PFAS regulation in the EU

PFAS is a class of approximately 10,000 fluorinated chemicals. These chemicals serve different purposes – depending on the chemical and the product, they can make products resistant to oil, water, or heat, for example. As a result of these properties, PFAS are used in a wide range of ways. They are contained in beauty and healthcare products, clothing, in food and drinks packaging, in cleaning chemicals, and used in the manufacture of semiconductors, among other things.

Some PFAS chemicals are known to degrade very slowly – data is not available on all of them – which has led to the colloquialism ‘forever chemicals’ being used to describe them.

In this guide, we look at the regulation of PFAS at EU-level as well as in some specific EU member states. Our separate guide looks at PFAS regulation in the UK.

EU regulation

The EU relies on several rules to manage PFAS. The EU regulation on the registration, evaluation, authorisation and restriction of chemicals (EU REACH) is the main system; other sector‑specific regulations complete the framework. Ongoing reforms and new proposals aim to strengthen these controls, but their final scope and impact remain uncertain.

EU REACH

EU REACH is designed to protect human health and the environment from the risks that can be posed by chemicals and is built on a simple ‘no data, no market’ principle. In practice, manufacturers and importers must register any chemical substance produced or brought into the EU in quantities above one ton per year. Without registering this information, the substance cannot be placed on the market.

EU REACH also includes several tools to control chemical risks. One of them is the authorisation system for substances of very high concern (SVHCs), which are listed in Annex XIV of the regulation. Another is the restriction mechanism in Annex XVII, which applies to substances considered to pose an unacceptable risk at EU level. Some forever chemicals are already covered by these control mechanisms. This means their use may require authorisation, be subject to restrictions, or even be fully prohibited. For example, substances such as perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS) or perfluorohexane sulfonic acid (PFHxS) are already restricted or banned in several applications at EU level.

The EU is currently working on the revision and consolidation of EU REACH. As part of this, in 2024, the European Commission published guidance clarifying the ‘essential use’ criteria and principles that are important and applicable when implementing several pieces of EU legislation governing the use and production of chemicals, including EU REACH. This followed a resolution on the EU’s chemicals strategy for sustainability adopted by the European Parliament in 2020 in which it asked the Commission to define the concept of and criteria for the ‘essential use’ of hazardous chemicals, to provide a harmonised approach for regulatory measures on non-essential uses.

The chemical strategy specifically committed to: “[…] define criteria for essential uses to ensure that the most harmful chemicals are only allowed if their use is necessary for health, safety or is critical for the functioning of society and if there are no alternatives that are acceptable from the standpoint of environment and health. These criteria will guide the application of essential uses in all relevant EU legislation for both generic and specific risk assessments”.

PFAS is mentioned in the strategy as requiring special reference, but the strategy and the ‘essential use’ guidance is not confined to PFAS; it includes other chemicals. 

In tandem with this, in January 2023, authorities from Germany, the Netherlands, Denmark, Sweden and Norway submitted a proposal to the European Chemicals Agency (ECHA) to restrict the manufacture use, and marketing of all PFAS under EU REACH. Their proposal recommends wide-ranging restrictions on the manufacture, placing on the market and use of around 10,000 PFAS.

Since then, the Risk Assessment and Socio-Economic Analysis (SEAC) committees of the European Chemicals Agency (ECHA) have been evaluating the proposal. There are indications that the ECHA will publish its recommendation later in 2026. A 60 day consultation on the SEAC’s draft opinion is expected before then.

The ECHA’s recommendation is expected to cover the use of PFAS in the 14 sectors originally included in the proposal, as well as PFAS manufacturing and horizontal issues. 

Other European sectoral regulations

In addition to EU REACH, two other instruments also govern PFAS in the EU, each focusing on specific sectors or groups of substances.

POPs Regulation

After ratifying the Stockholm Convention of 22 May 2001, the EU implemented its obligations through the Persistent Organic Pollutants Regulation (the POPs Regulation). As a result, certain PFAS identified as persistent organic pollutants are now restricted, and in some cases fully prohibited.

Toy Safety Regulation

The EU Toy Safety Regulation, adopted in December 2025, entered into force on 1 January 2026. It introduces strengthened chemical safety rules that will apply from 1 August 2030. Among its key provisions, the Regulation bans hazardous substances in toys as soon as they are identified as harmful, including PFAS. These restrictions replace a previous directive from 2009 and forms part of a broader update of safety requirements, which also introduces digital product passports to support enforcement and market surveillance.

Packaging and Packaging Waste Regulation

The Packaging and Packaging Waste Regulation (PPWR) introduces a harmonised EU‑wide framework to limit hazardous substances in packaging, including PFAS. The PPWR entered into force on 11 February 2025 and will apply generally from 12 August 2026.

