On Tuesday 14 January, Greens/EFA MEPs reiterated their call for a ban on forever chemicals, following the publication on the same day of a report by the NGO Corporate Europe Observatory (CEO) and a collaborative investigation by the Forever Lobbying Project, denouncing a disinformation campaign led by lobbies regarding PFAS (per- and polyfluoroalkyl substances) also known as ‘forever chemicals’.
Through the funding of science, biased studies, scare tactics and unsubstantiated claims, European industry lobbying could, according to the two publications, have disastrous consequences in the fight against 'PFAS' pollution under the Chemicals Strategy for a more sustainable and toxic-free EU launched in 2020.
The report and investigation, which are “based on over 14,000 previously unpublished documents on ‘forever chemicals’ PFAS”, criticise the European Commission for granting lobbyists too much access, and describe the extensive means used by industry to avoid banning PFAS chemicals or at least benefiting from exemptions.
“The revelations in this investigation [by the Forever Lobbying Project] about the chemical industry’s withholding of information and influence in the legislative process are as shocking as they are unacceptable”, said Majdouline Sbai (Greens/EFA, French), a member of the European Parliament’s Committee on the Environment, Public Health and Food Safety.
“The cost of depollution is 100 billion per year, not to mention the impact on our health”, said Christophe Clergeau (S&D, French), responding to Agence Europe’s question. It will also be necessary, in his view, to “apply the polluter pays principle enshrined in European law”.
The industry is asking for exemptions. The Corporate Europe Observatory revealed in its report that lobbying expenditure declared to the EU increased by an average of 34% “last year alone” regarding forever chemicals. Presented as the most prolific lobby in Brussels on the subject, Chemours alone is said to have spent more than two million euros on lobbying in 2023, four times more than in 2017. The chemical company used the services of three intermediary lobbying firms (Rud Pedersen Public Affairs, EU Focus Group and FTI Consulting).
Bayer, BASF, Honeywell and AGC Chemicals also increased their lobbying expenditure tenfold, according to the report, while new players declared lobbying expenditure to the EU for the first time (Archroma and Gujarat Fluorochemicals). The most represented sector is the chemical industry. The battery industry is following suit, while the automotive, healthcare and textile industries are not lagging behind either.
The battery industry has asked to be exempted from the PFAS ban. The machinery industry, for its part, wanted to extend the consultation with the European Chemicals Agency (ECHA) by 12 months. Chemours, for its part, defended the exclusion of the industry as a whole.
Is the decision-making process under threat? The Corporate Europe Observatory found that the Commission has “no special measures to protect the decision-making process”. Chemours, for example, is said to have contacted “at least seven Directorates-General of the European Commission”.
The report states that out of “17 high-level meetings (with Commissioners, their cabinets and Directors-General) since January 2023”, 12 have been held with the corporate sector and two with NGOs.
The report pointed out that at this stage of the process, the European Commission is still an observer, as “the analytical and scientific work (...) is still in progress at ECHA”.
To make its voice heard, or to slow down the process, Chemours encouraged its commercial partners to respond to ECHA’s public consultation on the restriction of PFAS, according to the report. As a result, the latter “was inundated with requests from companies”.
Lobbying techniques criticised. The law firm Fieldfisher had in fact sent “a legal briefing” to ECHA, pointing out the “legal loopholes” in the proposal to restrict PFAS, according to the Corporate Europe Observatory. The legal threat is part of a string of arguments deployed by the lobbies. The Forever Lobbying Project listed them.
For example, the European Green Deal could no longer be successfully implemented if the use of PFAS were banned, according to the battery industry. There would be no alternative to PFAS; they are not toxic, and the waste and emissions they generate could be better managed; the economic consequences would be too great, with job losses in particular on the horizon.
These arguments are scientifically “false” or “dishonest” or “misleading”, according to the Forever Lobbying Project.
The demands. The Commission should stop all private lobbying meetings on the restriction of PFAS with industry players who are asking for exemptions and derogations and who are pursuing private and commercial interests, according to CEO. The observatory is also encouraging further research into safer alternatives to PFAS. (Original version in French by Florent Servia)