The European Chemicals Agency (ECHA) announced on August 20, 2025, that it published an updated proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. The authorities from Denmark, Germany, the Netherlands, Norway, and Sweden (Dossier Submitters) submitted the initial proposal in January 2023 and have now completed their evaluation of more than 5,600 scientific and technical comments and prepared an updated restriction proposal (Draft Background Document). According to ECHA, the Draft Background Document will form the basis for the opinions of ECHA’s scientific committees for Risk Assessment (RAC) and for Socio-Economic Analysis (SEAC).
The Dossier Submitters have, among other things, identified and carried out assessments for eight sectors not specifically named in the 2023 proposal. These sectors are:
- Printing applications;
- Sealing applications;
- Machinery applications;
- Other medical applications, such as immediate packaging and excipients for pharmaceuticals;
- Military applications;
- Explosives;
- Technical textiles; and
- Broader industrial uses, such as solvents and catalysts.
In addition to adding sectors to the Draft Background, the Dossier Submitters have considered alternative restriction options, beyond a full ban restriction option 1 (RO1) or a ban with time-limited derogations for certain applications (RO2). The Draft Background now includes a third restriction option (RO3) that would allow continued use under strict conditions that minimize emissions over the full life cycle, i.e., “regulatory options potentially allowing for adequate control of risks through means other than a ban.” The Dossier Submitters assessed alternative options for the following uses:
- PFAS manufacturing;
- Transport;
- Electronics and semiconductors;
- Energy;
- Sealing applications;
- Machinery applications; and
- Technical textiles.
According to the Draft Background Document, while the Dossier Submitters “propose RO2 (ban with use-specific transitional periods) for the draft Annex XVII entry text [], the appropriateness of all assessed restriction options should be evaluated by [ECHA’s] RAC and SEAC and considered by decision-makers.”
On August 27, 2025, ECHA announced a timeline for the restriction evaluation. In the August 27, 2025, note, ECHA states that “[c]onsidering the sheer scale of this complex restriction proposal, RAC and SEAC have already made good progress in their opinion making on the 14 sectors covered by the original restriction proposal, plus PFAS manufacturing and horizontal issues.” According to ECHA, including the eight sectors added to the Draft Background Document to the RAC and SEAC evaluations now “would require significant time beyond 2026 to finalise the opinion with these sectors.” Instead, while RAC and SEAC will not carry out a sector-specific evaluation of these eight sectors, the evaluation of horizontal issues will include “the hazard assessment and risk management measures of general applicability that are able to monitor and limit emissions of PFAS to the environment (e.g. reporting requirements, PFAS management plan).” RAC and SEAC plan to conclude their discussions on the 14 sectors covered by the 2023 restriction proposal plus PFAS manufacturing and horizontal issues by the end of 2025. This will allow ECHA to prepare the final RAC opinion and draft SEAC opinion and hold a public consultation on the draft SEAC opinion in the first half of 2026. ECHA “has the firm objective” to deliver the final RAC and SEAC opinions to the EC in 2026.
Commentary
The proposed restriction could restrict more than 10,000 PFAS across the EU. ECHA received more than 5,600 comments during the six-month public consultation. RAC and SEAC’s evaluation of the sectors in the 2023 proposal, and the comments received, has taken far longer than anticipated. It is disappointing that RAC and SEAC will not conduct sector-specific evaluations of the eight sectors not included in the 2023 restriction proposal. According to a June 2025 summary of the status of RAC and SEAC’s evaluations, discussion of horizontal issues (general aspects of the opinion) are tentatively scheduled for the upcoming RAC and SEAC meetings in September and December 2025. As specified by the RAC rules of procedure, RAC meetings may be open to advisers, invited experts, and observers at the request of RAC members or ECHA’s Management Board. Stakeholders in the eight sectors added to the Draft Background Document (printing applications; sealing applications; machinery applications; other medical applications, such as immediate packaging and excipients for pharmaceuticals; military applications; explosives; technical textiles; and broader industrial uses, such as solvents and catalysts) should be prepared to engage in the upcoming RAC meetings and any public consultation opportunities.