From that date, food-contact packaging placed on the EU market must comply with three PFAS concentration thresholds:

• 25 ppb for any individual non‑polymeric PFAS;
• 250 ppb for the sum of non‑polymeric PFAS;
• 50 ppm for total PFAS, including polymeric PFAS.

These limits operate in addition to substance‑specific restrictions already in place under REACH and the POPs Regulation, meaning companies must ensure cumulative compliance across frameworks.

Drinking Water Directive

The EU Drinking Water Directive, on the quality of water intended for human consumption, sets binding PFAS limit values, including a maximum concentration of 0.5 µg/L for “PFAS total”, applicable across all member states from 12 January 2026.

These specific rules show how the framework is gradually expanding. However, the regulatory system is still evolving. Many elements are not yet settled.

Although current initiatives share the same objective of reducing any harmful PFAS use, several uncertainties remain. For example, in many cases there is uncertainty over, or a complete lack of, verified data on the toxicity of many substances falling under the PFAS umbrella. There is also a lack of alternatives to some PFAS substances where their use is an essential component in other policy targets, including for example the drive to net zero. It is in this context that many businesses have urged for policymakers and regulators to adopt a cautious approach to imposing new PFAS restrictions.

While EU law has laid the foundations for PFAS regulation, France has introduced additional measures within its own national framework.

The legal framework in France

France has enacted regulations to gradually remove PFAS from public use, increase their monitoring, and improve public information. Regulations also target industrial emissions and provide for a financial scheme based on the polluter‑pays principle.

The progressive ban on PFAS

On 27 February 2025, France adopted a dedicated Act (n° 2025‑188) that significantly reshapes its national framework on PFAS. This legislation introduces significant obligations that will require industrial operators to review and adjust their compliance strategies.

At the centre of the Act is a progressive ban on PFAS.

Since 1 January 2026, the manufacture, import, export and placing on the market, whether paid or free, of certain consumer products containing PFAS has been prohibited. The products concerned include cosmetics, ski waxes, clothing textiles, footwear and waterproofing agents. The Act also provides for a specific exemption for textiles used to protect individuals in defence or civil security operations, recognising that certain PFAS applications remain necessary for critical functions.

From 1 January 2030, the scope of the ban will widen further to cover all textile products, with specific derogations to be defined by decree.

This phased approach reflects France’s ambition to lead on PFAS regulation while giving industries time to move towards alternative materials and technologies.

A draft decree designed to implement these measures was released for public consultation between 7 August and 5 September 2025. The finalised decree (2025‑1376) was published on 28 December 2025. It clarifies which products benefit from exemptions to the 2026 restrictions. Exemptions include personal protective equipment covered by Regulation (EU) 2016/425, as well as protective and combat equipment used by the armed forces, internal security and civil protection. It also includes waterproofing agents used to re‑waterproof such personal protective equipment; and clothing textiles and footwear containing at least 20% post‑consumer recycled material, with PFAS permitted only within the recycled fraction.

Looking ahead to 2030, the decree also provides that technical textiles used in industrial settings, certain ‘category III’ personal protective equipment – which is designed to protect people from very serious hazards that could cause death or irreversible health damage – and some sanitary textiles may be exempted where no suitable substitute is available. It also covers equipment used in combat systems and in nuclear, radiological, biological or chemical environments. Clothing textiles or footwear containing at least 20% post‑consumer recycled material may also benefit from an exemption, with PFAS limited to the recycled fraction.

In addition to the specific exemptions, the Act states that the prohibitions do not apply when PFAS levels remain below defined residual thresholds. The decree clarifies these limits: 25 ppb (parts per billion, equivalent to micrograms per kilogram) for each PFAS measured individually, excluding polymers; 50 ppm (parts per million) where polymers are involved; and 250 ppb for the total concentration of PFAS present.

The reduction of industrial PFAS releases and associated penalties

A core element of the French framework focuses on reducing industrial PFAS releases. The Act introduces a national trajectory aimed at the progressive elimination of aqueous PFAS discharges at industrial sites.

To give effect to this objective, a decree dated 8 September 2025 (n° 2025‑958) sets the required reduction path: industrial operators must achieve a 70% reduction in aqueous PFAS releases by 27 February 2028, followed by a further decline leading to the complete cessation of such discharges by 27 February 2030. However, the detailed rules for putting this trajectory into practice still need to be defined.

To ensure efficiency, the Act also introduces a significant development by applying the ‘polluter pays’ principle to PFAS discharges. Under this principle, set out in the French Environmental Code, the entity responsible for pollution must bear the cost of the harm they cause. In the PFAS context, the Act gives effect to this principle through a dedicated financial mechanism targeting industrial emitters.

