The first ban was imposed by EC 2006/122 and prohibited the placing on the market of products with a PFOS content of >50ppm from December 12, 2006 for “placing on the market”. Use was then permitted until June 27, 20011 for those extinguishing agents that had already been placed on the market before the date of entry into force (i.e. in the inventory of fire departments).

The WHG (Water Resources Act) requires every person within its scope of application to “avoid any detrimental change in the characteristics of water bodies” (WHG §5, Para. (1), 1.). The discharge of substances into bodies of water is generally subject to authorization and is bound by certain regulations. These are set out in various legal ordinances (including the AwSV (Ordinance on Installations for the Handling of Substances Hazardous to Water)). Since the introduction of the WHG, there has been a fundamental duty of care (which also includes the duty to provide active information) for the handling of substances hazardous to water, which includes all foam extinguishing agents and, in particular, extinguishing water.