PFAS disposal in Germany: NT Service GmbH warns of regulatory gaps

Steinh?fel, 11.12.2025 - NT Service GmbH draws attention to a growing discrepancy between European chemicals legislation and German disposal practice for foam concentrates containing PFAS. The POP Regulation (EU) 2019/1021 in the version of the amending Regulation (EU) 2025/1988 prohibits the further placing on the market, use and operational storage of fluorine-containing foam concentrates after the transitional periods have expired. Existing concentrates must be subjected to a treatment that proves irreversible conversion or destruction of the PFAS.

In disposal practice, however, there is considerable scope for enforcement and interpretation, which forces operators and disposal companies into a legally insufficiently defined area.

Structural conflict: substance law requires destruction - waste law does not require proof

While the POP Regulation, as a substance law, specifies the result - irreversible destruction of the PFAS - German waste law only classifies types of waste, but not their hazardousness under substance law or the required treatment quality.

This is precisely where the regulatory gap lies:

As long as PFAS-containing foam concentrates are listed as waste under AVV 16 10 01*, 07 02 13* or 16 03 05*, there is no obligation to provide proof of destruction under substance law.
The authority only checks whether the waste has been disposed of in a permissible way - not whether PFAS have actually been destroyed in accordance with POP legislation.

The consequence:
POP law requires a result, waste law does not require proof.

Miscategorization allows disposal options without PFAS proof

Although the frequently used waste code 16 10 01* is permissible, it is factually imprecise.
Fluorinated foam concentrates are not organic solvents, but synthetic surfactant mixtures.

This is problematic:

* The waste code determines the disposal route.
* The disposal route determines whether a PFAS destruction certificate must be provided.
* An inappropriate key means that no proof is required or provided.

This means that it is not possible to trace when and where the PFAS-containing waste was actually destroyed - or whether it may not have ended up in a high-temperature incinerator at all.

High-temperature incineration: the term is suggested, but rarely substantiated

Many disposal companies advertise "high-temperature incineration" (1,000-1,300 ?C) as POP-compliant PFAS destruction.
This gives the impression that this process automatically fulfills the requirements of the POPs Regulation.

The fact is:

Thermal treatment proves nothing as long as no analytical proof is provided.

The standard ZETA (Destruction Removal Efficiency, DRE) test is a voluntary industry standard. It is rarely carried out in practice.

Without analysis, no one can determine whether PFAS have actually been irreversibly converted.

Particularly critical:

Many operators assume that their waste was destroyed in a high-temperature plant but cannot prove it because there is no proof of destruction.

Core risk: Disposal company offers high temperature - but delivers something else

The biggest problem arises when:

A disposal company offers high-temperature destruction, but lists the waste under an AVV code,

which permits a completely different disposal route, without any proof of destruction.

If the operator later requires proof of destruction - for example as part of an inspection, an accident or an inquiry from the authorities - and the disposal company is unable to provide this, considerable legal risks arise:

* POP-VO violations because destruction is not documented
* Violations of WHG (? 7 para. 2) because environmental hazards have not been ruled out
* Violations of KrWG (? 22) due to continued product responsibility
* Potential liability claims against operators and disposal companies

Briefly:
Without documented destruction, the operator remains responsible - regardless of what was in the offer.

Liability risks for operators

Despite handing over the waste to a disposal company, the operator remains responsible according to the following standards:

? Section 22 KrWG - product responsibility only ends when the waste is actually rendered harmless, not when it is handed over.

? Section 7 (2) WHG - Principle of concern requires active exclusion of hazards from PFAS.

POP Regulation Art. 3 and 5 require proof of irreversible transformation.

Without proof, it remains unclear whether PFAS continue to exist as prohibited POP substances - and thus the operator remains addressable.

Statement by Matthias Natusch, NT Service GmbH

"The industry finds itself in a dangerous gray area: The POP Regulation requires the actual destruction of PFAS, while national waste legislation does not require destruction-specific verification. Operators often assume that a disposal company will ensure the necessary destruction. In reality, there is usually no proof of when, where and whether PFAS destruction has actually taken place. This can have serious legal consequences in an emergency."

Demand from NT Service GmbH

NT Service GmbH is therefore calling for

A clearly defined waste category for PFAS-containing foam concentrates that takes into account substance law requirements.

A binding obligation to provide evidence of when and in what form the PFAS were destroyed (incl. analytical confirmation).

Harmonization of POP substance legislation and waste legislation in order to provide operators and disposal companies with legal certainty.

Unambiguous verification and clear legal requirements are the only way to ensure that POP legal bans and national disposal regulations no longer diverge.

NT Service GmbH
Baathstrasse 6b 6b
15518 Steinh?fel OT Heinersdorf
Germany

https://tnt-reinigung.de

Herr Matthias Natusch
01739641344

rechnung@nt-service.eu

NT Service GmbH, based in Brandenburg, is a European leader in the field of blasting technology for unblocking silos and bulk storage facilities. The company works under the management of Matthias Natusch, a publicly appointed expert, in accordance with the latest safety standards and specializes in industrial repairs following blockages, shutdowns or damage events. With operations in seven EU countries and many years of experience, NT Service GmbH helps to get industrial infrastructure up and running again after crises and outages.

PFAS/PFC decontamination - Scientifically sound cleaning processes for removing persistent chemicals from plants and environmental media.

? Industrial and tank cleaning - Tailor-made solutions to prevent operational disruptions and the accumulation of pollutants.

? Occupational safety & environmental technology - Technical measures to minimize hazards and ensure the sustainable recommissioning of industrial plants.

Unique market position:

NT Service GmbH enjoys the trust of leading industrial companies, particularly in the field of fire protection technology. Globally renowned corporations recommend NT Service as their preferred partner, which is due to the company's 100% success rate and scientifically sound working methods.

With more than 250 successful decontamination projects and a comprehensive assumption of liability for work carried out, NT Service GmbH sets standards in the industry.

? Company headquarters: Steinh?fel OT Heinersdorf
? Website: https://tnt-reinigung.de
? Contact: 0800 - 588 82 03

This release was published on openPR.