employment. The SEB group sounded the alarm this week to point out the threat that such a law would pose to some 3,000 employees of its factories in Rumilly (Haute-Savoie) and Tournus (Saône-et-Loire), which notably manufacture Tefal stoves.

The majority proposed to postpone the ban on these products from 2026 to 2030. A postponement considered too important by environmentalists, who did not want to go beyond 2027. The majority responded by purely and simply deleting the paragraph of discord, causing a strong reaction on the left. “Once again”the majority, allied with LR and the RN, will have “given in to lobbying [du fabricant] Seb, to the detriment of the health of the French. It’s a shame”, reacted the environmentalist deputies, while the Générations futures association deplored a “frying pan lobby victory”.

All textiles containing “eternal pollutants” banned from January 1, 2030

As of January 1, 2030, the manufacturing, import, export and sale of all textiles containing PFAS (and no longer just clothing) will be prohibited if the bill is definitively adopted. These include, for example, certain rugs or carpets, treated to resist stains and water, sofa or armchair coverings, or even outdoor textiles, such as tents and tarpaulins which may contain PFAS for their waterproofing properties.

This adoption at first reading in the Assembly “is a first great victory on the path to the inevitable exit from PFAS”, “citizen mobilization has borne fruit”welcomed François Veillerette, spokesperson for Générations futures.

Monitoring the presence of PFAS in drinking water made compulsory

In the version of the text adopted, still in the first article, there is the obligation to include monitoring of the presence of PFAS in the analyzes of water intended for human consumption. A decree must determine the list of perfluoroalkyl and polyfluoroalkyl substances to be controlled in drinking water. In view of the public health issue, this control is essential”we can read in the explanatory statement of the proposed law.

More and more organizations, municipalities and associations are already tracking the levels of these pollutants in tap water. This is particularly the case in Montpellier and Nîmes or in Haut-Rhin. In the Gard,he Future Generations association is concerned about the levels of PFAS in the water near a Solvay group chemical plant. In January, Agregional health authority (ARS) has published the results of more than a year of analyzes on PFAS in drinking water in Auvergne-Rhône-Alpes. Result: eight water resources have thresholds that do not comply with European regulations. According to the ARS, more than 166,000 inhabitants of the “chemistry valley” are supplied with water contaminated with “eternal pollutants”.

Application of the polluter pays principle for manufacturers releasing PFAS

Among the other measures adopted in the hemicycle, article 2 provides for the application of the polluter pays principle, with a tax targeting industrialists, despite opposition from the government. Clearly, the text proposes to add PFAS to the list of substances subject to the water pollution fee. “This money would go to the water agencies which would manage a fund to support communities in decontamination”explained MP Nicolas Thierry. “The threshold for collecting the fee is set at 100 grams. The rate of the fee is set at 100 euros per 100 grams”, specifies the article of the proposed law.


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