Published on
PFAS compliance in the EU is not one general ban. As a Dutch lawyer at MAAK Advocaten N.V. in Amsterdam, I explain what to check when a Dutch customer asks for a PFAS declaration. No rule in force prohibits all PFAS: the POP Regulation and Annex XVII to REACH restrict specific substances, and a broad restriction is a proposal (as of the sources read, 12 November 2026).
This article is part of our overview of EU sustainability regulations for products and of EU product law. For PFAS in packaging, see our PPWR FAQ.
Is there a general PFAS ban in the EU?
EU law has no general PFAS ban; it prohibits or restricts PFAS substance by substance. The POP Regulation bans PFOS, PFOA and PFHxS (Article 3(1)); Annex XVII to REACH restricts C9-C14 PFCAs (entry 68), PFHxA (entry 79) and PFAS in firefighting foams (entry 82).
| Rule | Substances | What is covered | Applies from |
|---|---|---|---|
| POP Regulation, Art. 3(1), Annex I | PFOS, PFOA, PFHxS, with their salts and related compounds | manufacture, placing on the market and use, on their own, in mixtures or in articles | directly applicable (Article 22) |
| REACH Annex XVII, entry 68 | C9-C14 PFCAs, their salts and related substances | use in, and placing on the market in, substances, mixtures or articles above the limit | 25 February 2023 |
| REACH Annex XVII, entry 79 | PFHxA, its salts and PFHxA-related substances | textiles, leather, furs and hides in clothing, and footwear, for the general public; food-contact paper and cardboard; mixtures for the general public; cosmetics; certain firefighting foams | 10 April 2026 (training and public fire service foams); 10 October 2026 (paragraph 1 uses); 10 October 2027 (other textiles, leather, furs and hides for the general public); 10 October 2029 (aviation foams) |
| REACH Annex XVII, entry 82 | PFAS as defined for this entry (any substance with at least one fully fluorinated methyl or methylene carbon atom) | firefighting foams, from 1 mg/L for the sum of all PFAS | 23 October 2030 (paragraph 1), with derogations in paragraphs 4 to 6; use and labelling rules from 23 October 2026 |
Entry 68 comes from Regulation (EU) 2021/1297, entry 79 from Regulation (EU) 2024/2462 and entry 82 from Regulation (EU) 2025/1988. The POP Regulation is Regulation (EU) 2019/1021 on persistent organic pollutants. The limits are low: entry 79(1), for instance, sets 25 ppb for PFHxA and its salts and 1,000 ppb for PFHxA-related substances, measured in homogeneous material.
PFHxS (POP) is not PFHxA (entry 79), and each entry has its own exceptions. The POP prohibition does not apply to unintentional trace contamination up to the limit in the entry (Article 4(1)(b)) or to articles already in use before the rules applied (Article 4(2)).
Who is responsible for PFAS limits when you export to the Netherlands?
Everyone who manufactures, places on the market or uses the substance, mixture or article. Neither Article 3 of the POP Regulation nor Article 67(1) REACH names a producer, and import counts as placing on the market (Article 3 point 12 REACH).
A manufacturer outside the EU is not an importer under REACH, because only a company established in the Community is (Article 3 point 11). Where goods are brought into the EU, the party that imports places them on the market. Who that is in your chain depends on how the goods are delivered. Who bears the risk between you and your importer depends on your contract.
What businesses outside the EU often get wrong is the assumption that a US or Asian “PFAS compliance” rule is enough in the EU. The European prohibition addresses everyone who manufactures, places on the market (import counts) or uses, and the Dutch importer or customer is usually the one who places on the market. My advice: decide before the first shipment who that is, and record what you declare to that importer in your contract with that importer.
What do you do when your Dutch customer asks for a PFAS declaration?
First check what the request is based on. Neither the POP Regulation nor Annex XVII requires a supplier declaration; they prohibit the act itself (Article 3(1) POP; Article 67(1) REACH).
For firefighting foams entry 82 requires a warning label, which is a different matter. A declaration is a contractual way to allocate the risk.
As a Dutch lawyer at MAAK Advocaten, this is the question companies bring to me: “Our customer wants a PFAS declaration from us, what do we sign?” Usually it comes from a customer or an inspector, at the moment a batch or a delivery contract is already on the table. My first step is not the laboratory but mapping the chain: who supplies which component or material, which declaration or specification you already hold from whom, and who places on the market. That takes an hour, and afterwards you know where the risk sits and which question to put to your own supplier.
The agreement with your supplier that makes the most difference covers four points: that it informs you about the composition, that it tells you at once when the composition changes, within what period, and who bears the cost of a rejected batch or a recall. A guarantee that the product is “PFAS-free” is quickly signed by a supplier but is rarely worth much in a dispute. A working agreement on information, notice and cost, with the guarantee limited to what the supplier can know, keeps the relationship workable and gives you what you need.
