ECHA Committees Advance Broad PFAS Restriction Under REACH

The European Chemicals Agency (ECHA) is accepting public comments through May 25, 2026 on a draft opinion from its Committee for Socio-Economic Analysis (SEAC) supporting EU-wide restrictions on per- and polyfluoroalkyl substances (PFAS). The consultation on the SEAC draft opinion was announced on March 26, 2026, concurrent with the release of the ECHA Committee for Risk Assessment’s (RAC) final opinion similarly supporting EU-wide PFAS restrictions.

The opinions mark a significant step toward a market-wide, class-based restriction under the EU’s Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) .

Background

As discussed in our February 2023 Advisory and August 2025 Blog, the restriction proposal — originally submitted in January 2023 by authorities in Denmark, Germany, the Netherlands, Norway, and Sweden — applied broadly to PFAS as a class, which is estimated to include more than 10,000 distinct substances. It is uncertain precisely how many commercially active PFAS are in distribution and use in the EU.

The proposal reflects a shift from the substance-specific regulatory approach generally taken when implementing restrictions under REACH, in favor of a broad, class-based approach, based on what are presumed to be shared characteristics of PFAS, such as persistence and environmental accumulation. The approach is intended, in part, to avoid substitution with structurally similar PFAS, and to address concerns regarding the presence or persistence of certain PFAS in environmental media and human tissues.

The proposed restriction would apply to the manufacture, placing on the market (including import), and use of PFAS in substances, mixtures, and articles across a wide range of sectors, subject to limited exceptions, which will for the most part be time-limited.

Key Features of the Committee Opinions

RAC Supports a Broad Restriction

RAC concludes that PFAS pose risks to human health and the environment due to their persistence, mobility, and potential to accumulate over time. RAC also finds that an EU-wide restriction on manufacture, use, and placing on the market is the most appropriate measure to address those risks. A comprehensive restriction, RAC has estimated, could reduce PFAS emissions by approximately 96% over a 30-year period.

Derogations Are Expected, With Additional Controls

The proposal contemplates derogations (exemptions) for uses where suitable alternatives are not yet available, including in some medical, industrial, and technical applications. These are mostly foreseen as time-limited, although a few time-unlimited derogations or exclusions from scope of the restriction may ultimately be included. RAC emphasizes that such derogations would result in continued PFAS emissions. Thus, RAC further recommends additional measures be taken to minimize such emissions, including:

• Site-specific PFAS management plans and emissions monitoring
• Supply chain communication and reporting
• Labeling and instructions for safe use and disposal

RAC also supports extending reporting obligations to importers of PFAS-containing products and calls for emissions reporting to ECHA.

SEAC Also Supports a Restriction With Use-Specific Derogations

SEAC’s draft opinion similarly supports EU-wide action but concludes that a full, immediate ban would likely not be proportionate (balanced when risks and benefits are considered), given current technical and economic constraints (including the limited availability of alternatives in certain applications). Thus, SEAC favors a framework combining a general prohibition with use-specific derogations, where justified by the availability of alternatives and broader socio-economic considerations.

SEAC also supports, in principle, the need for additional risk mitigation measures where derogations are provided, as identified by RAC, but indicates that further information is needed to assess the proportionality of certain risk management measures and notes concerns with the enforceability of certain measures proposed by RAC.

Emissions Minimization Is a Central Objective

Both committees emphasize the need to minimize PFAS emissions, including where uses will continue under derogations.

RAC, in particular, applies an approach under which releases should be minimized, reflecting concerns for the persistence of PFAS and the difficulty of remediation. This focus suggests that any final restriction may include operational obligations — such as monitoring, reporting, labeling, and supply chain communication — in addition to use restrictions.

Broad Scope and Sectoral Impacts

The proposal applies across a wide range of sectors, including electronics, textiles, medical devices, packaging, and energy systems. Consequently, impacts will likely vary considerably by industry. For example, sectors such as medical devices and semiconductors, including the manufacture of semiconductors, have been identified as areas where PFAS may remain necessary for certain applications due to technical performance standards and safety requirements.

For such uses, the proposal contemplates longer, time-limited derogations — potentially extending up to 12 years from implementation — where alternatives are not yet available. As noted above, continued use in these sectors would likely be subject to additional requirements, including emissions monitoring, reporting, and supply chain communication. Interim derogations are also foreseen for uses in a further eight sectors identified during evaluation (printing applications, sealing applications, machinery applications, “other” medical applications, military applications, explosives, technical textiles, and broader industrial uses). Evaluation of use in these sectors to date has not progressed to the point where SEAC is able to assess the proportionality of the restriction and potential derogations.

Process and Next Steps

ECHA has initiated a 60-day consultation on SEAC’s draft opinion, open until May 25, 2026.

Following the consultation:

• SEAC is expected to finalize its opinion by the end of 2026.
• ECHA will transmit both committee opinions to the European Commission.
• The European Commission will prepare a draft amendment to Annex XVII of REACH for consideration by EU Member States, followed by scrutiny of the European Parliament and Council.

The final regulation will define the scope of restrictions, transition periods, and any exemptions or derogations.

Implications

The committee opinions confirm continued, forward movement toward broad, class-based PFAS restrictions in the EU. Companies that supply and use PFAS must carefully assess their PFAS use across supply chains, including in various formulations, articles, and components of complex goods. This will be a challenge where transparency within the supply chain concerning the chemical content of manufactured products is limited by trade secrecy and related concerns.

Derogations and transition periods introduce uncertainty especially with regard to timing and scope of eventual restrictions. This uncertainty is particularly concerning in specific high-technology sectors where substitution remains challenging. The committees’ emphasis in their opinions on emissions minimization suggests that compliance may require enhanced monitoring, reporting, and supply chain coordination, accompanied by continuing, dedicated efforts to identify technical feasible alternatives and address product reformulation.

As we have seen on other occasions when REACH requirements have limited use of specific chemistries presenting potential health or environmental concerns, the EU’s approach is likely to influence regulatory developments in other jurisdictions, including among the parties to treaties such as the Stockholm Convention. There is potential for considerable overlap between a broad REACH PFAS restriction and other restrictions of substances — e.g., under EU packaging and waste, greenhouse gas, and persistent organic pollutants legislation, as well as environmental risk assessments required in certain sectors, e.g., medicines. Navigating these regulations will likely present a significant challenge for companies in many sectors.

Key Takeaways

The March 2026 ECHA announcement represents an important milestone in the EU’s effort to restrict PFAS under REACH. While key elements of the proposal remain under development, the overall direction of travel is clear.

Companies that produce PFAS, and those that rely on PFAS, can no longer afford to merely monitor regulatory developments; they must be driven to critically evaluate their PFAS use across their products and operations, and consider participating in the ongoing consultation process.

We will continue to monitor developments and provide updates as they emerge.

© Arnold & Porter Kaye Scholer LLP 2026 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.