European Union

Revision of the EU REACH restriction proposal – The five EU member states (the Netherlands, Germany, Denmark, Sweden, and Norway) that submitted the generic PFAS restriction proposal are now working on a revised version of proposal that takes into account the numerous comments received during the public consultation. The German Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) has stated that for each sector addressed in the restriction proposal, national authorities, inter alia, will:

  • Identify uses that were not evaluated in the original restriction dossier.
  • Assess the information submitted on PFAS alternatives and use it to verify the adequacy of the proposed exemptions and transition periods.
  • Consider whether restriction options other than a ban are appropriate to address the risks identified in the context of PFAS.
  • Revise the assessment of the socio-economic impact.

There is no clarity on the timeline within which the five states will operate; however, they have communicated their intention to proceed with these modifications as soon as possible.

Revision of the Urban Wastewater Treatment Directive (UWWTD) – The European Parliament has approved the provisional agreement reached with the Council of the EU on the revision of the UWWTD. The adopted text now awaits approval by the Council before final publication in the Official Journal of the EU, expected in autumn.

The text includes restrictions on PFAS and microplastics. Specifically, the revision will introduce an additional water treatment stage aimed at removing a broad spectrum of micropollutants, including PFAS and microplastics.

An extended producer responsibility (EPR) scheme will hold the cosmetics and pharmaceutical industries accountable for 80% of the cost of quaternary treatment, as mandated by the law.

Essential use of harmful chemicals – The EU Commission has adopted a communication (non-legally binding) that outlines guiding criteria and principles for defining ‘essential uses’ of the most harmful chemicals. This concept will be used to assess when it is justified, from a societal standpoint, to employ these substances.

According to the EU Commission, a use of a highly harmful substance is essential only if the following cumulative criteria are met:

  • It is necessary for health or safety or is critical for the functioning of society; and
  • There are no acceptable alternatives.

Not currently embedded in the REACH Regulation, the concept will only hold legal weight if and once incorporated into legislation. Still, it may influence current initiatives such as the PFAS restriction proposal.

Packaging and Packaging Waste – The provisional agreement on the Packaging and Packaging Waste Regulation (PPWR) was approved by the European Parliament. It should now be formally approved by the Council of the EU, expected in the fall. It will introduce restrictions on the placement of food contact packaging containing PFASs above specific thresholds.

EU Member States

France – On April 4, the French Parliament unanimously approved a bill, the first step in the legislative process, calling for the ban on the manufacture, import, and sale of certain products containing PFAS, effective January 1, 2026.

The ban applies to cosmetic products, wax products (for skis), or clothing textile products, except for protective clothing for security professionals. From January 1, 2030, the ban will extend to all textiles. Kitchen utensils, originally included in the ban, were removed from the bill following pushback from the cookware industry. Other controversial issues, such as the restriction of certain uses at the national level, a “polluter-pays” type of financing, or the prohibition of industrial discharges, did not make it into the final version of the text.

The French government, in an action plan released after the bill’s vote, has requested the European Commission to urge the European Chemicals Agency (ECHA) to accelerate its evaluation of PFAS used in “strategic sectors,” such as decarbonisation of the economy and defence. Although the action plan does not specify why France made this request, the text implies that the country wants to ensure these sectors are exempt from the upcoming ban.

Denmark – The Danish environment ministry announced a national ban, an “executive order,” on the sale and import of clothing, shoes, and waterproofing agents containing PFAS. The ministry stated that Denmark’s national ban on PFAS would remain in effect until the expected EU ban takes effect. The proposal excludes reused and recycled products or professional and safety clothing. There will be a consultation period where companies can raise any “special challenges that must be taken into account.” The executive order is expected to be finalized on July 1, 2025, with a year-long transition period.

Other Developments

UK potential ban on the use of PFAS in firefighting foam (FFF) – The UK HSE is currently preparing a restriction dossier to assess the risks associated with PFAS-containing firefighting foams (FFFs) to the environment and human health. HSE has initiated a public consultation on the matter, scheduled to conclude on June 3, 2024.