EU Tightens Focus on PFAS and Plastic Pellet Loss Prevention
New development on PFAS
One of the most significant recent developments is the ban on PFAS in food packaging under the Packaging and Packaging Waste Regulation (PPWR), which took effect on August 12, 2026. To support enforcement, the European Commission has issued guidance outlining a stepwise testing approach that begins with total fluorine screening. If the total fluorine content is below 50 ppm, then targeted analyses for individual PFAS above 25 ppb is not required. Since the guidance is not binding, individual Member States may apply their own interpretations, creating the potential for differing enforcement approaches across the EU. In addition, blind reliance on the 50 ppm total fluorine limit is discouraged; some level of material due diligence is still warranted for likely presence of individual non-polymeric PFAS.
Meanwhile, the proposed EU-wide PFAS restriction under REACH continues to move forward. Following the conclusion of a second public consultation in May 2026, final RAC and SEAC opinions are expected before the end of the year, and the European Commission is already preparing a draft regulation. The Commission is driven by a pro-competitiveness approach and may consider giving unlimited derogations for industrial uses without alternatives. Although the final restriction is not anticipated until around 2030, businesses will have opportunities to engage in the regulatory process once the draft Regulation is published, likely in 2027.
At the national level, several countries are pursuing additional PFAS controls. Sweden recently proposed restrictions covering products such as clothing, footwear, cosmetics, kitchen utensils, and ski wax, with implementation targeted for 2028. Similar measures have already been adopted in France and Denmark, reflecting a broader European trend toward tighter PFAS regulation.
New Plastic Pellet Loss Prevention Regulation
The EU has adopted Regulation (EU) 2025/2365 on preventing plastic pellet losses to reduce microplastic pollution. The regulation, which will apply beginning December 17, 2027, establishes requirements for companies that handle, transport, ship, or clean containers used for plastic pellets within the EU.
Affected businesses will be required to implement a risk management plan designed to prevent pellet releases, train personnel, maintain records of losses, and notify relevant authorities. Operators handling more than 1,500 tonnes of plastic pellets annually will also need independent certification demonstrating compliance with the risk management plan. The regulation additionally introduces environmental labeling for certain plastic pellets regulated as synthetic polymer microparticles under REACH.
As these requirements take shape, companies across the plastics and packaging value chain are being encouraged to review compliance programs, strengthen supply chain communication, and prepare for increasing regulatory scrutiny surrounding PFAS and microplastic pollution in the European market.
Click here to view the recording of the most recent REACH 30/30 webinar, “Update on PFAS + New Regulation on Plastic Pellet Losses,” presented by Keller and Heckman Partner Ales Bartl, Ph.D.
For more information or to discuss how these developments may affect your business, please contact Ales Bartl at bartl@khlaw.com or +32 (0) 2 645 5085.
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