Specifically, the Act introduces a new fee applicable to classified facilities for the protection of the environment (ICPE) operating under an authorisation regime and generating PFAS discharges. The fee is based on the annual mass of PFAS released, with a threshold set at 100 grams. Above this level, operators must pay €100 for every additional 100 grams discharged. The list of PFAS covered by this mechanism will be defined by decree.

However, the mechanism was later revised by an amendment adopted by the Senate on 1 December 2025 (n° I‑1797 rect. Ter). This amendment was adopted during the Senate’s examination of the 2026 Finance Bill. It substantially rewrote the PFAS fee framework.

In its final adopted version, the amendment provides that the fee does not apply to operators of wastewater treatment plants. It also establishes that the fee is not due when annual PFAS discharges remain below 100 grams. Finally, it specifies that PFAS already present in the water used by the operator for its activity must be deducted from the taxable mass, meaning that only the PFAS added by the operator are subject to the fee.

Article 3 of the Act also requires the French government to adopt an inter‑ministerial action plan within one year of its promulgation. This plan is intended to provide both a strategic and operational framework for financing the decontamination of water supplied by local authorities. Notably, the obligation applies not only when authorities manage water services directly, but also under a delegation arrangement.

Water control

The Act also requires that drinking water intended for human consumption be monitored for specific types of PFAS, which are to be listed in a forthcoming decree. This obligation applies to all public and private operators responsible for producing or distributing drinking water. The Act goes a step further by requiring monitoring of any detectable PFAS whenever local conditions make such testing relevant. A Decree (2025‑1287) of 22 December 2025 establishes the list of PFAS substances that must be monitored as part of the sanitary control of water intended for human consumption, such as Trifluoroacetic acid (TFA) for example. These monitoring requirements began to apply on 1 January 2026, except for two substances for which monitoring becomes mandatory on 1 January 2027.

The Act also strengthens transparency. Regional health agencies must publish yearly PFAS testing results for drinking water. It also provides a national public map of sites that currently emit or have emitted PFAS, with details to be set by decree.

Overall, the EU’s framework on PFAS is still being built, with major reforms underway and many aspects yet to be clarified. France, meanwhile, has already moved ahead with ambitious rules, positioning itself as a pioneer in PFAS regulation.

PFAS regulation in Germany

Germany – through the Federal Environment Agency – is one of five EU countries that has pushed for greater PFAS restrictions under EU REACH. As highlighted above, those countries submitted a specific restriction proposal to the ECHA in 2023, with the outcome of the ECHA’s assessment of those proposals expected later in 2026. Accordingly, the use of PFAS in Germany is largely regulated and up to the EU standard. At the same time, German courts have held companies liable for damages due to non-compliance with these regulations.

Regulatory framework under German law

In general, the regulation of PFAS in Germany follows EU legislation. Core regulatory instruments such as REACH, the Drinking Water Directive and sector specific environmental rules apply either directly or through national implementation.

REACH is directly applicable in Germany, whereas its administrative enforcement and supervision are provided for in the German Chemicals Act (ChemG). The oversight is conducted by different agencies such as the Federal Environmental Agency, the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety and the Federal Institute for Occupational Safety and Health, each covering different aspects of the REACH regime. The Federal Office for Chemicals is responsible for enforcing the regulation. It initiates any restriction procedures in accordance with s5 ChemG and s69 of REACH.

According to s27b ChemG, intentional or negligent breaches of REACH provisions can be punished by fines or imprisonment of up to two years. This elevates PFAS-related non-compliance from a regulatory issue to a potential criminal law risk for individuals.

Further, the EU’s Drinking Water Directive has been implemented by the German Drinking Water Ordinance (TrinkwV), adopted in 2023 by means of s7 and 38 of the German Infection Protection Act (IfSG). In accordance with the EU directive, the TrinkwV introduces limit values for PFAS in drinking water. Since 12 January 2026, a maximum of 0.1 microgram per litre for the total concentration of PFAS is permissible. Further limits are foreseen from 2028 onwards for particularly hazardous PFAS, such as PFOS, PFOA, PFHxS and PFNA, reflecting their elevated toxicological relevance.

