Polyfluoroalkyl substances (PFAS) are substances valued for their resistance and widely used throughout several industrial sectors, but also known for posing a significant threat to public health and the environment. As a strategic promoter for the limitation of the use of these substances, in January 2023, Germany participated in the submission to the European Chemicals Agency (ECHA) of a dossier demanding the implementation of heavy restrictions on manufacturing, selling and using around 10,000 substances belonging to this chemical group in the XVII annex of the REACH regulation. Despite initial institutional support, in Germany, the dossier triggered significant resistance, leading multiple industrial sectors and administrators to advocate for a partial revision of the proposal, which was introduced in August 2025. The final decisions on this proposal will have significant implications for the entire European industrial fabric.
Plans to propose a PFAS restriction to the European Chemicals Agency (ECHA) date back to 2021, even driving the Social Democratic Party (Sozialdemokratische Partei - SPD) to include this ban in its electoral program. The SPD managed to secure the governing majority through the Traffic Light Coalition (Ampel-Koalition), which led to the formation of the Scholz Chancellery. The final dossier that was ultimately sent to ECHA recommended two potential Restricted Options (RO): an immediate total PFAS ban or a ban with temporary derogations. This drew the concerns from the German industrial and chemical sectors, voiced by the Federal Association of German Industries (Bundesverband der Deutschen Industrien - BDI), the Association of the Chemical Industries (Verband der Chemischen Industrien e V. - VCI) and SPECTARIS. These associations, in addition to several independent companies such as Bayer and BASF, firmly warned against the dangers of a blanket ban on the entirety of the PFAS substances class, and quickly commenced to exert pressure at both the EU and national levels, advocating for exceptions to the restrictions and seeking to weaken the ban proposal.
Despite the resistance from a few high-ranking officials, the Federal Government adopted a more conciliatory position during a summit with the major players of the German chemical industry at the end of September 2023. This stance permanently shaped the policy line supported by both Scholz and Merz throughout their respective mandates. This choice was also endorsed by the economy ministers of the German Federal States (Bundesländer), who repeatedly voiced their criticism regarding the ban during their joint conferences. Driven by the progress made in ECHA’S evaluation process and a downturn in revenues, 500 German companies co-signed a letter to Chancellor Scholz in July 2024, highlighting the potential socio-economic consequences of a total ban. Following this appeal, Chancellor Scholz publicly sided with the industrial sector once again, advocating a pragmatic approach that would not hinder Germany’s industrial development and emphasising the need for research to find alternatives.
One of the most persistent demands from the chemical industry is the exemption of fluoropolymers from the universal PFAS ban. These polymers are used by the power and chemical industry due to their properties that render them resistant to corrosion and leakages, and are widely used, making up for 24 to 40% of the total PFAS in the EU market. These substances had allegedly been classified by the Organisation for Economic Co-operation and Development (OECD) as of ‘low concern’. However, an official confirmation has never been issued by the OECD, and their presumed safety remains open to debate. Despite lacking science-based evidence of their safety, countless chemical companies have openly supported the deregulation of fluoropolymers, successfully influencing several European politicians to endorse this position. In Germany, these were notably supported by Hubert Aiwanger, the Bavarian Prime Minister and Robert Habeck, the previous German Vice Chancellor and Minister of Economic Affairs and Climate Action, among other high-ranking officials.
Since the publication of Friedrich Merz’s electoral program, the continuity between him and his predecessor has been evident, reiterating the rejection of a total ban, whether before the European Parliament or the Federal Diet (Bundestag). Merz's employment history, most notably his numerous board mandates, also adds to his government's position. The current chancellor began his career as a consultant to the VCI and had a decade-long history as a member of the Board of Directors of BASF Antwerpen, whose interests he also defended in court as an attorney at Mayer Brown LLP. This, coupled with several other ties between members of the current cabinet and various interest groups, has sparked debate about potential interference and conflicts of interest in the German political scene.
This considerable pressure resulted in the submission of 5,600 comments by countless stakeholders to ECHA. Their evaluation subsequently led to an update of the initial proposal in late August 2025, introducing a third RO. This option sets strict emission limits and additional control systems for PFAS used in the following sectors: PFAS manufacturing, transport, electronics and semiconductors, energy, sealing applications, machinery applications and technical textiles. While welcoming the new decision to introduce partial derogations, the industrial sectors were not yet satisfied. Shortly after the announcement of the new proposal, the BDI underscored, once again, the need for more flexible review mechanisms, while reiterating its past positions. Currently, the updated proposal is being revised by the Committee for Socio-economic Analysis (SEAC), which will meet from 10 to 13 March 2026, with the aim of reaching an agreement. It will then be followed by a period of 60 days, during which stakeholders are called to provide feedback. The Committee will then review the received comments and issue its final opinion in late 2026.
The European Union has consistently signalled its commitment to tightening the PFAS regulation, as evidenced by the ban on their use in fire extinguisher foams and the new restriction rules regarding undecafluorohexanoic acid (PFHxA). A total ban on PFAS would have an unprecedented socio-economic impact, exceeding any previous regulations. Although the framework for its adoption is currently developed, the ‘German case’ highlights how industrial interest groups engage with decision-makers, shaping their final position. This engagement could further modify the proposal’s scope by introducing new sets of derogations.
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