EU PFAS Restriction Proposal Update: Preparing for Far-Reaching Impacts

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ABOUT THE AUTHOR

Picture of Vittorio Pio Casciani

Vittorio Pio Casciani

Vittorio Pio Casciani is an public affairs intern at Ohana, supporting the Circularity team on eco-design, textiles, and chemicals. With experience at the European Chemicals Agency, he brings strong regulatory insight and a focus on sustainability and circular economy policy.

One of the most impactful pieces of chemicals legislation in recent years, the EU PFAS restriction proposal, is moving forward. The legislative process is still ongoing, but this does not mean that it’s the time to wait and see what happens. Its recent update has in fact turned this into a decisive moment for organisations across all sectors that still rely on these highly versatile “forever chemicals”.

Keen to understand what has changed and what your business can do to guarantee not only compliance, but competitiveness? Then this first article of our new series on EU Chemical legislation is for you.

Want someone with deep experience and connections in the EU to help guide your sustainability strategy? Get in touch!

The EU PFAS Restriction Proposal: A Brief Refresher

PFAS, or per- and polyfluoroalkyl substances, comprise a large family of synthetic chemicals known for their resistance to water, oil, and heat. These properties have led to their widespread use across various industries, but they also contribute to their persistence in the environment and accumulation in living organisms, creating significant risks for human health and ecosystems.

For that reason, PFASs have become one of the EU’s top regulatory priorities and, in January 2023, the public authorities of Denmark, Germany, the Netherlands, Norway and Sweden (we can call them ‘Dossier Submitter’) submitted a joint restriction proposal to the European Chemicals Agency (ECHA). As detailed in our initial analysis of the PFAS proposal, their objective was to ban the use of such chemicals across a wide range of consumer and industrial applications within the EU.

Since then, thousands of organisations have submitted feedback, which has now informed the updated version released earlier this year.

The Proposal Update: An Expanded Scope

The updated proposal, published in August 2025, has an even more overarching impact on EU industries. It significantly expands the number of sectors explicitly assessed and accompanied by a restriction option from using PFASs, while keeping the door open for even broader inclusion should the European Commission deem it necessary.

Originally, the proposal covered fourteen sectors: ski wax, consumer mixtures and miscellaneous consumer articles, cosmetics, metal plating and manufacture of metal products, food contact materials and packaging, TULAC (textiles, upholstery, leather, apparel and carpets), petroleum and mining, construction products, applications of fluorinated gases, transport, energy, medical devices, lubricants, electronics and semi-conductors.

In its updated form, eight additional areas are now listed:

  • Printing, sealing and machinery applications
  • Medical applications
  • Military applications
  • Explosives
  • Technical textiles
  • Broader industrial uses (such as solvents and catalysts)

Understanding the Practical Impacts

The updated proposal confirms that the restriction is broad in scope, covering all uses of PFAS, not just those explicitly assessed or mentioned by the Dossier Submitter. In other words, unless a specific exemption (derogation) is granted, any PFAS use could fall under the restriction.

However, the final, legally binding decision will rest with the European Commission, which will be informed by ECHA’s final opinion. This means the Commission may still decide to extend or adjust the restriction’s scope beyond the sectors explicitly covered in the current assessment.

According to the latest version, the restriction could take three possible forms:

  1. A ban on the use of PFAS with specific thresholds limits and no time derogations.
  2. A ban on the use of PFAS with time-limited derogations within a range of 5 to 12 years, based on the sector’s assessment.
  3. Conditional continued use of PFAS under strict requirements designed to minimise emissions throughout the product life cycle.

Notably, the updated proposal includes a much higher number of derogations when compared to the original: the total figure went from 26 to 86 derogations mentioned.

