欧盟PFAS限制：公司影响结果的关键窗口

EU – March 2026 Within this framework, stakeholders may, for example,seekto challenge or refine SEAC’s assessment of costs andimpacts, providenew technical or economic evidence(including as regards substitution constraints or timelines), orsupport the case for derogations, transitional periods, ordifferentiated regulatory treatment. The proposedEU-wide restriction on per- andpolyfluoroalkyl substances (PFAS)is now entering adecisive phase for companies across multiple sectors. Indeed, following several years of scientific assessment,the process is moving towards its final stages, which areexpected to result in an amendment to Annex XVII of theRegistration, Evaluation, Authorisation, and Restriction ofChemicals (REACH) Regulation and the introduction offar-reaching restrictions on the manufacture, placing on themarket and use of PFAS in the EU. The consultation will run for a period of60 days from itslaunch(expected in March or April 2026). Extensions arenot typically granted, and late submissions are generally nottaken into account. Time will therefore be of the essence,and companies should get ready to comment within a tighttimeframe. On 3 March 2026, the European Chemicals Agency’s (ECHA)Committee for Risk Assessment (RAC)adopted itsopinionon the proposed restriction. The RAC opinion,which has notyet been made public, is expected to be published in thecoming weeks. Shortly thereafter,on 11 March 2026, ECHA’sCommittee for Socioeconomic Analysis (SEAC)agreed itsdraft opinion, which should become available in the comingdays. Strategic Importance of Participation Participation in the SEAC consultation is of critical importance.SEAC is required to take into account relevant informationsubmitted during the consultation before finalising its opinion. The final SEAC opinion, together with theRAC opinion, will form the basis of theconsolidated ECHA opinion transmitted tothe European Commission. TheSEAC draft opinion will be subject to a 60-day publicconsultation. Unlike the RAC opinion, the forthcoming publicconsultation on the draft opinion of SEAC represents a criticaland time-limited opportunity for companies to engage withthe process and ensure that their specific uses, applicationsand sectoral constraints are properly reflected before theregulatory framework is finalised. At subsequent stages of the process, including thecommission’s preparation of a draft measure and discussionswithin the REACH Committee under the comitologyprocedure,opportunities for stakeholders to influence thesubstance of the restriction are more limitedand are notconducted through an open, public consultation process. In practice, this consultation represents thelast formalopportunity for companies to influence the substanceof the proposed restrictionbefore the file moves into theEuropean Commission for decision-taking. In practical terms, the SEAC consultation therefore representsthe last formal stage at which stakeholders can introduce newevidence and substantively shape the regulatory outcome. Public Consultation on SEAC Draft Opinion The consultation will be open to all interested stakeholders,and submissions must be made through ECHA’s onlineplatform. There are no formal standing requirements. Inpractice, however, submissions tend to carry greater weightwhere they are supported by robust evidence and clearlyaddress sector-specific uses and impacts. Indicative Timeline The RAC opinion and the SEAC draft opinion are anticipatedto be published in March-April 2026, after which a 60-dayconsultation on the SEAC draft opinion is expected to belaunched. The consultation will focus on SEAC’s draft opinion, whichaddresses, in particular: Following the consultation, SEAC is expected to finalise andadopt its opinion by the end of 2026, taking into account thesubmissions received.The combined ECHA opinion wouldthen be transmitted to the European Commission later in2026. •Thesocioeconomic impactsof the proposed restriction•The availability and technical and economic feasibility ofalternatives•The overallcost-benefit balanceof the regulatory optionsunder consideration On that basis,the commission is expected, in early 2027, toconsider the preparation of a draft amendment to AnnexXVII of the REACH Regulation. The draft measure wouldthen proceed through the comitology procedure, includingconsultation of Member States in the REACH Committee, aWorld Trade Organization notification, and a scrutiny period bythe European Parliament and the council, ultimately leading tothe adoption and publication of the restriction. Importantly, the consultationdoes not constitute a generalreopening of the restriction proposal. Rather, it is limited tocomments on SEAC’s preliminary conclusions. How We Can Assist Contacts We are uniquely positioned to assist stakeholders at thiscritical juncture. We are Europe’s largest chemicals law firm,and combine deep regulatory and advocacy experience acrosssectors impacted by PFAS regulation. Thomas Delill