This year, there’s a special focus on tweaking and adjusting rules to make things simpler, including cutting down on red tape. But there are also some big new requirements and changes to the legal basis, like the “One Substance, one assessment ” package that’s already come into effect. Further legal changes aimed at correcting regulatory misdevelopments will also be of particular practical relevance. The following article addresses some of the relevant changes in the scope of application of various chemical legislation acts.
A. REACH
Even though the European Commission’s proposal for a revision of Regulation (EC) No. 1907/2006 (“REACH“) is still pending, the existing legal framework once again provides scope for a wide range of new requirements. Particularly, the procedure for restricting PFAS will be the focus of attention in 2026.
I. Revision
The targeted revision of REACH remains on the agenda. Not least due to the numerous adjustments made by the Commission’s so-called omnibus proposals last year, regular revision processes, such as those relating to REACH, are subject to further delays. For example, in connection with the so-called environmental omnibus of 10 December 2025, the Commission has only very sparingly stated that a targeted revision of REACH is intended. However, no further announcements on the timetable are currently available.
It is noteworthy, however, that the Commission apparently also wants to use the REACH revision to examine further possibilities for simplification and, if necessary, combine corresponding approaches with its proposal. In view of the approaches developed under the Green Deal and the Commission’s recent ambitious considerations for adapting REACH, it remains questionable whether and, if so, to what extent the REACH revision will actually bring about simplifications.
II. Substance and dossier evaluation
The draft Community Rolling Action Plan (CoRAP) for 2026-2028 was presented on 9 December 2025 and is currently being finalised. It is scheduled to be adopted at the next Member State Committee meeting (expected to take place from 9 to 13 February 2026). The draft CoRAP contains 28 substances, including 8 new substances compared to the current CoRAP 2025-2027.
Affected companies should address the substance-specific reasons for concern, review their respective registration dossiers and update them if necessary.
III. Authorisation
Parallel to ongoing discussions and procedures regarding general changes, substance-related regulation under the REACH Regulation continues to develop inexorably.
1. SVHC identification
The ECHA last updated the candidate list on 5 November 2025, adding another substance: 1,1′-(ethane-1,2-diyl)bis[pentabromobenzene] (DBDPE) (EC: 284-366-9, CAS: 84852-53-9). The candidate list now comprises a total of 251 entries, which must be taken into account both for communication in the supply chain in accordance with Art. 33 of REACH and for notifications to the SCIP database. For any notification obligations under Art. 7(2) REACH, a transitional period of a further six months currently applies to the most recently added substance (cf. Art. 7(7) REACH).
In 2025, it was again apparent that the previously established practice of only two updates within 12 months was not being consistently adhered to. As in the previous year, an additional update was made in November 2025. This indicates a trend towards three updates to the Candidate List per calendar year.
The expected addition to the Candidate List at the beginning of 2026 is still pending. According to the decision taken at Member State Committee level, the substance n-hexane (EC No 203-777-6) is to be identified as an SVHC and added to the Candidate List. The candidate list is scheduled to be updated on 4 February 2026. The initial plan to identify 4,4′-methylenediphenol (EC No 210-658-2) as an SVHC was withdrawn before the Member State Committee meeting in December 2025.
Furthermore, the continuous changes to the Candidate List continue to pose challenges for affected companies. This is because communication processes in the supply chain must be reviewed for accuracy and completeness with each change.
2. SCIP database
In connection with the Candidate List, it is also noteworthy that the European Commission has presented a proposal in the Environmental Omnibus to abolish the reporting requirement for information on SVHCs in the SCIP database. On the one hand, it is to be welcomed that the inadequacies of the existing reporting requirements and the database, which have been emphasised by industry for some time, are thus being acknowledged. On the other hand, the European Commission’s proposal should also be a signal to legislators to carefully examine the consequences and benefits of additional requirements before introducing new legal obligations.
According to the European Commission, information transparency is to be ensured in future primarily through the digital product passport. It remains to be seen whether the associated costs for industry and the benefits of greater transparency in the supply chain will be proportionate.
