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In an open letter, Hubert Aiwanger warns of the drastic consequences of an EU ban on PFAS substances. The Bavarian Minister of Economic Affairs fears that the chemical industry will die out.
Munich – The state governments of Bavaria and Baden-Württemberg are defending themselves with a letter to EU-President of the Commission Ursula von der Leyen against a planned PFAS ban by the European UnionAccording to the Bavarian Minister of Economic Affairs Hubert Aiwanger (Free Voters) and his Baden-Württemberg counterpart Nicole Hoffmeister-Kraut (CDU), such blanket EU chemical regulation would have “dramatic consequences” for the domestic chemical industry.
PFAS ban: Chemicals cannot be replaced
Restrictions on PFAS, known as the “forever chemical,” could lead to production being relocated outside of Europe, the ministers explained in their letter, which was discussed by the BusinessWeek first reported. This is due to the uniqueness of PFAS, which will not be able to be replaced in industrial use in the coming years due to their water, grease and dirt-repellent properties.
The abbreviation PFAS stands for per- and polyfluorinated alkyl substances, which are estimated to include a group of around 10,000 industrially produced substances. PFAS are used in numerous products such as cosmetics, cooking utensils and textiles. They are also an indispensable ingredient for the industry due to their unique properties in fast-food packaging, children’s products, surface protection, various wax products, paints and electronic devices.
EU ban on PFAS could hit chemical industry hard
In Bavaria and Baden-Württemberg, the chemical industry, which is affected by a possible PFAS ban, is one of the strongest industries in the economy – and a major employer for thousands of employees. In Bavaria, the chemical industry’s turnover in 2023 amounted to almost 23.5 billion euros and provided jobs for 65,121 people. In Baden-Württemberg, the industry is responsible for sales of 26.2 billion euros with 64,150 employees. Across Germany, the industry generated almost 225.5 billion euros in 2023 and employed around 480,000 people.
The effects of the substances are controversial in scientific discourse. Although the substances have been used by industry since 1940, not all PFAS substances have been fully researched. Aiwanger and Hoffmeister-Kraut refer to an assessment by the OECD, which rates the majority of fluoropolymers used in industry as being of little concern. According to this, around 96 percent of the substances that carry the PLC label (“polymers of low concern”) are harmless for the limited time use in industrial products.
Consumer advice centre advocates restriction of all perishable chemicals
The minimal negative impact on the environment has also been proven by various studies, which is why the ministers are warning against a general ban: “In our view, banning these harmless fluoropolymers across the board and then allowing the most important applications again through many individual exceptions is the wrong approach and leads to numerous problems in practice.”
Experts are critical of this argument: The consumer advice center, for example, advocates a restriction of the entire group of substances. In the past, targeted bans on proven harmful PFAS have led to them being replaced by as yet unexplored, unregulated and possibly even more harmful substances. Due to the rapid development, it is simply impossible for the authorities to monitor all substances on the market.
Safe? PFAS substances found in drinking water, food and even breast milk
According to the Federal Environment Ministry, many PFAS pose a real danger to the environment and health because they are not naturally degradable. In addition, such polymers, as fluorinated plastics – contrary to what the ministers’ letter claims – contribute significantly to environmental pollution during production and disposal.
Basically, PFAS has already been found in drinking water, animal and plant foods The Federal Institute for Risk Assessment also warns that outdoor and indoor air, house dust and breast milk are also contaminated with PFAS. According to various studies, the intake of PFAS in humans is associated with damage to the liver, Hormonesand immune system, metabolic disorders, reduced fertility and Krebs Due to the thermal stability of the materials, they have already been detected in remote areas such as Siberia. A research by NDR, WDR and South German Times showed last year that more places in Germany were contaminated by PFAS than previously thought.
Aiwanger and Hoffmeister-Kraut see von der Leyen as responsible: competitiveness threatened
Aiwanger and Hoffmeister-Kraut also voiced clear criticism of the EU’s bureaucratic approach, which would not present its first regulatory proposals until 2026 at the earliest: “This long period of uncertainty among companies threatens Europe’s independence in the supply of strategically important chemicals and its competitiveness.” In fact, the EU is not planning an immediate ban, but is working on a differentiated restriction. The current draft law also provides for very long transition periods of up to 13.5 years and exceptions for applications that are indispensable in industry.
Nevertheless, the ministers see the ban as a high risk that companies will move decide and the ability of the chemical industry in Germany to innovate is permanently endangered. Instead, the ministers argue that the EU should follow the PFAS regulations of the USA and Great Britain. This is the only way to ensure Europe’s competitiveness and “technological sovereignty”. Chemical diversity and chemical availability are also essential for Germany and Europe to be an attractive location. Therefore, they expect “signals as quickly as possible that this proposal is at least being considered,” the ministers conclude.
