The authorities in Denmark, Germany, the Netherlands, Norway and Sweden - the five countries behind the proposal for a universal restriction on PFASs, the so-called ‘eternal pollutants’ - have updated their proposal, which the European Chemicals Agency (ECHA) published on 20 August.
This update is based on “more than 5,600 scientific and technical comments received” during the consultation phase in 2023. Eight new sectors have been included in the proposal: - printing applications; - sealing applications; - machinery applications; - other medical applications (immediate packaging and excipients for pharmaceutical products); - military applications; - explosives; - technical textiles; - broader industrial uses (solvents and catalysts).
The new report also introduces alternative restriction options, including bans with temporary derogations for certain uses. ECHA explained that these options allow “the continued manufacture, placing on the market or use of PFAS where the risks can be controlled”. Options are being considered in the fields of PFAS manufacturing, transport, electronics and semiconductors, and energy.
“The revision reflects industrial lobbying rather than scientific balance”, lamented Hélène Duguy, ClientEarth’s lawyer. The NGO regretted the lengthening of the list of derogations, the “broad exemptions” for invasive medical devices and sealing applications, which do not take account of existing alternatives, and the fact that the five countries’ proposal repeated, unchanged, the industry’s statements on the impact on trade and competitiveness, including “supposed risks of collapse of production processes or curbing innovation”.
The opinion of the ECHA, via its scientific (RAC) and socio-economic (SEAC) committees, is expected in 2026. (Original version in French by Florent Servia)