European Union

PFAS REACH Restriction – The European Chemicals Agency (ECHA) issued an update stating that the countries which proposed the restriction on PFAS last year (including Germany, Denmark, the Netherlands, Sweden, and Norway), will collaborate on revising the proposal. This revision will be based on the numerous comments received from stakeholders through the public consultation launched by ECHA on the proposal. Meanwhile, ECHA outlined the progress of its two scientific committees in evaluating the general proposal to restrict PFAS in Europe. In March, the committees planned to discuss the use of PFAS in consumer mixtures, cosmetics, and ski wax. In June, they will address PFAS in metal plating and the manufacture of metal products, followed by discussions on textiles, upholstery, leather, apparel, carpets, food contact materials, packaging, petroleum, and mining in September.

Packaging and Packaging Waste – In a provisional agreement reached on the proposed Regulation on packaging and packaging waste (PPWR), the co-legislators of the EU have agreed to implement restrictions on the placing on the market of food contact packaging containing PFASs above specific thresholds, i.e.:

  • 25ppb for a single PFAS (excluding polymeric PFASs from quantification)
  • 250ppb for a group of PFAS measured as a targeted sum (excluding polymeric PFASs from quantification)
  • 350ppm for all PFAS, including polymeric PFASs

These limits will become effective 18 months after the PPWR enters into force.

Toys – In the process of approving the Toy Safety Directive, the European Parliament endorsed a ban on PFAS (and bisphenols). These rules would broaden the current ban on substances of concern in toys known (CMRs and Endocrine Disruptors). However, as the Council of the EU has not yet finalized its position on the Commission’s proposal, it is premature at this stage to confirm whether such a ban will be included in the final version of the law.

EU Member States’

France – The legislative proposal advocating for restrictions on PFAS has cleared the preliminary stage (committee stage) of the legislative process. The text proposes a ban on kitchen utensils, ski wax, cosmetics, and clothing containing PFAS starting in 2026, with a broader prohibition on all other textiles by 2030. Additionally, it incorporates PFAS into the parameters for monitoring drinking water and introduces a tax on manufacturers emitting 100 grams or more of PFAS into the environment. The text is now scheduled for a vote at the plenary session on April 4th. If approved, it will subsequently be subject to legislative scrutiny by the Senate. This legislative proposal may raise concerns about its compatibility with European law. Indeed, despite an ongoing proposal for restrictions at the EU level, France is proceeding with its own rules regarding PFAS.

The Lyon metropolitan area in France has initiated civil court proceedings to determine whether some chemical manufacturers could be held legally accountable for pollution caused by PFAS. If the companies’ involvement in the pollution is substantiated, Lyon may seek compensation for the damages incurred. Previous efforts to hold the companies criminally liable for the pollution have proven unsuccessful. In the Rhône department, where Lyon is situated, the prefecture “advised” the general public against consuming “fruits and vegetables grown in vegetable gardens” or using “water from private wells [or] rainwater” within a 500-meter radius around the PFAS manufacturer factory. This recommendation was issued despite “daily monitoring” by the State of water discharges showing that the Manufacturer was already in compliance with the applicable limit.

Belgium – The Belgian federal government is preparing to implement stricter rules for PFAS and perchlorate chemicals in water, prompted by several PFAS pollution incidents in the country. Belgian Agriculture Minister David Clarinval has put forward proposals for enhanced measures targeting the four most common PFAS and perchlorate substances, aimed at reinforcing the safety standards within Belgium’s food chain. This initiative follows the enforcement of Regulation (EU) 2023/915, which sets maximum levels for certain contaminants in food products, and the transposition of the revised Drinking Water Directive (Directive – 2020/2184).

Research

France – The Agency for Food, Environmental and Occupational Health & Safety (ANSES) has published a comparative analysis of reference values utilized for PFAS in drinking water. This study is part of the obligation arising from Directive (EU) 2020/2184, which mandates regional health agencies to monitor the combined concentrations of 20 PFAS in drinking water beginning January 2026.