In addition, certain PFAS are indirectly affected by international ozone‑ and climate‑protection law. Here, the Montreal Protocol on Substances that Deplete the Ozone Layer (1987) provides for the phase‑out and phase‑down of chlorinated and fluorinated hydrocarbons, including hydrofluorocarbons (HFCs). These obligations are implemented in the EU through two regulations adopted in 2024 – one on ozone‑depleting substances and one on fluorinated greenhouse gases – and in Germany through the Chemicals Ozone Layer Ordinance and the Chemicals Climate Protection Ordinance (ChemKlimaschutzV). While these instruments are not designed to regulate PFAS risks as such, they are relevant insofar as certain fluorinated substances overlap chemically with PFAS. Their regulatory focus remains limited to ozone and climate protection and does not address the broader health and environmental risks associated with PFAS.

Besides these three main pillars, other national laws in Germany equally concern the use of PFAS indirectly as they concern broader environmental issues. Examples include the Environmental Liability Act, Environmental Information Act, and the Water Resources Act. 

Civil liability for the use of PFAS in Germany

In addition to these regulatory considerations, companies and individuals must exercise caution around PFAS to avoid civil liability. In this regard, a decision by the regional court Baden-Baden from 2024 is particularly noteworthy.

In that case, a German composting company was held liable for the contamination of municipal groundwater with PFAS following the repeated application of compost mixed with paper sludge. The sludge originated from several paper mills that used PFAS‑based coatings in their production processes.

Between 2006 and 2008, the company received at least 43,000 tonnes of paper sludge from multiple mills. The sludge was mixed with compost and repeatedly spread on agricultural land within the municipality. No prior chemical analysis of the incoming sludge was conducted by the operator. As the applications occurred more than a decade earlier, no original samples of the compost‑sludge mixtures were available at the time of the proceedings.

Subsequently, PFAS contamination was detected in the municipal groundwater, leading to the decommissioning of a public drinking water well. The municipality incurred costs for groundwater analyses, the installation of monitoring stations and related legal measures, amounting to approximately €147,000. Accordingly, the municipality sued both the company and its executive for damages.

The court held the composting company liable under Sections 823 and 1004 of the German Civil Code (BGB), in conjunction with Section 89(2) of the Water Resources Act (WHG).

As no original samples were available, the court placed a secondary burden of proof on the composting company with respect to the origin, composition and contamination of the waste material used. By analogy, it applied the causation presumption developed under s6 and 7 of the Environmental Liability Act (UmweltHG), which provides that if an installation is likely to cause the damage that occurred on the basis of the given facts of the individual case, it is presumed that the damage was caused by this installation. On this basis, it was sufficient for the municipality to demonstrate that the company’s conduct could have caused the alleged harm.

The municipality met this standard by submitting expert evidence. The expert explained that PFAS‑containing paper sludge can leach under weather conditions, migrate through soil and contaminate groundwater, including municipal wells. The alternative contamination scenarios put forward by the company were considered speculative and insufficiently substantiated, particularly in relation to the specific plots concerned.

With respect to damages, the court ruled that expenses incurred for analyses, monitoring infrastructure and legal action constituted recoverable material damages, as they were necessary consequences of the contamination and the shutdown of the municipal well.

Notably, the court also found the company’s executive jointly liable alongside the corporate entity, thereby extending liability beyond the company itself to individual management responsibility.

The compost company has appealed the court’s ruling to the Higher Regional Court of Karlsruhe. However, the first-instance decision illustrates the growing legal consequences of PFAS contamination in Germany. Of particular significance is the court’s readiness to impose a secondary burden of proof on operators and to rely on presumptions of causation where scientific plausibility is established. The ruling also underscores the potential personal liability of executives in PFAS‑related cases, increasing both corporate and individual risks.

A public warning about the contamination was issued by the Federal Environmental Agency, under the Environmental Information Act. The compost company objected to the warning, but the Higher Administrative Court of Baden-Wuerttemberg decided that the disclosure of such information was lawful, highlighting the administrative pursuit of compliance with PFAS regulations on all levels.

Outlook and summary

Germany’s political approach to PFAS regulation is cautious and explicitly risk‑based. According to its coalition agreement, the current German government rejects an all-encompassing ban of PFAS. Instead, it pursues a differentiated, risk‑based approach aimed at balancing environmental and health protection with industrial competitiveness. Research and development of alternative substances are to be promoted, and PFAS are to be replaced where technically feasible alternatives exist.

In practical terms, Germany’s regulatory trajectory will therefore be largely determined by EU law. Several PFAS-related restrictions are already scheduled to take effect under existing EU measures, including regulations on product packaging from August 2026, bans on PFAS in firefighting foams from April 2026, and extended prohibitions for civil aviation applications, including airports, from October 2029. Further restrictions affecting textiles, footwear and comparable products are expected to apply from October 2026 onwards, with broader bans foreseen from October 2027, subject to exemptions for medical devices, protective equipment and other critical uses. Equally, limits under the TrinkwV will become more restrictive, as explained above.