PFAS in Walloon and Brussels law

Article
BE Law
EU Law
Expertise
Environment and Planning ESG & Sustainability

Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals” due to their persistence in the environment and very low degradability, have been the subject of several major scandals in Europe in recent years, revealing concentrations of PFAS in soil and water that have not spared Belgium.

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These revelations have catalysed European action. Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption now provides parametric values strictly regulating the presence of PFAS in water intended for human consumption that Member States shall comply with by 12 January 2026. In January 2023, a group of five Member States submitted a proposal to ECHA for a near-total restriction on the production and use of PFAS under REACH, the European Union's chemicals legislation. At the same time, in September 2025, the Council and the European Parliament reached a provisional agreement to update the priority substances1 in surface water and groundwater, proposing to revise the Water Framework Directive to include a group of PFAS that threaten these waters. 

These various European initiatives aim to prevent further industrial contamination and protect public health from forever chemicals, particularly in water. At this stage, no harmonised and mandatory European standard has yet been defined for the prevention of soil pollution by PFAS. However, on 23 October 2025, the European Parliament adopted the proposed directive on soil monitoring and resilience in plenary session. The overall objective is to have healthy European soils by 2050, in line with the EU's ‘zero pollution’ ambition. It should also provide a more coherent and harmonised European framework for soil monitoring. Given that Member States will have three years to comply with the directive once it enters into force, there is no doubt that this initiative will also have an impact on the management of potential PFAS soil pollution.

Specific look at Walloon and Brussels legislation

Walloon Region

The decree of 1 March 2018 on soil management and remediation, together with its implementing orders, constitute the Walloon regulatory framework for the management of contaminated soil. 

Unlike certain conventional chemicals, PFAS have not been a cause for concern for Walloon legislators regarding soil conditions for a long time. Although no European standard is currently applicable to the prevention of PFAS soil pollution and the Walloon Region has not adopted any specific standard to limit PFAS concentrations in Walloon soils, guidelines exist for the consideration of a series of PFAS in studies conducted in accordance with the decree of 1 March 20182. 

These guidelines indicate, among other things, (i) that when an orientation study is necessary, a detailed analysis of various criteria relating to PFAS must be carried out. If this analysis fails to demonstrate the absence of PFAS associated risks, specific soil and/or groundwater analyses are required; (ii) the guidelines to be considered in the context of an orientation study; and (iii) the techniques currently used in soil, groundwater and surface water remediation projects involving PFAS. 

Considering these guidelines, it is recommended that companies handling PFAS or likely to discharge them take them into account, particularly with a view to conducting an orientation study when ceasing risky activities, for example, and consider the instructions and techniques they provide when carrying out a characterisation study and a remediation project, where applicable. 

Regarding water management, the decree of 20 April 2023 amending Book II of the Environment Code containing the Water Code, as well as the Walloon orders of 1 June 2023 and 20 February 2025 amending various provisions relating to the quality of water intended for human consumption, transpose European Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption. The Water Code has been revised to include the quality limit applicable to PFAS as of 20 February 2025. This new development must therefore be considered by water suppliers.

Brussels Region

Regarding soil management, the Ordinance of 5 March 2009 on the management and remediation of contaminated soil, amended by the Ordinance of 23 June 2017, and its implementing orders, constitute the Brussels regulatory framework for the management of contaminated soil. 

Although the Brussels-Capital Region has not yet adopted any specific standards to limit PFAS concentrations in Brussels soils, a code of good practice for soil pollution experts has been drawn up by Brussels Environment in application of the Ordinance of 5 March 2009, with a view to the study and treatment of PFAS in soil and groundwater3. In force since 24 January 2022, this code, which is set to evolve as new knowledge becomes available, specifies the practical methods for investigating PFAS that must be considered in soil studies and in the management of identified pollution. In particular, it specifies (i) the criteria to be taken into account by the soil pollution expert when assessing the relevance of investigating PFAS in soil condition studies, as well as the requirements for analysing suspected PFAS during the soil condition study, and (ii) the approach to be adopted during a detailed study and the treatment techniques to be considered in the event of pollution. 

In accordance with this code of good practice, when transferring ownership of land at risk, companies that handle PFAS or are likely to release them must carry out a soil study, which should include PFAS analysis for industrial activities identified as risky. This code also provides guidelines and techniques to be followed in the event of confirmed pollution, with a view to conducting a risk assessment and remediation project. 

Finally, Brussels Environment provides an indicative digital map of sites that are polluted or likely to be polluted with PFAS4. 

Regarding water management, the Ordinance of 1 February 2024 amending the Ordinance of 20 October 2006 establishing a framework for water policy with a view to transposing Directive (EU) 2020/2184 and the Brussels-Capital Region Government Order of 22 February 2024 on the quality of water intended for human consumption transpose European Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption. Article 18 of this order stipulates that by 12 January 2026 at the latest, water intended for human consumption must comply with certain parametric values for total PFAS. This new requirement must be considered by water suppliers.

Key points

These developments provide a broad overview of recent changes relating to PFAS in soil and water management. These developments reflect the European Union's desire to further regulate the dispersion of chemical compounds in the environment. These developments, which take the form of guidelines and binding rules, must be incorporated into regional regulations on soil and water management. Nevertheless, they represent a challenge and a cost that must be considered by businesses, industrial sites and water suppliers, particularly in the context of soil and water testing and remediation obligations that may arise in real estate transactions. These new developments may also raise questions in the judicial context, where various parties may be held liable. 

Considering the changing regulatory framework, our firm, with its specialised expertise in environmental and sustainability law, is available to assist you during this period of change and advise you on the implications of these legislative developments.

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