Movement on REACH and PFAS?

The future of European chemicals policy will be largely determined by the Chemicals Strategy for Sustainability, which was adopted in October 2020. The elimination of per- and polyfluoroalkyl substances (PFAS), the use of which is not essential, is one of the main objectives of this strategy. In addition, the REACH Regulation which deals with the registration, evaluation, authorisation and restriction of chemicals, is to be revised as one of the cornerstones of chemicals regulation. However, the two initiatives could not be launched as planned by the European Commission.

Permanent exemptions for essential uses of PFAS

In the case of PFAS, the European Commission was preceded by five countries (Denmark, Germany, the Netherlands, Sweden and Norway), which submitted their restriction proposal on PFAS to the European Chemicals Agency (ECHA) in January 2023. This stipulates that PFAS may only be used in areas where there are no suitable alternatives in the foreseeable future. ECHA's Committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC) are currently working on their assessments, these will be used for the European Commission's decision on the restriction of PFAS.

As more than 10,000 substances are covered by the restriction proposal, the review by RAC and SEAC is complex and lengthy. Members of the European Parliament have therefore repeatedly pointed out uncertainties for critical sectors that use PFAS in medical devices, pharmaceuticals, renewable energies, batteries and semiconductors. The industry has also been raising awareness for some time, as PFAS cannot be easily replaced in some areas.

The issue was raised again this spring by MEP Peter Liese (EPP, DE) and brought to the attention of Commission President Ursula von der Leyen. In her reply, she addressed the demand for permanent exemptions for essential uses and emphasised that the European Commission is currently unable to provide legal certainty as to which uses can be exempted from the restriction.

Hopes for the revision of the REACH Regulation

The revision of the REACH Regulation was originally scheduled to be completed by the end of 2022, but this was then postponed and finally removed from the European Commission's schedule. The environment ministers for Denmark, Finland, Luxembourg and Norway have now taken the initiative to push ahead with the revision. At the end of May, they approached the parliamentary committees on the environment and the internal market. In their letter, they asked MEPs for their support to ensure that the European Commission presents a green and ambitious proposal to revise the REACH Regulation as soon as possible after the elections. It remains to be seen if and when the European Commission will honour their request and whether it will be as ambitious as Denmark, Finland, Luxembourg and Norway are demanding.