3. Approval requirements
A total of four substances were proposed by ECHA in the 12th recommendation for inclusion in Annex XIV to REACH; however, a decision by the Commission is still pending. The substances concerned are:
| Substance | EC | CAS |
| Barium diboron tetraoxide | 237-222-4 | 13701-59-2 |
| Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide | 278-355-8 | 75980-60 |
| S-(tricyclo(5.2.1.0’2,6)deca-3-en-8(or 9)-yl O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate X4261 | 401-850-9 | 255881-94 |
| Melamine | 203-615-4 | 108-78-1 |
The Member State Committee recently discussed the ECHA’s proposals for the 13th recommendation on the inclusion of substances in Annex XIV to REACH. According to this, four substances are currently scheduled for inclusion:
- UV-326
- UV-329
- triphenyl phosphate
- 2-(dimethylamino)-2-[(4-methylphenyl)methyl]-1-[4-(morpholin-4-yl)phenyl]butan-1-one
The three-month consultation is currently scheduled for February 2026.
Otherwise, there are no expiry dates or application deadlines for substances subject to authorisation in accordance with Annex XIV for the year 2026.
IV. Restrictions
In 2026, the requirements for a number of existing restrictions will also change:
1. Entry 63 (lead and its compounds)
According to paragraph 15 of entry 63 in Annex XVII to REACH concerning lead and its compounds, there is a general ban on the marketing of articles made of polymers or copolymers of vinyl chloride (“PVC”) if the lead concentration is 0.1% by weight or more of the PVC material. Paragraph 18 provides for an extended transition period until 28 May 2033 for certain articles if the lead concentration is less than 1.5% by weight of the recovered rigid PVC. However, a further restriction will apply from 28 May 2026. From this date, rigid PVC made from profiles and sheets
- for external applications in civil engineering works, except for decks and terraces;
- for decks and terraces, provided that the recovered PVC is used in a middle layer and is completely covered with a layer of PVC or another material with a lead concentration of less than 0.1% by weight;
- for use in concealed areas or cavities in civil engineering works (provided that they are not accessible during normal use, except for maintenance purposes, e.g. cable ducts);
- for interior applications in buildings, provided that the entire surface of the profile or panel facing the occupied areas of a building after installation is made of PVC or another material with a lead concentration of less than 0.1% by weight,
shall be recovered and used only for the manufacture of new products in one of these categories.
2. Entry 77 (Formaldehyde)
From 6 August 2026, the restriction on formaldehyde under entry 77 in Annex XVII to REACH will apply. From this date, articles may no longer be placed on the market if the test conditions specified in Appendix 14 to Annex XVII to REACH exceed the following values for the concentration of formaldehyde released from these articles:
- 0.062 mg/m3 for furniture and wood-based products;
- 0.080 mg/m3 for products other than furniture and wood-based products.
The restriction does not apply to
- articles in which formaldehyde or formaldehyde-releasing substances are present exclusively in a natural form in the materials from which the articles are made;
- products intended exclusively for outdoor use under foreseeable conditions;
- products in buildings that are used exclusively outside the building envelope and vapour barrier and from which no formaldehyde is released into the indoor air;
- products intended exclusively for industrial or commercial use, unless formaldehyde released from them leads to exposure of the general public under foreseeable conditions of use;
- Products to which the restriction in entry 72 applies;
- Products that are subject to Regulation (EU) No 528/2012 of the European Parliament and of the Council as biocidal products;
- Products falling within the scope of Regulation (EU) 2017/745 of the European Parliament and of the Council;
- personal protective equipment within the scope of Regulation (EU) 2016/425;
- Articles intended to come into direct or indirect contact with food falling within the scope of Regulation (EC) No 1935/2004;
- used products.
3. Entry 78 (synthetic polymer microparticles)
According to entry 78 in Annex XVII to REACH, suppliers of in vitro diagnostic medical devices, including products within the scope of Regulation (EU) 2017/746, containing synthetic polymer microparticles must, from 17 October 2026, provide instructions for use and disposal to professional users and the general public, explaining how to prevent the release of synthetic polymer microparticles into the environment.
