PFAS Regulation and Enforcement Accelerate in Germany
In Short
The Background: Per- and polyfluoroalkyl substances ("PFAS") regulation in Germany is accelerating, with authorities increasingly relying on existing waste, water, and environmental criminal law, rather than waiting for new PFAS-specific statutes. Parallel EU measures are reinforcing this trend.
The Situation: A recent criminal conviction in Krefeld signals a tougher enforcement posture, exposing individuals to criminal liability and companies to administrative fines, profit confiscation, and remediation orders. At the same time, Germany is transposing EU drinking water rules into national law, introducing binding PFAS limits and tighter monitoring, while EU restrictions on firefighting foams and broader class-based controls advance.
Looking Ahead: Enforcement and criminal exposure will intensify further with Germany's planned transposition of the EU Environmental Crime Directive in 2026. Companies operating in Germany should treat PFAS as an immediate compliance and enforcement risk and take proactive steps to map uses, review permits and contracts, implement monitoring, and prepare for substitution and phase-outs.
PFAS regulation and enforcement in Germany are intensifying rapidly, with authorities deploying existing administrative and criminal law tools. EU developments are reinforcing this trend, but German enforcement risk is already immediate.
Criminal Conviction Signals Enforcement Shift
A recent criminal case in Krefeld signals that PFAS enforcement in Germany has entered a new phase. In that matter, the owner of a waste management company and an employee reportedly received suspended prison sentences after accepting and only partially treating large volumes of PFAS-containing firefighting foam without the necessary permits. Authorities documented significant contamination of soil and groundwater and ordered asset-related measures and further investigations.
The case is notable not because it applied new PFAS-specific legislation, but because it relied on existing German waste, water, and environmental criminal law. It demonstrates that PFAS mismanagement can lead to more than administrative fines—exposure now includes confiscation of profits, remediation obligations, and criminal liability for individuals.
Germany: Enforcement Tools Already in Place
German law has long allowed enforcement where hazardous substances are handled without authorization or released into the environment. In PFAS cases, this increasingly results in parallel exposure: permit enforcement and remediation orders for operators and site owners, combined with criminal investigations where conduct is deemed serious.
Regulatory density is also increasing. Germany has begun transposing EU requirements of the EU Drinking Water Directive into national standards, most notably through the updated Drinking Water Ordinance. This introduces binding group limits of 100 ng/L for a defined group of 20 PFAS from January 12, 2026, and 20 ng/L for PFAS-4 from January 12, 2028, together with mandatory monitoring and corrective measures.
In addition, federal authorities have issued technical guidance for assessing PFAS contamination in soil and groundwater. While often framed as guidance, these values are increasingly used by regulators as benchmarks when tightening permits, ordering investigations, or requiring remediation. At the same time, gaps remain—most notably the lack of uniform, binding PFAS limits for wastewater—leaving regional authorities discretion to impose precautionary or site-specific requirements.
EU Context: Reinforcing Pressure on National Enforcement
The European Union has recently adopted a PFAS restriction under REACH targeting firefighting foams, with staged transition periods and a broad phase-out running into 2030. This measure directly affects operators, airports, industrial sites, and waste handlers and is widely viewed as a template for further sector-specific restrictions.
Beyond these binding rules, a class-based PFAS restriction proposal—submitted by Germany and four other countries—remains under scientific evaluation at EU level. While not yet adopted, it signals a clear long-term policy direction toward comprehensive PFAS control.
Looking ahead, enforcement and criminal exposure will increase further with Germany's transposition of the EU Environmental Crime Directive, currently scheduled for May 2026. The German draft legislation significantly expands environmental criminal liability, including higher penalties, broader offense definitions (notably for soil and water contamination), and increased exposure for companies and individuals where hazardous substances such as PFAS cause significant environmental harm or are handled without full regulatory compliance.
What Companies Should Do Now
For companies operating in Germany, PFAS should be treated as a core compliance and enforcement risk. Key steps include:
- Mapping PFAS uses and sources across operations, products, firefighting systems, and waste streams;
- Reviewing permits, waste contracts, and supplier arrangements for PFAS coverage and liability allocation;
- Implementing or updating PFAS monitoring in line with national limits and authority guidance; and
- Preparing for EU-driven restrictions by assessing substitution options and transition strategies.
The Krefeld case shows that German authorities are already prepared to act decisively. Proactive, forward-looking PFAS compliance—grounded in German law and informed by EU developments—is now essential to manage legal, financial, and reputational risk.
Three Key Takeaways
- Enforcement is already real and escalating: German authorities are using existing administrative and criminal law tools to pursue PFAS cases, with exposure extending beyond fines to remediation orders, profit confiscation, and individual criminal liability.
- Regulatory obligations are tightening: Binding drinking water limits, technical guidance for soil and groundwater, and increasing monitoring and corrective requirements are taking effect.
- EU developments amplify long-term risk: Restrictions on firefighting foams, a pending class-based PFAS proposal, and the upcoming EU Environmental Crime Directive point to broader controls, higher penalties, and expanded liability for companies and individuals.
