Legal | Tax | Compliance
Legal | Tax | Compliance
Between substance restrictions and the circular economy: PFAS are changing the way we manage materials, recycled materials and supply chains.
Focus on substance data, recyclability and supply chains
Per- and polyfluoroalkyl substances (PFAS) are not merely a matter of substance regulation. They influence the choice of materials, recyclability, spare parts, waste treatment and the economic viability of recycled materials.
PFAS is therefore a cross-cutting theme in this mini-series. The overall regulatory framework is outlined in the overview article «The circular economy becomes binding product legislation». The article «The Digital Product Passport and ESPR are transforming product management» explores the requirements for product data and the Digital Product Passport in greater depth.
I. The EU legal situation
The proposal for a comprehensive restriction on PFAS under the REACH Regulation (Registration, Evaluation, Authorisation of Chemicals; REACH) is still going through the legislative process. The Committee for Risk Assessment (RAC) adopted its opinion on 2 March 2026. The Committee for Socio-Economic Analysis (SEAC) submitted a draft on 10 March 2026. The final SEAC opinion is expected by the end of 2026. Only then can the Commission submit a restriction text to the REACH committee procedure.
There is therefore as yet no comprehensive EU ban on all PFAS. Discussions are focusing on a broad approach to restrictions, transition periods and exemptions that are either time-limited or subject to emission controls. For applications that are to continue, measures under consideration include supply chain information, labelling, PFAS management plans and emission controls.
II. Existing PFAS requirements for packaging
Irrespective of the REACH procedure, from 12 August 2026, food contact packaging containing PFAS in concentrations exceeding the limit values set out in Article 5(5) of the PPWR may no longer be made available on the EU market.
III. Conflict with the circular economy
PFAS can be present in material streams throughout several recycling cycles. Mechanical recycling does not, in principle, destroy PFAS. PFAS may remain in plastic, paper, textiles and metal streams, or be released during processing. The identification and separate treatment of materials containing PFAS therefore becomes a prerequisite for high-quality secondary raw materials.
Conversely, broad restrictions may impair repair and product lifespan if PFAS-containing seals, cables, electronic components or spare parts are no longer available. Solutions for spare parts, reuse and certain recycled materials are therefore also being discussed as part of the restriction process. The final form of these measures remains to be determined.
For packaging, there is a direct link to the PPWR. The article «The PPWR is already changing packaging today» explains the substance limits for food-contact packaging as well as the further requirements regarding design, recyclability and producer responsibility. Where components containing PFAS are relevant for repairs or spare parts, the article «Repair is becoming part of the business model» should also be taken into account.
IV. Implications for Swiss companies
For exports to the EU, the decisive factor is whether a product is made available on the EU market. The manufacturer’s place of business is not a determining factor. Swiss companies should therefore:
«Circular Economy» mini-series
Find out more about the individual regulations relating to the circular economy in our mini-series. The other articles in the mini-series cover the following topics:
The articles should be read as a coherent implementation chain: material and product data form the basis for compliance and repair; packaging and circularity strategies determine the operational framework; and robust evidence sets limits on permissible communication.
