Latest Updates on Per- and Polyfluorinated Substances (PFAS)

Posted in Chemicals

European Union

PFAS generic restriction (REACH): sector-specific provisional conclusions – During its plenary session from 8–12 September, ECHA’s Risk Assessment Committee (RAC) reached provisional conclusions regarding the adequacy of restricting PFAS presence and use in electronics and semiconductors. Meanwhile, the Committee for Socio-Economic Analysis (SEAC) arrived at provisional conclusions on the potential impact of the proposed restriction on the energy and lubricants sectors. This sector-by-sector approach represents a departure from the typical functioning of the two committees, meaning the dates for issuing their final opinions remain uncertain.

ECHA to open public consultation on PFAS restriction proposal in spring 2026 – The European Chemicals Agency (ECHA) announced that a structured public consultation will be held in spring 2026 on the socio-economic opinion produced by the SEAC committee for the generic PFAS restriction under REACH. SEAC’s provisional opinion is due in March and will examine the socio-economic impacts of restricting PFAS across manufacturing, placing on the market and use, including the availability and feasibility of alternatives. To prepare stakeholders, ECHA will host an exchange workshop on 30 October. SEAC aims to adopt its final opinion by the end of 2026, closing an assessment that began in February 2023; the initial consultation phase previously drew more than 5,000 contributions.

PFAS ban in firefighting foams published in the Official Journal of the EU – The regulation prohibiting the placing on the market of firefighting foams containing PFAS was published on 3 October, marking the conclusion of several years of negotiations. The initial proposal by the ECHA dates back to 2022, with final approval by member state experts in the REACH committee achieved at the end of April. The regulation bans foams with PFAS concentrations equal to or above 1 mg/L, with a general transition period of five years. Certain sectors, such as offshore energy installations, military vessels, and the space industry, will benefit from an extended ten-year transition period.

Agreement reached on priority substances in water – The EU Parliament and the Council of the EU reached a trilogue agreement revising three directives: the Water Framework Directive, the Groundwater Directive, and the directive setting environmental quality standards for surface waters. The final agreement, in line with the Commission’s 2022 proposal, adds new pollutants to the list of priority substances, including certain PFAS.

Trifluoroacetic acid (TFA), a degradation product of some PFAS, was specifically added to the list of surface water pollutants to monitor. Member States secured two exemptions to the “no deterioration” principle: for temporary, short-term water quality declines and for controlled relocation of contaminated water, provided overall pollutant concentrations do not increase.

Compliance with the new standards is set for 2039, with a possible extension to 2045 under certain conditions. The agreement still requires formal approval by the European Parliament and the Council, after which Member States must transpose it into national law by 21 December 2027.

Implementation of PFAS law progresses amid concerns over clarity and scope – A series of decrees published in September 2025 mark key steps in applying the law passed in February 2025. One decree, published on 9 September, establishes a national trajectory for reducing industrial PFAS discharges into water, aiming for a 70% reduction by 27 February 2028 and total elimination by 27 February 2030. Complementing this, the interministerial plan for monitoring “forever” pollutants sets controls on treated wastewater entering and leaving facilities serving more than 10,000 population equivalents, covering roughly 1,300 installations, with analytical rules detailed in the decree of 3 September.

National PFAS prevention plan underway – According to Minister for Climate and Environment Romina Pourmokhtari, Sweden is preparing a national plan to prevent PFAS contamination in waters and natural areas, building on earlier commitments. The Swedish government plans to allocate around €7 million next year to prevent the spread of PFAS in the environment, as part of a broader €50 million investment in cleaner nature and a toxic-free everyday life. Additional funding includes over €22 million for water conservation, nearly €2 million to enhance environmental monitoring, and €9 million for management of national parks and nature reserves.

Federal government moves toward PFAS restrictions – Belgian Minister for Mobility, Climate, and Environmental Transition Jean-Luc Crucke announced his intention to submit a proposal to ban PFAS in certain product categories on the Belgian market. The initiative follows a petition signed by over 27,000 people advocating for a total PFAS ban. The minister emphasized that these “short-term federal measures” aim to act without waiting for an EU-wide decision, as the European Chemicals Agency (ECHA) is expected to issue its opinion on the universal PFAS restriction in 2026, with EU legislation unlikely before late 2026 or 2027. This move aligns with similar actions taken by other European countries, such as France and Denmark, to regulate PFAS at the national level.

National PFAS plans remain fragmented, report finds – A new report from the Health and Environment Alliance (HEAL) highlights the uneven approach across Europe in addressing PFAS contamination. Countries such as Denmark, France, Austria, and the Netherlands, along with Belgium’s regions of Flanders and Wallonia, have implemented bans or national action plans, while Sweden and Norway pursue broader chemical strategies that include PFAS phase-outs. Over 20 member states currently lack any PFAS-specific strategy, leaving a patchwork of protections across the EU.

Also, the report highlights that some member states have been slow to transpose new PFAS limits under the Drinking Water Directive (DWD), with ten countries partially implementing provisions and Poland yet to enact them at all. Only Denmark and Italy have set binding limits for trifluoroacetic acid (TFA), a major PFAS pollutant, while Belgium, Germany, France, Luxembourg, and the Netherlands have issued non-binding guideline values. HEAL warns that unchecked TFA contamination could lead to cleanup costs of up to €2 trillion over the next 20 years, currently borne by communities and taxpayers rather than polluters.