What Remains of the REACH Revision? Key Developments in PFAS and EU Chemicals Policy

Introduction

The European Union’s REACH framework (Registration, Evaluation, Authorisation and Restriction of Chemicals) has long been the cornerstone of global chemicals regulation. However, expectations for a sweeping reform have significantly diminished. Instead, the EU is moving toward a more targeted, pragmatic approach focused on specific substances, enhanced enforcement, and sector-specific legislation.

At the center of these developments are PFAS (per- and polyfluoroalkyl substances) and a scaled-back REACH revision that still carries meaningful implications for industry.

PFAS: A Regulatory Priority with Long Timelines State of Play

Momentum around PFAS restrictions continues to build. The second public consultation closed on May 25, 2026, attracting over 3,500 submissions from stakeholders – lower than expected but still substantial.

Key milestones include:

• Publication of a summary of stakeholder feedback
• Final opinions from the Risk Assessment Committee (RAC) and Socio-Economic Analysis Committee (SEAC) before the end of 2026
• A draft regulation potentially as early as Q1 2027

Even with this progress, the timeline remains lengthy:

• Committee discussions could last at least two years
• Final adoption may occur around 2029, followed by an 18-month transition period

Policy Challenges
The European Commission faces several complex decisions:

• Evaluating eight additional sectors not fully covered in prior assessments
• Determining whether to allow indefinite derogations for certain uses
• Balancing environmental goals with industrial competitiveness

Although the Commission has indicated a preference for targeting consumer uses, defining what constitutes a “consumer use” remains contentious in practice.

PFAS in Packaging: New Rules and Testing Frameworks

A major near-term development is the PFAS ban in food packaging under the Packaging and Packaging Waste Regulation (PPWR), effective August 12, 2026.

Stepwise Compliance Approach
The current guidance outlines a three-tier testing system:

1. Total Fluorine (TF) Screening – below 50 mg/kg considered compliant
2. Confirmatory Testing – distinguishes organic (PFAS) from inorganic fluorine
3. Advanced Analysis (TOP assay) – verifies compliance with strict concentration limits

Notably, available evidence suggests that materials passing the first step also meet subsequent requirements.

Emerging Changes
The regulatory approach may soon tighten:

• France has raised concerns about the current system
• A proposed update would require targeted PFAS testing when TF levels fall between 10–50 ppm

This signals a shift toward more stringent enforcement and lower detection thresholds.

REACH Revision: From Ambition to Incremental Change

No Comprehensive Reform
The originally anticipated “big” REACH revision is no longer on the table. Instead, the Commission is considering limited amendments via implementing acts.

This means several major proposals have been dropped:

• No new REACH registration requirements (including for polymers)
• No mixture assessment factor
• No broad generic restrictions without legislative change

Shift Toward Alternative Regulatory Tools

Rather than overhauling REACH, the EU is increasingly relying on complementary mechanisms.

Targeted Restrictions and Sectoral Rules

• Use of existing legal provisions (e.g., Article 68(2)) to restrict hazardous substances like CMRs in specific applications
• Increased reliance on product-specific regulations (e.g., toys, eco-design frameworks)

Expanding Role of CLP Regulation
The Classification, Labelling and Packaging (CLP) regulation is playing a growing role:

• Addressing endocrine disruptors (EDs) and persistent substances
• Potentially incorporating substances already identified in other regulatory frameworks

Grouping Strategy: Efficiency with Risks

Grouping substances remains a key regulatory trend, allowing authorities to regulate entire chemical families rather than individual compounds.

Examples include:

• PFAS
• Bisphenols and phthalates
• Endocrine disruptors and persistent substances

However, this approach raises concerns:

• Increased regulatory burden for industry
• Potential legal challenges, particularly regarding the PFAS restriction

Additional Policy Developments

Limited New Data Requirements
Only endocrine disruption endpoints remain under consideration for future data requirements, with limited urgency.

Narrower Use of Authorisation
REACH authorisation is likely to be reserved for substances with very specific, limited uses.

Reform of Risk Management Processes
The Commission is considering making Risk Management Option Analysis (RMOA) mandatory and binding before regulatory action:

• Encouraging the use of non-REACH tools (e.g., workplace safety, product regulations)
• Creating a more structured decision-making process

Enforcement: A Central Focus Going Forward

One of the most significant shifts is the increased emphasis on enforcement.

Key Challenges

• Large volumes of non-compliant products, particularly imports
• Uneven enforcement across Member States
• Resource constraints among authorities

Proposed Solutions

• Stronger customs controls
• Expanded auditing powers for the Commission
• Increased scrutiny of imported goods to ensure a level playing field

Conclusion

While the anticipated sweeping REACH reform has not materialized, the EU’s chemicals policy is far from static. Instead, it is evolving through a combination of targeted restrictions, sector-specific legislation, and enhanced enforcement.

PFAS regulation remains the most prominent development, with far-reaching implications across industries. At the same time, the shift toward alternative regulatory pathways and grouping strategies signals a more flexible, but also more complex, compliance landscape.

For businesses operating in the EU, the takeaway is clear: regulatory change is ongoing, multifaceted, and increasingly enforcement-driven. Staying ahead will require not only compliance, but strategic anticipation of where policy is heading next.

Click here to view the recording of the most recent REACH 30/30 webinar covering what remains of the REACH revision, presented by Keller and Heckman LLP 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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