In addition, reporting obligations under paragraph 11 of entry 78 in Annex XVII to REACH must be fulfilled by 31 May 2026. By that date, manufacturers and downstream industrial users of synthetic polymer microparticles in the form of granules, flakes and powders used as starting materials for plastic production in industrial facilities must provide the following for the reporting period from 1 January 2025 to 31 December 2025
- a description of the uses of synthetic polymer microparticles;
- for each use of synthetic polymer microparticles, general information on the identity of the polymers used;
- for each use of synthetic polymer microparticles, an estimate of the quantity of synthetic polymer microparticles released into the environment during the previous calendar year, including the quantity of synthetic polymer microparticles released into the environment during transport;
- for each use of synthetic polymer microparticles, an indication of the exemption referred to in paragraph 4(a) of entry 78 in Annex XVII to REACH
to ECHA.
4. PFAS
Beyond the existing restrictions, the ongoing restriction process concerning PFAS remains of central importance for almost all industrial sectors. Now that the technical evaluation of the restriction proposal by the relevant ECHA committees, i.e. the Committee for Risk Assessment (RAC) and the Committee for Socio-economic Analysis (SEAC), has been largely completed, further consultation on the SEAC draft is expected from March 2026 onwards, according to recent announcements. For affected companies, this consultation represents the last opportunity expressly provided for in the procedure to influence the design of the future restriction by submitting information. Once the consultation has been completed, ECHA will finalise the restriction proposal and forward it to the Commission for further decision.
5. Chromium VI
In addition, the process of restricting chromium VI will also continue. The European Commission has published an updated version of the Q&A document “Towards a restriction of hexavalent chromium (Cr(VI)) substances”. The ongoing authorisation procedures and developments regarding restrictions are to be further coordinated. This will also be facilitated by a draft implementing act that was discussed in the REACH Regulatory Committee: CMTD(2025)2107 – Register for the committee procedure. The RAC and SEAC opinions on the restriction proposal are currently expected by the third quarter of 2026, and a restriction (including amendments to Annexes XIV and XVII) could then be adopted in the course of 2027.
B. CLP
At the end of 2024, far-reaching amendments to Regulation (EC) No 1272/2008 (“CLP”) were introduced by Regulation (EU) 2024/2865. However, Regulation (EU) 2025/2439 recently postponed the date of application of the transitional provisions of Regulation (EU) 2024/2865 (see our blog post for details).
However, the postponement of the date of application (“stop-the-clock“) is only the first part of Omnibus Package VI: Chemicals. In a second part, further adjustments to the content are to be made, including with regard to the changes introduced by Regulation (EU) 2025/2439. In particular, flexibility is to be created with regard to font sizes and labelling. The exemptions from labelling requirements for small containers are also to be extended. In addition, the requirements for updating labels and the mandatory information in advertising are to be changed. The parliamentary process is still ongoing, so further developments remain to be seen.
This year will see the first application of the newly introduced Art. 37(7) CLP. This provision establishes the Commission’s authority to carry out harmonised classifications for substances that have been subject to previous SVHC identification procedures or that have been evaluated as active substances in accordance with Regulation (EU) No 528/2012 or Regulation (EC) No 1107/2009 and which subsequently fall under the newly introduced hazard classes ED HH Cat. 1, ED ENV Cat. 1, PBT or vPvB, without the need for a further evaluation procedure. An initial proposal has been put forward and covers 115 substances. It includes 52 new entries and corresponding changes for 63 entries. A delegated act amending Table 3 of Part 3 of Annex VI to the CLP is expected to be published in the course of the year.
C. BPR
A key focus remains on continuing the work programme under Regulation (EU) No 528/2012 (“BPR”), along with updating and revising the relevant Delegated Regulation (EU) No 1062/2014. As usual, ECHA is pointing out any deadlines for 2026.
In this context, additional data requests are also being made in pending procedures for active substance approval or product authorisation. This applies in particular to ongoing procedures concerning in-situ systems following the adoption of the “BPC Recommendations” for the evaluation of so-called “in-situ” systems.