A Practical Example

While the provisional conclusions reached by the Risk Assessment Committee and the Socio-Economic Assessment Committee (ECHA’s bodies responsible for the scientific evaluation of the proposal) are not publicly available, we can look at the conclusions drawn by the Dossier Submitter on textiles, upholstery, leather, apparel and carpets (TULAC) to illustrate the possible ways in which the ban can be applied and the rationale behind the different options considered:

  • General ban: For most textile products, a complete ban will apply 18 months after the entry into force of the restriction. Alternatives to PFAS are already available, which is why regulators consider this timeline realistic.
  • Personal Protective Equipment (PPE): Some PPE will receive a 12-year derogation beyond the 18-month deadline, as no alternatives can currently match PFAS properties in these applications.
  • Recycled textiles: These will also receive a 12-year derogation, except for toys. After this period, recycled textiles should be PFAS-free as new PFAS-containing products will no longer enter the market.
  • Second-hand textiles: No ban is foreseen here, as enforcement would be unfeasible and disproportionate, with potentially high economic impacts.

As the updated dossier will guide the entire restriction process, we can anticipate that where substitutes are already available, restrictions will likely be swift. At the same time, where essential uses cannot yet be replaced, longer derogations may apply.

Timeline and Decision Points

The PFAS restriction has already gone through several critical milestones, and many more lie ahead. Below you can see a concise timeline of the PFAS restriction proposal, with key moments explained:

  • January 2023 – Proposal submitted by the authorities of Denmark, Germany, the Netherlands, Norway and Sweden.
  • 22 March – 25 September 2023 – Public consultation period, with more than 4,400 contributions received, including over 1,000 from non-EU stakeholders.
  • April 2023 – Risk Assessment Committee (RAC) and Socio-Economic Assessment Committee (SEAC) begin their evaluations. RAC focuses on health and environmental risks, SEAC on socio-economic impacts.
  • 20 August 2025 – Updated proposal drafted by the Dossier Submitter and published by the European Chemicals Agency, including new sectors.
  • 27 August 2025 – ECHA clarifies that RAC and SEAC will not carry out a specific evaluation of the sectors included in the updated proposal. However, this does not exclude them from eventual restrictions, as horizontal issues are taken into account.
  • 15 September 2025 – ECHA announces that SEAC’s draft opinion will be opened for consultation in March 2026, with an online information session on 30 October 2025.
  • By the end of 2026 – ECHA aims to finalise its opinion.
  • Thereafter – The European Commission will draft the legal act, theoretically within three months, followed by adoption through agreement with the Council and the European Parliament.

This means businesses are still at least two years away from seeing binding legislation. However, the decisions made during this period will determine the scope, timelines and derogations that directly affect industry operations.

Preparing For Change: Immediate Action Steps for Your Business

While the legal process is ongoing, companies cannot afford to wait passively. If you want your organisation to lead the charge and be well prepared for what’s coming, here are four essential steps:

  1. Monitor regulatory developments: Follow ECHA communications, Commission updates and Parliament discussions closely. The scope, timelines and exemptions under the proposed restriction are still under review and may change as the process advances.
  2. Engage in consultations: Public consultations are the main opportunity to provide input on the availability of alternatives and the feasibility of restrictions. Submitting robust evidence can influence the Commission’s final decision.
  3. Review alternatives and substitution strategies: Map out where PFAS are used in your products or supply chains, and assess whether viable substitutes exist. Where none are available, document the technical gaps clearly to inform future derogation debates.
  4. Prepare internal data for advocacy: Collect and organise evidence on product performance, safety and socio-economic impacts of substitution. This information will strengthen your position in dialogue with regulators.

For those who are just becoming familiar with EU chemical legislation, we also have a handy glossary to demystify the EU’s chemical jargon.

Key Takeaways

The EU PFAS restriction is a complex and evolving legislative file with far-reaching consequences for businesses, and experience shows that those who anticipate regulatory changes are better positioned to adapt and thrive.
While we have long been known for our expertise in the textile sector, our team is now supporting organisations across various industries that face uncertainty under the EU’s many policy changes.
No matter the sector – from textiles and apparel to mattresses and furniture – our experts are ready to help your business understand the impacts of the PFAS restrictions and develop a strategy to shape their outcomes. Get in touch with our team and discover how we can work together on preparing for what’s next.

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