PFAS Restriction: ECHA Publishes Updated REACH Dossier

The REACH restriction dossier submitted to ECHA by Denmark, Germany, the Netherlands, Norway, and Sweden in January 2023 triggered around 5,600 comments. Following an evaluation by the ECHA's Committee for Risk Assessment (RAC) and Committee for Socio-economic Analysis (SEAC), the authorities of those countries submitted an updated dossier.

More uses than expected

Analysis of the comments revealed that PFAS are used more widely than expected. Therefore, the authors of the dossier have defined eight additional sectors for applications:

Printing
Sealing
Machinery
Medicine (for primary packaging, excipients for medicinal products, and so on)
Military
Explosives
Technical textiles
Industry (as components in solvents and catalysts)

Greater flexibility for assessments

After reviewing the additional information, the authors also argued for a more targeted assessment. They proposed a third option in addition to a blanket ban and temporary use. Depending on the application, substances should be allowed to enjoy continued use if the appropriate precautions can control the risks of handling them and they are not subsequently emitted into the environment.

More exemptions

The original document defined only three exemptions – the updated dossier provides for 13. One of the exemptions concerns PFAS-containing products intended for sale in non-EEA countries. Other exemptions include uses in spare parts, intermediate products, and product- and process-oriented research and development.

Fluoropolymers dispute

The use of fluoropolymers remains restricted. However, compared to the previous version, exemptions have been expanded. They include special additives for polymer processing, non-stick coatings for industrial baking tins, medical devices, wires and cables, fuel cells, coatings for batteries, and special vehicle components. The exemptions apply for 6.5 to 13.5 years.

Annual reporting requirements

Annual reporting requirements for companies will apply to exemptions lasting 13.5 years or longer. The EU thus aims to monitor the level of ongoing emissions and track the progress of substitutions. The reporting requirement does not apply to downstream users.

Next steps

The RAC and SEAC will review the proposals and submit them to the EU Commission during 2026. The related legislation is expected to be adopted at the end of 2026 or in 2027.

If you have any questions about PFAS and other substances whose use is restricted, please contact us at sales@kft.de.