ASD-Eurospace calls for substantial revision of the intended EU REACH “universal PFAS” restriction to ensure uninterrupted space activities in Europe – Myriad of space applications impacted by proposed ban

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On 22 September 2023, Eurospace has sent to the European Chemicals Agency (ECHA) for its public consultation the sector’s detailed comments on the wide-scope restriction proposal for per- and polyfluoroalkyl substances (PFAS). The proposal was prepared by authorities in Denmark, Germany, the Netherlands, Norway and Sweden. It could be adopted as early as 2025.

The detailed investigations launched in response to the PFAS restriction proposal have clearly shown that the proposal as it stands would be disproportionate and not manageable for our high-end niche sector, threaten its competitiveness and strategic programmes benefitting EU citizens, as well as the on-going and future collaboration with our non-EU partners (such as NASA, JAXA).

We have identified several tens of space applications of common interest reliant on PFAS, many of which concern fluoropolymers. The large majority of these applications could be banned in the near future, if the present restriction proposal was adopted.

Research on alternatives has already shown in some important cases that PFAS chemistry is the only viable solution for space applications. Besides, our space industry depends completely on our suppliers for the manufacturing of PFAS substances and mixtures and the design of many PFAS-containing components.

Eight case studies prepared for the ECHA public consultation illustrate the criticality of PFAS use for different applications in satellite and launcher programmes. Three brief examples are given hereafter.

Ariane 6 launcher

 

Ariane 6 is currently being developed in Europe on behalf of ESA. The final qualifications are now taking place, and its maiden flight is planned for early 2024. It will replace Ariane 5 as part of the Ariane launch vehicle family, making an important contribution to Europe’s independent access to space. The use of PFAS materials (mainly fluoropolymers) plays an essential role in the context of the European Ariane launchers. A restriction on PTFE would result in the grounding of the Ariane 6 launcher, resulting in an inherent incapability of the European Space Sector to launch scientific, national, international or commercial satellites for the next 30 years.

 

Scientific mission for ESA: The ATHENA Wide Field Imager

 

The Wide Field Imager (WFI) constitutes one of the two focal plane scientific instruments situated on the ATHENA (Advanced Telescope for High ENergy Astrophysics) X-ray Observatory, the second major mission within the ESA Cosmic Vision programme. The expected launch date is in the second half of the 2030s. Development work for the WFI is being led by an international consortium, with the Max Planck Institute for Extraterrestrial Physics in Garching, Germany, spearheading the joint efforts of this consortium. Several key project components have been found to contain PFAS, and there are no alternatives.

 

Next Generation Satellite and Launch Vehicle Signal and Power Wire and Cables

 

Fluoropolymers like PTFE have been found to provide the highest dielectric strength and are the lowest outgassing insulating materials as compared to Polyethylene and silicon rubber-based materials. Without the capabilities of fluoropolymers such as PTFE, all European satellites, including Galileo 2nd Generation, Copernicus or the future IRIS² telecommunication satellite programme, cannot be realised, as there is no known substitute material today that offers the cable insulation properties to withstand the harsh space environment.

The full case studies are available in Appendix 2 to our detailed contribution paper.

Consequently, ASD-Eurospace strongly requests:

  • Fluoropolymers, including fluoroelastomers, should be entirely excluded from the scope of the universal PFAS restriction, at least for industrial applications;
  • A derogation for all remaining PFAS uses in equipment designed to be sent into space, as long as no successful transition to space qualified alternatives can be achieved;
  • Further derogations to enable our chemicals and component suppliers to maintain a business viable market in the EU for aerospace and defence, electronics and related sectors.

To this end, we also support contributions from other related industries to this consultation, including in particular from the Aerospace, Security and Defence Industries Association of Europe (ASD) and further organisations listed in our detailed comments.

We urge the proposing authorities to implement the needed changes and create a proportionate and fit-for-purpose restriction proposal, which targets emission hotspots and consumer protection following the risk-based approach according to REACH Article 68(1).

The Eurospace contribution on PFAS of 22 September 2023 is the second public deliverable prepared by the Space Restrictions Task Force (RTF), following the contribution on the bisphenols restriction proposal in May 2023 (available here). It was elaborated over the last six months. The RTF is an initiative of the Materials and Processes Technology Board of the European Space Components Coordination (ESCC MPTB), presently chaired by ESA; it was kicked off on 10 February 2023.

Clarification on next steps:

The ECHA public consultation on the restriction proposal closing on 25 September 2023 marks only the beginning of the formal EU REACH Restriction process. Comments submitted such as the Eurospace contribution will now be scrutinized by the proposing authorities and ECHA’s scientific committees. Changes to the proposal are made based on the information submitted to the public consultation. The final decision on a restriction will be made by the European Commission, acting with the support of the EU Member States. Only after the full process is completed, compliance with the final restriction will be required.

Further information:

  • European Space Sector comments on the Annex XV restriction report for per- and polyfluoroalkyl substances (PFAS) of 22 September 2023 (HERE)
  • Eurospace News Alert on the Space Restriction Task Force kick-off (link)
  • Secretariat: Pierre Lionnet, Research and Managing Director, ASD-EUROSPACE, pierre.lionnet@eurospace.org, +33-(0)1 44 42 00 70
  • Task Force Coordinator: Tim Becker, Senior Legal Advisor, REACHLaw Ltd., tim.becker@reachlaw.fi; +358 (0)40 773 8143