Denmark Proposes to Ban PFAS in Clothing Footwear and Waterproofing Agents by 2026

On 27 November 2024, Denmark notified the European Commission of a draft Order to ban per- and polyfluoroalkyl substances (PFAS) in consumer products. The proposed measure targets clothing, footwear, and waterproofing agents containing PFAS in order to reduce their environmental and health impacts. The notification, submitted under Directive 2015/1535, outlines a framework for national restrictions to complement the anticipated EU-wide PFAS legislation.

Scope and Application of the Draft Order

The draft Order introduces a ban on the import and sale of clothing, footwear and waterproofing agents containing PFAS at concentrations above 50 mg F/kg. The restriction applies only to consumer products for private use, including online purchases by individuals. Key dates outlined in the Order include:

• 1 July 2025: The Order is set to enter into force.

• 1 July 2026: The ban on import and sale begins.

• 1 January 2027: Sale of pre-imported stock is permitted until this date.

Production and export activities are exempted, ensuring the measure is focused solely on domestic consumer markets.

Key Exemptions and Considerations

Certain products and scenarios are excluded from the scope of the draft Order:

• Personal Protective Equipment (PPE): Items that re critical to user safety, as defined in Regulation (EU) 2016/425, are exempt due to the lack of suitable alternatives.

• Medical Devices: Products covered by the EU Medical Devices Regulation are excluded.

• Existing EU Regulated Products: Products already covered by EU-REACH and the Persistent Organic Pollutants (POPs) Regulation are not subject to the national ban.

Textiles such as curtains and home furnishings, which contribute less to PFAS emissions, are also excluded, as are reused and recycled materials due to compliance challenges.

Environmental Justification

The draft Order is in line with Denmark’s broader environmental objectives. A mass flow analysis published in February 2024 showed that textiles account for a significant portion of PFAS emissions, with clothing and footwear alone contributing 2.3 tonnes per year. Waste treatment of these articles results in additional discharges of approximately 380 tonnes per year. By implementing this restriction, Denmark expects to reduce PFAS emissions by 200-300 tonnes per year, which represents 35-50% of the country's total emissions from these sources.

The Order's threshold of 50 mg F/kg is designed to capture the intentional use of PFAS while excluding trace contaminants from manufacturing processes. This level reflects the thresholds proposed in the draft EU restrictions.

Implementation and Enforcement

To facilitate compliance by industry, the Order includes transitional measures such as a one-year grace period and permission to sell pre-imported stock until the beginning of 2027. Enforcement will be overseen by the Danish Environmental Protection Agency, with penalties for non-compliance ranging from fines to imprisonment.

Importers and downstream users will be able to provide documentary evidence to prove that fluorine content above the threshold originates from non-PFAS substances. This approach reduces the regulatory burden while ensuring effective control.

Denmark’s Commitment to PFAS Regulation

Denmark’s draft Order reflects its proactive stance on PFAS pollution. The measure is in line with the Organization for Economic Cooperation and Development (OECD) definition of PFAS and supports ongoing efforts to establish EU-wide regulations. The notification also stems from national concerns, including contamination incidents and the results of a 2024 PFAS action plan supported by all Danish parliamentary parties.

Next Steps

The European Commission’s standstill period for feedback ends on 28 February 2025. Pending approval, the Order will enter into force in mid-2025, setting a precedent for other Member States to address PFAS through national measures. By acting decisively, Denmark underlines its commitment to protecting public health and the environment, while contributing to broader EU initiatives.

The full text of the notification is accessible here.