European Commission presents Chemicals Industry Action Plan: Implications for PFAS regulation

Introduction

The European Chemicals Industry Action Plan¹ builds on the Competitiveness Compass², the Clean Industrial Deal³, and the Strategic Dialogue with the Chemical Industry held in May 2025⁴. It sets out concrete measures across four strategic pillars to secure the global competitiveness of the European chemicals industry and maintain a strong European production base:

1. enhancing industrial resilience,
2. securing clean and affordable energy,
3. fostering innovation and lead markets, and
4. simplifying the regulatory framework.

The Action Plan is accompanied by an Omnibus Legislative Proposal⁵ to streamline existing chemical regulations (e.g. labelling requirements), and a proposal for a self-standing regulation on the European Chemicals Agency⁶ (“ECHA”) to enhance its governance and strengthen its role in legislative processes, among other things.

PFAS restriction: Commission position takes shape

Of particular interest to many stakeholders is Section 5.4 of the Action Plan, which reflects the Commission’s position and perspectives on the Universal PFAS Restriction Proposal.

The proposal was submitted to ECHA in January 2023 by the national authorities of Germany, Denmark, the Netherlands, Norway and Sweden. It aims for a universal ban on all PFAS except in certain essential use cases. Following a public consultation, ECHA’s scientific committees, namely the Risk Assessment Committee (“RAC”) and the Committee for Socio-Economic Analysis (“SEAC”), are currently evaluating the proposal and the comments from the consultation. ECHA has received approximately 5,600 comments during the consultation phase.

In its Action Plan, the Commission now reaffirmed its commitment to strict PFAS regulation, while also providing guidance on potential derogations and complementary support measures for affected companies:

• Timeline: The scientific assessment by ECHA’s committees is expected to conclude in 2026. The Commission plans to present a formal legislative proposal shortly thereafter.
• Scope: The Commission considers a PFAS ban in consumer uses such as cosmetics, food contact materials, and outdoor clothing. Where no viable alternatives exist, the continued use of PFAS may be permitted for industrial applications in critical sectors, such as healthcare, defence or semiconductors. Derogations shall be subject to strict conditions, including emission reductions at all lifecycle stages to minimize the release of pollutants into the environment, and limited in time until suitable substitutes are found.
• Support for Industry Transition: The Commission will support industry efforts towards mitigation, remediation and the transition away from PFAS. This is part of a comprehensive strategy, combining regulation with other measures, such as targeted R&D investment, innovation support and enhanced coordination across EU institutions, Member States and expert networks.
• Monitoring: By Q4 2026, the Commission will introduce a new EU-wide PFAS monitoring framework to centralise information and promote alternative solutions.
• Stakeholder Engagement: A structured PFAS stakeholder dialogue will be launched by Q2 2026 to enable a holistic view of PFAS-related pollution challenges.

Outlook

With the Action Plan, the Commission sends a clear signal: Major changes to European PFAS regulation are just around the corner. While certain consumer-facing applications may face blanket bans, industries with strategic relevance may be subject to derogations. To benefit from the exemptions, companies will need to demonstrate both necessity and responsibility – including clear roadmaps for substitution and mitigation. Companies affected by the proposed restriction should start preparing now: by assessing use cases, closely monitoring legislative developments and documenting compliance efforts in anticipation of the regulatory shift.

Authored by Dr. Sebastian Gräler and Dr. Jan Singer.