ECHA updated PFAS restriction proposal – What it means for construction equipment from lubricants to machinery applications

Under the revised Draft Background Document (Summary here), PFASs are defined in line with the OECD 2021 guidelines, encompassing both polymeric and non-polymeric variants. These substances are characterized by extreme persistence, bioaccumulation potential, and mobility, resulting in widespread contamination of soil, water, and air.

Restriction Options

The updated dossier assesses three potential restriction scenarios:

• RO1 – Full ban (18 months after EiF): Highest emission reduction (96%) but deemed not economically proportionate.
• RO2 – Ban with time-limited derogations: Achieves an 83% reduction in emissions and is considered the most balanced approach.
• RO3 – Continued use with strict emission limits: Allows limited production with controlled emissions (≤0.01%).

The revised proposal now spans 23 industry sectors, including several directly relevant to Construction Equipment manufacturers, such as:

• F-gases applications, notably in HVACR (heating, ventilation, air conditioning, refrigeration);
• Transport when it comes to construction/industrial vehicles (e.g., bulldozers, forklifts, cranes);
• Industrial lubricants for high-performance uses (e.g., dry lubrication for piston rings);
• Sealing applications using fluoropolymers (FPs) and perfluoropolyethers (PFPEs) to prevent leaks, contain pressure, and reduce contamination (e.g., pipes, O-rings, gaskets);
• Machinery components where FPs and PFPEs enhance durability, self-lubrication, and wear resistance.

Derogations and Reporting Obligations

The ECHA draft background document outlines several time-limited and indefinite derogations that directly impact machinery and HVACR sectors. These apply in cases where PFAS-free alternatives are not yet technically or economically feasible. All derogations lasting 13.5 years or indefinitely will require reporting obligations and site-specific PFAS management plans to monitor emissions and track progress toward substitution.

Sector-specific impacts – Overview

PFAS play a crucial role in industrial and professional lubricants uses, valued for their non-stick and high-durability properties. The updated Draft BD introduces several key points:

• A 5 years derogation (after EiF) has been proposed, allowing time for industry adaptation.
• The exemption applies to industrial and professional lubricant uses where operating under harsh conditions (e.g. construction machinery) or where PFAS are essential to ensure safety.
• The updated proposal underscores the ongoing difficulties in developing viable PFAS-free alternatives, highlighting lubricants as a priority area for research and innovation.

Refrigerants and related fluorinated gases used in HVACR, transport, and fire-suppression systems are subject to multiple derogations. The updated BD distinguishes between light-duty electric vehicles and all other vehicles, including non-road vehicles. For the latter category, a 13.5-year derogation (after EiF) is proposed. According to the preliminary assessment by CECE experts, the use of F-gases in the construction machinery sector is expected to fall under all other vehicles category. Consequently, construction equipment products should be exceptionally classified as construction motor vehicles within the scope of this derogation.

Regarding machinery applications, PFAS-based materials remain essential for components such as bearings, seals, gaskets, and pumps, ensuring safety, reliability, and performance in demanding environments (including manufacturing). PFAS are indeed still required for their unmatched resistance to heat, chemicals, and friction. The updated restriction proposal foresees a derogation of 13.5 years after EiF. When it comes to spare parts, continued use of PFAS-containing components is permitted for maintaining existing machinery, avoiding premature obsolescence.

Next steps

The RAC and SEAC committees aim to complete their evaluations by the end of 2025, according to the ECHA Updated Timeline. This will enable ECHA to finalise the RAC opinion and prepare the SEAC draft opinion, which will then be opened for public consultation in the first half of 2026. Final opinions from both committees are expected to be submitted to the European Commission in 2026.

Despite the industry’s critical stance on the sector-by-sector evaluations carried out by RAC and SEAC, CECE as an ECHA Accredited Stakeholder will continue to support member companies throughout the consultation and implementation process.