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Investigations by European NGOs and newspapers point to a concerted industry campaign to limit incoming EU restrictions on PFAS, toxic substances dubbed ‘forever chemicals’ because they can persist for centuries in the environment. The European Commission denies it is being unduly influenced.
Environmental groups have launched a broadside at the chemicals industry, accusing lobbyists of a massive campaign to block planned restrictions on per- and polyfluoroalkyl substances (PFAS) after a pan-European investigation by collaborative investigation.PFAS, first produced in the 1940s, are used in a wide variety of products and industrial processes, from non-stick pans to semiconductor manufacturing, due to their stability, low friction and ability to repel water and fats. They have been linked to liver disease, hormonal disruption and cancer, among other diseases.Now – two years and a day since Denmark, Germany, the Netherlands, Norway and Sweden submitted a proposal for a blanket restriction of the substances with the European Chemicals Agency (ECHA) – the Forever Pollution Project led by newspapers such as France’s Le Monde and the Süddeutsche Zeitung in Germany has published the finding of an investigation exposing intense lobbying of EU officials and a vigorous PR campaign.The five countries called for a blanket ban because the prevailing EU system of tackling chemical substances one by one meant that any of the handful of PFAS already banned could simply be replaced by another from the family of thousands of compounds.ECHA’s risk assessment and socioeconomic committees are currently preparing their opinions on the proposals.Pan-European probeTuesday (14 January) saw the findings of a year-long investigation by 46 journalists in 16 countries who analysed the lobbying tactics employed by the PFAS industry and allied organisations since the proposal was made. These centred around claims that there were no viable alternatives, and that a ban would destroy Europe’s industrial competitiveness and lead to the loss of millions of jobs.The findings of the investigation, published alongside a huge trove of documents obtained through freedom of information requests, prompted harsh criticism of the EU executive from environmental and health advocates.“This investigation reveals the astonishing lengths to which lobbyists will go to counter common-sense regulations,” said Hélène Duguy of the legal charity ClientEarth. “Aggressive and potentially misleading lobbying has become so rampant it’s now unstoppable and threatens the policies on the table.”Duguy said she and her colleagues would be closely monitoring companies’ conduct on PFAS, adding a warning: “Regulatory changes are coming in the EU and elsewhere, and PFAS lawsuits are on the rise around the world.”€100bn a year for PFAS cleanupThe Health and Environment Alliance (HEAL), a Brussels-based NGO umbrella group, picked up on another finding of the investigation: that cleaning up PFAS contamination across Europe could cost €100bn a year, noting that estimates of the health costs associated with PFAS – already present in the blood of all populations tested – are as high as €84bn in Europe alone.With industry lobbying for exemptions even before the restriction proposal has been adopted – possible under existing EU law where a use is deemed essential for society and the economy – the alliance called for strict controls.“The restriction needs to have a comprehensive scope and include all the over 14,000 PFAS chemicals and warrant industry to provide proof of control and safety for any intention to continue any PFAS use,” said HEAL chemicals specialist Sandra Jen.Green MEP Bas Eickhout said it was “unacceptable” that large-scale lobbying was impeding EU regulation. “The chemical lobby has invested millions in trivialising serious scientific reports and producing studies that are intended to conceal well established facts,” he said.Call for a lobbying banCorporate Europe Observatory (CEO), a lobbying watchdog, said the talking points of the chemicals industry were already finding their way into the policies of the European Commission, via direct lobbying and orchestrating over 5,000 responses to ECHA’s public consultation on the proposal.“There should be an immediate halt to all private Commission lobby meetings on the PFAS restriction with those industry voices demanding exemptions and derogations,” the Brussels-based NGO said.In a detailed report, also published yesterday, CEO pointed to recent public statements by Marco Mensink, head of the European Chemicals Council (Cefic), who referred to “alternative proposals” that the lobby group was “working on with the Commission”.Commission says PFAS file merits ‘special attention’Asked for a response to allegations of too cosy a relationship with the chemicals industry, a spokesperson acknowledged that the EU executive was merely an observer in the restriction process, until ECHA’s committees deliver their opinions, upon which the Commission will have to base its decision on the extent of the PFAS restriction.“Nevertheless, given the large scope of the PFAS restriction, the special attention it triggers due to the environmental concerns, and its possible impacts on industry and on our strategic autonomy/twin transition political objectives, the Commission is already meeting with interested parties (industry stakeholders, social partners, organisations like drinking water associations or health professionals) to familiarise itself with the dossier and better understand the concerns raised,” the spokesperson said.The Commission also pointed to EU treaty provisions calling for the EU institutions to maintain an open, transparent and regular dialogue with representative associations and civil society. Moreover, under rules that took effect this month, commissioners, their cabinet members, and managers can only meet lobbyists who are listed on the transparency register of interest groups, where details of the meeting must also be recorded.The executive said it was “committed to ensuring that this is done in full and on time”. The forthcoming chemical industry package promised by the second von der Leyen Commission would “simplify” the EU’s main chemicals regulation, known as REACH, and “provide clarity” on forever chemicals, it added.Euronews also asked Cefic for its response to the call for a lobbying freeze. The lobby group, one of the most well-funded in the transparency register with the equivalent of 43 full-time staff and an annual budget of over €10m, said only that it was committed to “jointly achieving effective, balanced regulations that address environmental and health concerns whilst safeguarding Europe’s strategic economic and technological capabilities”.With over 10,000 substances facing restrictions, the proposal would impact “hundreds of interconnected value chains” across Europe, Cefic said in an emailed statement. “Our goal continues to be to provide accurate input to support a workable regulatory proposal.”On the ECHA consultation, Cefic said it had sought to help companies to respond. “As a chemical industry association with experience with restriction processes, we not only provided our own input but helped stakeholders who were not familiar with the ECHA process to contribute.”“Our goal continues to be to provide accurate input to support a workable regulatory proposal,” the chemicals industry group said.
