Hot Spot ECHA Publish Updated PFAS Restriction Proposal

What is it?

The European Chemicals Agency (ECHA) has published an updated PFAS restriction proposal document following the public consultation conducted in 2023. The large, substantially revised document Per- and polyfluoroalkyl substances (PFAS) - ECHA describes the proposed EU PFAS restriction including supporting information that will eventually be submitted to the European Commission (EC).

As a result of the public consultation the original 14 PFAS use sectors in the document have now been increased by a further 8 new sectors, one of which is Sealing Applications which applies directly to valves and actuators. The draft document proposes that PFAS used in Sealing Applications generally be subject to a derogation (delayed ban) of 13.5 years after entry into force (EIF) of the restriction.

The next public consultation opportunity on the draft SEAC opinion is scheduled for the first half of 2026 before the final SEAC opinion is then sent to the European Commission (EC) for decision making. The ECHA have stated that the latest date for completion of the final SEAC opinion is now the end of 2026.

Why is it Important?

If it is adopted by the EC, this PFAS restriction proposal will result in fluoropolymers, like PTFE and FKM, being banned from use in new products in the EU. Within 1.5 years of the restriction entering into force (EIF) many uses of PFAS would be banned however, it is proposed that most PFAS components used in new valves considered to be industrial sealing applications would not be banned until 13.5 years after EIF.

The BVAA is one of many organisations mentioned in the draft background report that responded to the public consultation resulting in the identification and evaluation of the new use sector Sealing Applications. The BVAA proposed that PFAS in Sealing Applications should not be banned due to the lack of suitable alternatives and minimal in service PFAS emissions, suggesting that any regulations should focus on the correct disposal of PFAS at end of life. Unfortunately, the draft background document rejects this approach claiming in service PFAS emissions are too large consequently, the 13.5 year derogation period is proposed with the “hope” that replacement non-PFAS materials will be developed and made available by the end of this period.

A meeting of the BVAA PFAS TEG will now be held to discuss the implications of this new background document for members and also agree an action plan prior to the next public consultation which is expected in 2026.

Continuous Improvement - Did we miss anything?

Hot Spots are intended to alert members and provide a brief overview of new standards, activities or procedures that are being introduced in the industry. If there is key information missing that would be helpful, please let us know so that we can improve our future service.

Please Note: This Hotspot is for information purposes, and we invite comments from BVAA members only. Please also note that at time of publication ballots may be closed. For more information, please contact the Secretariat.

BVAA Members: Did you know we have a hotspot tab on the BVAA website? Head over to www.bvaa.org.uk/login-here.asp and log into the member only area. You then need to select ‘Hotspots’ for the latest. For information on how to access the member only area of the website please contact jane@bvaa.org.uk. 

Search related valve / actuator articles:   British Valve and Actuator AssociationIssue 101Technical Hot Spots