The autumn of decisions.

Since the presentation of the Action Plan for the Chemical Industry and the Chemicals Omnibus Act in July, the reform debate in Brussels has gained significant momentum. While negotiations on the Commission’s proposals are already underway in the Council, the rapporteurs in the European Parliament were only appointed this month. In parallel with the work on the Omnibus proposal and the new ECHA Basic Regulation, the European Commission is preparing the revision of the REACH Regulation – an undertaking that seems to have stalled again on this second attempt.

REACH Revision: delays emerging

EU Environment Commissioner Jessika Roswall recently reaffirmed that the European Commission intends to present the REACH reform during this legislative period. The proposal had been announced for the end of the year. However, the project is under pressure, as the Regulatory Scrutiny Board has issued a negative opinion on the impact assessment report.

As a result, the lead Directorates-General for Environment (DG ENV) and Internal Market (DG GROW) must revise and resubmit the assessment before the European Commission can officially present the proposal. How much additional time this extra step will take remains uncertain. What is clear, however, is that presenting the REACH reform by the end of the year is seriously at risk.

PFAS restrictions: political tension and technical effort

The planned universal restriction of per- and polyfluoroalkyl substances (PFAS) is proving to be just as lengthy as the REACH reform. Since March 2023, the relevant ECHA committees have been reviewing the proposal. Final opinions from these committees are expected by 2026. The European Commission plans to present a legislative proposal immediately thereafter to swiftly minimise PFAS emissions.

There have been small successes, as PFAS regulation is progressing in specific areas. An EU-wide restriction on PFAS in firefighting foams has already been adopted and will take effect on 23 October 2030. Depending on the application, transition periods ranging from 12 months to 10 years are in place to ensure a smooth transition to PFAS-free alternatives.

ECHA Basic Regulation: more independence and new responsibilities

Regardless of the delays in revising REACH, the European Commission has already initiated a key reform step. In early September, the Council began discussions on the proposal for an independent ECHA Basic Regulation.

The new regulation aims to consolidate existing provisions on ECHA, which have so far been primarily embedded in the REACH Regulation, into an independent legal framework. The goal is to strengthen the agency both in terms of staffing and organisation, enabling it to handle its expanding responsibilities more efficiently. At the same time, the proposal includes amendments not only to the REACH Regulation but also to other legal acts – such as the Biocidal Products Regulation, the Regulation on the Export of Certain Hazardous Chemicals, and the Regulation on Persistent Organic Pollutants – in which ECHA’s responsibilities are established.

A key change relevant to the statutory accident insurance concerns the expanded role of the Risk Assessment Committee (RAC). In the future, RAC will also assess occupational exposure limits and other health-based threshold values in accordance with existing occupational safety directives. This task had previously only been informally regulated.

Outlook: reforms with signal effect

The coming months will be decisive for the future of European chemicals policy. With the Omnibus Act, the new ECHA Regulation, and the revised REACH structure, a profound reorganisation is taking shape that extends far beyond the chemical industry. Whether the European Commission can maintain its ambitious reform pace will largely determine whether the EU can achieve its 2020 goal of making the management of chemicals safer, more sustainable, and more innovation-friendly.