Important: Your Dutch customer asks you to sign a PFAS guarantee or indemnity (vrijwaring) that goes further than your own supplier can know. You may then carry the risk of a batch that falls under Article 3 POP or Article 67(1) REACH. Have a Dutch product law lawyer review the wording before you sign.
What do you do when a Dutch authority asks about your product?
Read what is asked and by whom before you respond. In the Netherlands, acting in breach of Article 67(1) REACH is prohibited under Article 9.3.3(1) of the Environmental Management Act (Wet milieubeheer, Wm).
For the POP Regulation, the Dutch ministerial implementing regulation (Uitvoeringsregeling POP) prohibits acting in breach of Article 3(1) and (2) (Article 4(1)) and names the Minister of Infrastructure and Water Management as competent authority (Article 3). Administrative enforcement is a statutory task (Article 18.2b Wm). For chemical substances in consumer products the NVWA (Nederlandse Voedsel- en Warenautoriteit) applies an intervention policy with corrective interventions and punitive sanctions. Depending on the product, the NVWA or the ILT (Inspectie Leefomgeving en Transport) can be involved.
Has your Dutch customer or an authority asked about PFAS in your goods? We can map who answers for what and record it in your Dutch contracts before the next shipment: contact our product law partner in the Netherlands.
First I read calmly what exactly is asked, by whom, and which batch and product it concerns. Then we collect the documents: your supplier’s declaration, the specification, the delivery dates and your agreements with the customer. I respond for the company with the documents that exist and say what we are still investigating. A late, incomplete response often costs more than an honest response with a clear plan. If a measure is announced, we prepare the written view (zienswijze) together.
Important: A Dutch inspector asks your importer about a batch or for a supplier declaration. Administrative enforcement is a statutory task (Article 18.2b Wm), so the answer is not a formality. Have a Dutch product law lawyer review the response first.
What can you do with PFHxA stock placed on the market before the restriction dates?
Entry 79(7) provides that paragraph 1 does not apply to articles and mixtures placed on the market before 10 October 2026. Placing on the market means supplying to a third party (Article 3 point 12 REACH).
Articles placed on the market before 10 October 2027 are likewise outside paragraph 2 (entry 79(8)). Other substances have other dates, so the PFHxA date does not carry over. Which batches qualify depends on your delivery documents: when the goods went to a third party, and under which contract.
First establish which batches were delivered to whom and when; your records show that. For PFHxA, articles and mixtures placed on the market before 10 October 2026 fall outside paragraph 1 (entry 79(7)). Then decide per batch whether to leave it, sell it or take it back. I would not write “old stock” into a contract without a date and a batch. Establishing per batch what was delivered before the date, and tackling only the rest, avoids writing off sound stock and gives you a file if an authority asks.
Important: Your customer wants a clause that exempts all “old stock”, or you plan to sell goods delivered before 10 October 2026. What counts as placed on the market before that date decides whether entry 79(1) applies (entry 79(7)). Have a Dutch product law lawyer check the clause before you rely on the date.
Where does the broad PFAS restriction stand?
It is a proposal, not law. Five national authorities submitted a restriction dossier for all PFAS to the European Chemicals Agency (ECHA) in January 2023 (Commission Communication COM(2025) 530); according to the latest sources we read (July 2026), the Commission had not proposed a restriction.
The authorities were Denmark, Germany, the Netherlands, Sweden and Norway. The Communication of 8 July 2025 says ECHA’s committees were due to conclude their assessment in 2026, after which the Commission would present a proposal. A staff working document of 16 July 2026 expects a legislative proposal in 2026-2027 (SWD(2026) 400). As of the sources read (12 November 2026), we found no Commission proposal and no adopted act.
Until a restriction enters Annex XVII through the procedure of Articles 69 to 73 REACH, the substance-by-substance rules above apply. We make no statement on the content, scope or date of a future decision.
What can you check yourself, and where do you need an adviser?
Collecting material data, checking specifications and testing against the limits are technical tasks for your quality, purchasing and regulatory teams. A lawyer comes in once it is about risk, contract or an authority.
Requesting material data, going through specifications and having products tested is work you do with your quality department, your purchasing team or a test lab. You need a lawyer once it concerns risk, contract or an authority: your customer asks for a guarantee or indemnity, an inspector asks questions, your supplier refuses a declaration, or you want to know what you may do with stock from before the date. Do not wait until there is a letter.
REACH registration is a separate topic; see also chemical laws in the Netherlands and selling products in the EU.
When do you need a Dutch lawyer for PFAS compliance?
