SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger, Amina Chammah and Isabell Schellhas, Walder Wyss Ltd
PFAS legislation The EU is progressively tightening its approach to per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals,” across multiple regulatory frameworks. Within Regulation (EU) 2025/40, which will apply from 12 August 2026, the current focus is on reducing the presence of substances of concern in packaging. The regulation introduces a general obligation to minimise such substances, including PFAS, without setting broad concentration limits at this stage. More specific restrictions will apply to cer - tain applications, particularly food-contact packaging. At the same time, the EU is developing a broader, group-wide restriction of PFAS under Regulation (EC) No 1907/2006, which could ultimately cover most uses across industries. In parallel with these developments, Switzerland con - tinues to tighten its regulatory framework on PFAS. Certain PFAS subgroups are already restricted under Annex 1.16 Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (ORRChem), irrespective of their use. Further restrictions entered into force in January 2026, subject to transitional peri - ods until 1 November 2026, introducing additional limitations based on Regulation (EU) 2024/2462. In particular, they include a prohibition on the placing on the market of perfluorohexanoic acid (PFHxA) and its precursor compounds above specified threshold lim - its. The restrictions primarily target applications where PFAS can be readily substituted, such as certain tex - tiles and leather goods, food contact materials within the meaning of the Ordinance on Foodstuffs and Util - ity Articles (FUAO) made of paper and cardboard, as well as products including ski waxes and cosmetics within the meaning of the FUAO. Further regulatory developments are currently under discussion. In particular, a prohibition on the plac - ing on the market of food packaging and single-use consumer goods containing PFAS above defined threshold limits is being considered. The proposed amendments are expected to enter into force on 1 December 2026.
Battery legislation Regulation (EU) 2023/1542 concerning batteries and waste batteries (the “Battery Regulation”) establishes a comprehensive legal framework covering the full battery life cycle. Under the Regulation, market opera - tors must, for example: • implement a due diligence policy to ensure respon - sible sourcing of raw materials; • affix QR codes and digital battery passports to certain batteries, providing key data on capacity, chemical composition and expected lifetime, with information uploaded to a central EU database; and • meet specific collection, recycling efficiency and material recovery targets and finance respective recycling systems. The Battery Regulation provides for implementation timelines between 2024 and 2031, depending on the type of batteries. It applies to all market operators placing batteries on the EU market, including opera - tors established in third countries. Switzerland has not (yet) implemented an equivalent battery legislation. The current Swiss law is compa - rable to the former EU battery directive (Directive 2006/66/EC) and is limited to certain content, label - ling and waste obligations, outlined in Annex 2.15 ORRChem , the Waste Movements Ordinance and specifying ordinances. Key obligations include: • a prohibition on the sale of batteries containing more than 5mg of mercury per kg; • mandatory labelling of batteries with the symbol for separate collection; and • indication of chemical symbols if the content exceeds specific thresholds for mercury, cadmium or lead. The Swiss Federal Office for the Environment, ie, the responsible Swiss authority, has stated that it is moni - toring developments in the EU and assessing whether existing Swiss instruments remain adequate or if leg - islative amendments will be required.
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