Abfallwirtschaft | Haslinger / Nagele, Illustration: Karlheinz Wasserbacher

Forever chemicals (PFAS): here to stay

Authors: Johannes Hartlieb and Alexander Gimona

The substances commonly referred to in the media as “forever chemicals” – per- and polyfluoroalkyl substances (PFAS) – are a group of synthetic chemicals that are contained in numerous everyday and industrial products due to their water-, grease- and stain-resistant properties. The downside: They hardly degrade, accumulate in the environment and human body, and are considered potentially harmful to health.

European lawmakers are now focusing on PFAS in their regulatory efforts, planning to shift from the current approach of banning individual substances to a general ban on all chemicals. This article aims to provide an overview of the current legal framework in the EU and Austria and highlights recent developments.

Existing EU regulations: what currently applies

REACH Regulation (EC) No. 1907/2006
Several PFAS, such as PFOA, PFOS, and PFHxS, are classified as substances of very high concern (SVHC). Their use is heavily restricted by Annex XVII of the regulation.

POP Regulation (EU) 2019/1021
This regulation on persistent organic pollutants (POPs) implements the Stockholm Convention and largely bans PFOS and PFOA, among others.

Drinking Water Directive (EU) 2020/2184
As of January 2026, binding PFAS limits in drinking water will apply across the EU for the first time: 0.1 µg/l for individual substances, 0.5 µg/l for the total of all PFAS.

Food law (Regulation (EU) 2023/915)
Since the beginning of 2023, product-specific limits have applied for selected PFAS in fish, eggs and meat, e.g. 2 µg/kg for PFOS in fish.

Food contact materials (Regulation (EC) No. 1935/2004)
This regulation covers materials such as packaging and cookware that come into direct contact with food. PFAS-containing substances are increasingly the focus of regulatory authorities.

Planned EU measures: a general PFAS ban?

The existing regulation thus restricts the use of certain chemicals that are considered to be particularly harmful. Restrictions on selected PFAS are constantly being worked on. As a rule, PFAS are therefore permitted, with bans applying only in exceptional cases.

This approach is now to be reversed to a general PFAS ban with PFAS use permitted by way of exception. In 2023, Germany, the Netherlands, Denmark, Norway, and Sweden have submitted a joint proposal to amend the REACH Regulation, which envisages an almost complete ban on PFAS in consumer products. Only essential industrial applications would be permitted under specific conditions. A final decision by the EU Commission is expected this year or next. The initiative is considered one of the most far-reaching chemical regulations in the history of the EU.

In addition, a specific restriction on perfluorohexanoic acid (PFHxA) was already adopted in September 2024. Its use in textiles, cosmetics, and packaging will be prohibited in the future.

Austria: between implementation and catching up

In September 2024, the Federal Ministry for Climate Action published an action plan to reduce PFAS contamination. It includes, among other things, the following measures:

Increased information exchange and coordination
Measures to prevent new contamination
Remediation of existing contaminated sites
Establishment of an interdisciplinary PFAS platform involving AGES, BML, BMK and BMSGPK
Evaluation after four years

Drinking water: monitoring and implementation

Between 2021 and 2024, 1,240 drinking water samples were tested in Austria for 20 different PFAS. 0.5% of the samples exceeded the future EU limit of 0.1 µg/l. Austria is currently lagging behind in implementing the EU Drinking Water Directive at national level.

Food: residues and targeted monitoring campaigns

A total of 278 food samples were analyzed in 2023 and 2024. PFOS was detected most frequently, with peak levels reaching up to 23 µg/kg in ostrich eggs. PFOA, PFNA, and occasionally PFHxS were also found – particularly in fish, eggs, and wild boar meat. Exceeding the limit values is rare, but the contamination remains relevant at certain points

Outlook: compliance, responsibility, and future perspectives

The regulation of PFAS is advancing rapidly – at both EU and national level. The comprehensive REACH restriction proposal is probably the most far-reaching chemicals regulation in the EU. Companies are required to check their supply chains and products for PFAS. Authorities, in turn, must further expand their monitoring.

Whether from a consumer protection, environmental, or compliance perspective: PFAS are here to stay – also on the radar of policymakers, industry, and the public.

Special mention should be made of the first “Austrian PFAS Day” hosted by the ÖWAV (Austrian Water and Waste Management Association), which aims to shed light on current findings, challenges, and open questions surrounding PFAS in water and waste management. Leading national and international experts will discuss the impacts of these “forever chemicals” and possible solutions.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.