New Far-REACHing Proposal by the EU To Restrict PFAS?

On August 20, 2025, the European Chemicals Agency (ECHA) published an updated proposal (the Updated Proposal) to restrict per- and polyfluoroalkyl substances (PFAS) under the REACH Regulation 1907/2006 (REACH). This follows an extensive public consultation on the initial proposal submitted in 2023 by authorities from Denmark, Germany, the Netherlands, Norway, and Sweden (the Submitters). As part of the process, the Submitters evaluated eight sectors (in addition to the 14 identified in the original proposal): 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.

Roadmap of the Restriction Options

The Updated Proposal considers several restriction options for PFAS under REACH:

• Restriction Option 1 (RO1): Full Ban

This option proposes a comprehensive ban on the manufacture, placing on the market, and use of PFAS in substances, mixtures, and articles above strict concentration thresholds. Sectors covered by RO1 include textiles, food-contact materials and packaging, metal plating and manufacturing of metal products, consumer mixtures, and cosmetics.¹

If adopted, the general ban would take effect after the regulation enters into force, following an 18-month transition period. This approach aligns with the European Commission’s objective to phase out all PFAS except for essential uses.

• Restriction Option 2 (RO2): Ban with (Time-Limited) Derogations

This option would introduce a ban with exemptions for specific applications such as electronics and semiconductors, medical devices, vehicle systems, and components (including batteries).² Some uses may benefit from unlimited exemptions, though these are narrowly defined. For example, PFAS used in active substances in medicinal products are exempted.

Where no viable alternatives currently exist, certain uses of PFAS may continue for a longer time beyond the 18-month transition period, typically either five or 12 years. These derogations are intended to provide industry with time to adapt, reflecting the broader principle of the proposal: essential uses may persist temporarily, but the expectation is that everyone will transition to safer alternatives.

• Restriction Option 3 (RO3): Conditional Continued Use
  
  For the first time, as an alternative to outright bans, the Updated Proposal considers less impactful restrictions applicable to specific applications — such as sealing and machinery uses — where PFAS use may continue under strict conditions and where risks can be effectively controlled.

The proposal also includes emission-reduction requirements and use-specific conditions attached to derogations under RO2, aimed at minimizing environmental and health impacts during the transition period/any period of derogation.

I am using PFAS – what now?

Since the initial restriction proposal in 2023, companies at all stages of the chemicals supply chain and in the many sectors that rely on the use of PFAS to a greater or lesser extent have been engaged in proactive planning to try to ensure business continuity and regulatory compliance. Given the evolving landscape and the lack of certainty around the timing and likely final shape of any legislation implementing a REACH restriction on PFAS, this has been very difficult. However, it seems likely that some form of wide-ranging restriction on PFAS will ultimately be introduced, with limited derogations to preserve essential uses where substitution is impossible or very difficult. Companies are already planning and will read the sections of the Updated Proposal that are relevant to their sector with interest. Nothing is set in stone, and there is a way to go before a restriction comes into force, but the changes made by the Submitters are at least an indication of the direction of travel.

I still have time, or do I?

The ECHA expert committees: Committee for Risk Assessment (RAC) and Committee for Socio-Economic Analysis (SEAC) have been reviewing the dossier materials sector by sector, covering 14 sectors (including electronics and semiconductors). According to recent reports,³ the projected timeline is as follows:

• End of 2025: RAC and SEAC plan to conclude their discussions on the 14 sectors covered by the original restriction proposal, plus PFAS manufacturing and horizontal issues (the eight new sectors will not be separately evaluated)
• Mid-2026: Consultation on draft SEAC opinion (usually a 60-day window)
• By end of 2026: Delivery of final RAC and SEAC opinions to the European Commission

Once the European Commission receives the final opinions, it will make a decision, which should reflect a balanced view of the identified risks and of the benefits and costs of the proposed restriction. Within three months of receiving the two committees opinions, the Commission is supposed to prepare draft legislation to amend REACH Annex XVII to include the new restrictions.

A final decision on the legislation is taken through a procedure involving review by the European Parliament and the Council of the European Union.

In the Updated Proposal, it appears that the entry into force (EIF) date is assumed to be 2025, with a transition period of 18 months, so any sectors exposed to a complete ban under the restriction would potentially be impacted by it in 2027. The time-limited derogations (five or 12 years) would run from the end of the transition period following EIF, i.e. to 2032 or 2039, respectively. However, if the Commission receives the final RAC and SEAC opinions in late 2026, the timelines may be delayed.

Nevertheless, even if full implementation may be delayed, due to the likely scope and impact of the restriction, we anticipate that many companies will monitor developments closely, submit appropriate comments to the consultation on the SEAC analysis, and continue planning in earnest. The EU position will need to be considered in the context of global regulatory developments on PFAS and their collective impact on the use and marketing of these substances.

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Blog post 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.