On January 13, 2023 the national authorities of Denmark, Germany, the Netherlands, Norway and Sweden submitted a proposal to the European Chemicals Agency (ECHA) to restrict per- and polyfluoroalkyl substances—more commonly known as PFAS—under the chemicals regulation (REACH). ECHA has said it would publish a detailed proposal, which it called “one of the broadest in the EU’s history,” on February 7, 2023.

PFAS are a class of chemical compounds that are used everyday products—clothes, furniture, adhesives, food packaging, nonstick cooking surfaces, and the insulation of electrical wire—to make them resistant to heat, oil, stains and water. Often referred to as “forever chemicals” PFAS don’t exist in nature and are referred to as “forever chemicals” because the chemical compounds don’t naturally degrade, which means they end up contaminating groundwater for decades after their release into the environment.

The next step, planned for March 2023, is a review by ECHA’s scientific committees, i.e.: the Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC) whether the proposed restrictions will meet the legal requirements of REACH. If so, scientific evaluation of the proposal will begin.

A six-month consultation is scheduled to begin on March 22, 2023. In addition, an online information session will be held on April 5, 2023 to explain the restriction process and help those interested in participating in the consultation.

The opinions of the RAC and SEAC committees should be ready within 12 months from the start of the scientific evaluation. However, due to the complexity of the proposal and the scope of the information, the committees may need more time to finalize their opinions.

Once the opinions are adopted, they are sent to the European Commission, which, together with EU member states, decide then on the possible restrictions.

As you can see, the schedule of activities is tight. We will carefully watch the ongoing work and review the effect it will have on entrepreneurs.