PAN Europe is calling out the European Commission for its inaction on PFAS pesticides. These substances break down into trifluoroacetic acid (TFA), a highly persistent, mobile and toxic degradation product. TFA has been detected above legal limits in groundwater across Europe. PAN Europe argues that the Commission is failing to meet its legal obligations under EU law to protect groundwater and public health.
TFA pollution could be Europe’s most extensive contamination problem. It is widespread, by far the most frequently detected PFAS in our environment, is contaminating drinking water, and concentrations are rising, with PFAS pesticides identified as the main source. [1] Scientists have warned that TFA is a threat to ‘planetary boundaries’. [2]
PAN Europe has repeatedly urged the Commission to ban all PFAS pesticides, yet no comprehensive action has been taken. In response, PAN Europe has now filed a formal request for internal review. This obliges the Commission to respond and enables PAN Europe to take the case to the EU Court if it fails to act. This step is unprecedented, as such reviews are usually used to challenge specific decisions. However, under the Aarhus Regulation they can also be used to contest a failure to take legally required action.
TFA has been shown to cause developmental toxicity in animal studies, including eye and skeletal malformations in rabbit offspring [3]. EU Pesticide Regulation prohibits approval of substances if they, or their toxic metabolites, lead to levels in groundwater exceeding the legal threshold of 0.1 µg/L. Yet, monitoring data show that TFA already exceeds this threshold in many regions. [4] Continuing to allow PFAS‑based pesticides will inevitably lead to further contamination beyond legal levels.
“We cannot sit still while our drinking water is slowly but surely being poisoned. There is clear evidence that PFAS pesticides degrade into persistent and toxic TFA, which is already exceeding legal limits in groundwater across Europe. The European Commission must show leadership and act now for the sake of our health and that of future generations,” said Salomé Roynel, Policy Officer at PAN Europe.
Under the EU law, when approval criteria are no longer met, as is the case for PFAS pesticides, the Commission is legally obliged to review these approvals and adopt appropriate measures (Articles 21 and 69 of regulation 1107/2009). This includes restrictions or bans, in line with the precautionary principle.
“The continued approval of PFAS pesticides represents a failure by the European Commission to prioritise the protection our water and public health. We formally request the Commission to act immediately and ban all PFAS pesticides without delay,” added Angeliki Lysimachou, Head of Policy and Science at PAN Europe.
The internal review request covers 28 PFAS active substances currently approved under EU pesticide law, each containing at least one –CF₃ group. This excludes flufenacet and flutolanil, for which the Commission has recently proposed non-renewal. [6]
Recently, Denmark decided to withdraw the market authorisation of 23 PFAS pesticide products [5], a move welcomed by PAN Europe and one that should be followed by the Commission and all EU Member States.
Background
Ban PFAS pesticides and TFA | PAN Europe
Contact
- Salomé Roynel, Policy Officer, +32 451 02 31 33, salome [at] pan-europe.info
- Angeliki Lysimachou, Head of Science and Policy, +32 496 39 29 30, angeliki [at] pan-europe.info
- PAN Europe Communication: Tjerk Dalhuisen, +31 6 14699126, tjerk [at] pan-europe.info
Notes
[1] UBA, Trifluoroacetate (TFA): Laying the foundations for effective mitigation. Spatial analysis of the input pathways into the water cycle. December 2023
Joerss H, et al. Pesticides can be a substantial source of trifluoroacetate (TFA) to water resources
FOEN, TFA in groundwater. November 2024
[2] Arp HPH, et al. The Global Threat from the Irreversible Accumulation of Trifluoroacetic Acid (TFA)
[3] Registration Dossier - ECHA
[4] Austria, Denmark, Germany, Sweden, Switzerland
[5] Denmark bans 23 PFAS pesticide products, containing 6 PFAS pesticide active substances
[6] Why do EU countries block a ban on PFAS and Endocrine Disrupting pesticides? | PAN Europe