When a customer asks for a guarantee or indemnity, an authority asks questions, or your supplier refuses a declaration. Those moments decide who carries the risk under Article 3 POP and Article 67(1) REACH; have a Dutch product law lawyer review them.
| Your situation | What is at stake | Why a lawyer, not only a consultant or lab | What we do in the first days |
|---|---|---|---|
| Your Dutch importer or customer asks for a PFAS declaration or indemnity | Placing on the market or use in breach of Art. 3 POP or Art. 67(1) REACH; import counts as placing on the market (Art. 3 point 12) | A lab tells you what is in the product; the lawyer decides what you sign and how risk is allocated | Review the declaration and indemnity, propose a risk allocation, align it with your own supplier terms |
| A Dutch authority’s enquiry reaches your importer | Administrative enforcement (Art. 18.2b Wm; Art. 9.3.3(1) Wm; Art. 4(1) Uitvoeringsregeling POP) | A response to a Dutch authority is legal work | Assess the documents, contact the authority, prepare a response or an objection |
| Stock shipped before the dates in entry 79 | Entry 79(7) (articles and mixtures) and (8) (articles): placed on the market before the date | When goods count as placed on the market decides what may still be sold | Establish what was delivered when and what may stay on the market |
Example: a footwear maker and a Dutch importer
A manufacturer outside the EU ships footwear for the general public to an importer in Rotterdam in November 2026. The importer’s retail customer wants confirmation of compliance with entry 79, and an indemnity.
Entry 79(1)(b) covers such footwear from 10 October 2026. Pairs brought in before that date fall outside paragraph 1 (entry 79(7)); later pairs do not. The parties establish which pairs came in when, what the manufacturer declares and how risk is allocated, and record it in the contract.
This is a hypothetical example for illustration, not a description of an actual case.
How do we work on PFAS compliance matters?
At MAAK Advocaten we act for manufacturers outside the EU and their Dutch importers and distributors: contracts under Dutch law, contact with Dutch authorities, and objection and appeal against Dutch administrative decisions. In the first days we review the contract and documents and prepare a response. Testing and material data stay with your regulatory team.
Frequently asked questions about PFAS compliance in the EU
Is there an EU-wide ban on all PFAS?
EU law has no ban on all PFAS. The POP Regulation prohibits PFOS, PFOA and PFHxS (Article 3(1)), and Annex XVII to REACH restricts C9-C14 PFCAs, PFHxA and PFAS in firefighting foams (entries 68, 79 and 82). According to the latest sources we read (July 2026), a broad restriction for all PFAS is still a proposal.
Since when does the PFHxA restriction apply?
Entry 79 of Annex XVII to REACH applies in stages: from 10 April 2026 to certain firefighting foams, from 10 October 2026 to uses such as footwear and clothing for the general public, mixtures for the general public and cosmetics, and from 10 October 2027 to other textiles, leather, furs and hides for the general public. Articles and mixtures placed on the market before 10 October 2026 fall outside paragraph 1 (entry 79(7)).
Who is responsible for PFAS limits when I export to the Netherlands?
Everyone who manufactures, places on the market or uses the substance, mixture or article (Article 3(1) POP; Article 67(1) REACH). Import counts as placing on the market, and a company outside the EU is not an importer under REACH (Article 3 points 11 and 12). Who bears the risk between you and your importer depends on who imports and on your contract.
Who enforces the PFAS rules in the Netherlands?
The Minister of Infrastructure and Water Management is the competent authority for the POP Regulation (Article 3 of the Dutch Uitvoeringsregeling POP), and administrative enforcement is a statutory task under Article 18.2b Wm. For consumer products the NVWA applies an intervention policy; depending on the product, the NVWA or the ILT can be involved.
When should a manufacturer outside the EU call a Dutch lawyer about PFAS?
When a Dutch importer or customer asks for a guarantee or indemnity, when an authority asks about composition or a declaration, when your supplier refuses a declaration, or when you want to rely on a date for stock. A Dutch product law lawyer reviews your role, the contract and the response before you answer.
Primary sources
- Regulation (EU) 2019/1021 (POP Regulation), consolidated version of 30 September 2026 (non-binding consolidation): Articles 1, 3, 4 and Annex I
- Regulation (EC) No 1907/2006 (REACH), consolidated version of 11 May 2026 (non-binding consolidation): Articles 3, 67 to 73 and Annex XVII entries 68, 79 and 82
- Regulation (EU) 2021/1297 (entry 68), Regulation (EU) 2024/2462 (entry 79) and Regulation (EU) 2025/1988 (entry 82), amending Annex XVII to REACH
- Communication COM(2025) 530 (European Action Plan for the chemical industry) and SWD(2026) 400
- Wet milieubeheer, Articles 9.3.3 and 18.2b
- Uitvoeringsregeling EU-verordening persistente organische verontreinigende stoffen (Dutch ministerial regulation), Articles 3 and 4
- Specifiek interventiebeleid chemische stoffen in consumentenproducten (NVWA, IB03-SPEC 51)
Do you export goods into the EU, and has a Dutch customer or authority asked about PFAS? Put your situation to me through the page of our product law partner in the Netherlands, ideally with the customer’s request and your supplier declarations. — Martin Krüger