Particular attention should also be paid this year to the Commission’s proposal to extend the data protection periods under Art. 95(5) BPR for all active substance-product type combinations for which a decision on active substance approval has not been taken by 7 June 2018. The extended deadline is now set to end on 31 December 2030. For data that was not protected under the previous regulation from 31 December 2025 until the new regulation came into force, eligible data owners are to receive additional compensation if the data was used by third parties. However, the claim must be asserted and enforced by the data owner on a case-by-case basis.
On the one hand, it is to be welcomed that the European Commission is showing a willingness to correct a tangible lack of clarity and unintended undesirable developments in the BPR. On the other hand, however, the previous mistake is being repeated. The duration of the work programme for existing substances and corresponding product types was extended until 31 December 2030 by Delegated Regulation (EU) 2024/1398, so that the adjustment of the data protection periods now provided for in Art. 95(5) BPR will (once again) expire precisely at the end of the work programme. However, should there be further delays in completing the work programme, the situation that arose at the end of 2025 would recur at the end of 2030. A more flexible design of the data protection rules under Art. 95(5) BPR would have been desirable in this respect. However, as the European Commission rejects a further extension of the work programme beyond 2030 under the existing legal framework anyway, a more flexible approach was not to be expected. It remains to be seen, however, whether supplementary or new regulatory approaches will be established in the course of the further review of the BPR itself.
The consultation on the possible revision of the BPR will continue until 5 March 2026, but participation has been extremely low so far.
D. POP
The inclusion of further substances in Annex I to Regulation (EU) 2019/1021 (“POP”) is scheduled for 2026. Most recently, the European Commission proposed the inclusion of MCCPs, chlorpyrifos and C9-21 PFCAs and conducted a consultation on this at the end of 2025. It is expected that the legal act for the inclusion of these substances in the POP Regulation will be adopted in the course of 2026.
E. Data platform
Regulation (EU) 2025/2455 establishing a common data platform for chemicals and laying down rules to ensure that the data contained therein is discoverable, accessible, interoperable and reusable, as well as creating a monitoring and prospective framework for chemicals, was published in the Official Journal of the EU on 12 December 2025.
1 January 2026 marks the start of the three-year period within which the chemical data specified in Annex IV to Regulation (EU) 2025/2455 must be included in the common data platform.
According to Art. 4(1) of Regulation (EU) 2025/2455, the Commission shall, by 2 July 2026, adopt an implementation plan by means of an implementing act specifying the chemical data sets to be included in the common data platform, together with a timetable for their inclusion.
In addition, from 1 January 2026, researchers or research consortia funded by Union framework programmes or national programmes will be required to make data available to the EEA in relation to human biomonitoring data and to the ECHA in relation to relevant data on environmental sustainability.
The “observatory” for certain chemicals or groups of chemicals to be established under Art. 23 of Regulation (EU) 2025/2455 will also be of particular relevance. To this end, the European Commission will adopt and publish a list of chemicals to be subject to additional testing by 2 July 2026.
F. Conclusion and outlook
The manifold changes and readjustments mean that chemicals legislation will remain a complex, demanding and challenging subject in 2026. The European Commission’s latest “corrective measures” concerning, for example, the SCIP database, CLP and BPR do not exactly strengthen the position of those companies that made early efforts to achieve legal compliance.
Regardless of this, however, companies must still keep a close eye on the many changes. What’s more, beyond the changes in the central legal acts of European chemicals regulation, there are a variety of regulations that focus on specific hazardous properties of substances in products, establishing bans for the placing on the market or use of affected products or further transparency requirements. Corresponding provisions in ESPR, PPWR and many other regulations underscore this. Chemicals legislation thus emphatically and conclusively proves that it is a horizontal regulatory matter that affects companies from all industries, all stages of the supply chain and of all sizes. This makes it all the more important to address the ongoing changes and develop robust internal company monitoring systems in order to identify existing obligations and (liability) risks at an early stage, as well as potential opportunities that may arise from regulatory changes.
Do you have any questions about this news item or would you like to discuss it with the author? Please feel free to contact: Martin Ahlhaus
