EU substance policy is bringing about far-reaching regulatory changes that will have a lasting impact on mechanical and plant engineering – we have shed light on the challenges and prospects.
EU substance policy is dedicated to the regulation of chemical substances and the resulting obligations. The aim is to ensure that substances used in products do not pose any risks. This applies in particular to the REACH Regulation and the RoHS Directive in the area of product-related environmental protection. A central focus is currently on the ongoing restriction process for perfluoroalkyl and polyfluoroalkyl substances (PFAS).
On November 14, 2024, ProduktionNRW and VDMA Nord organized a virtual information event to provide information on the effects of current restriction procedures from EU substance policy on mechanical and plant engineering.
PFAS regulation: status and prospects
Svenja Heinrich, a materials policy officer at VDMA, began by reporting on the importance of PFAS regulation. The PFAS substance group, which comprises more than 10,000 chemicals, is the subject of a comprehensive regulatory process. In 2023, five EU member states, including Germany, submitted a restriction proposal to the European Chemicals Agency (ECHA). Two options are proposed:
1. A complete ban with a transitional period of 18 months.
2. A ban with application-specific exemptions, which may apply for a limited or unlimited period depending on the availability of alternatives.
The process is expected to last until 2028. In parallel, the lead national authorities are revising the information on which the original restriction dossier was based, for example in the area of uses or alternatives. ECHA’s scientific committees are preparing their opinions based on the more than 5,600 contributions and more than 100,000 pages of information submitted as part of the public consultation.
The industry, represented by the VDMA and other associations, criticizes the undifferentiated regulation that does not follow the risk-based approach. In a “PFAS Chancellor’s Letter” sent to Federal Chancellor Olaf Scholz in July 2024, the associations called for a PFAS summit, a revision of the dossier and a differentiated approach to fluoropolymers, among other things.
Further substance regulations
In addition to PFAS, other substances are also the subject of current regulation:
– New SVHC substances: The REACH regulation regularly lists new substances of very high concern as SVHC candidate substances. In November 2024, for example, triphenyl phosphate was added to the list. The substance is used as a flame retardant and plasticizer, among other things. O,O,O-triphenyl phosphorothioate (TPPT) is also up for possible inclusion.
– Lead: Legal regulations on lead have been tightened. The European occupational exposure limit value has been lowered to 30 µg/m³, with a national adaptation period until April 2029 in TRGS 505. A further CLP classification may have an impact on the use of lead-containing alloys. The decision on RoHS exemptions relevant to mechanical engineering is still open.
Exchange of experience and discussion
In the concluding discussion, it became clear that the participants are calling for practicable regulation, particularly on PFAS, which takes into account the competitiveness of the industry. It is still unclear how the EU will proceed in the PFAS restriction procedure. There was consensus that a risk-based approach should take precedence, while transition periods must be clearly defined. Companies are nevertheless called upon to check their products for affected substances at an early stage and to examine possible alternatives.
Organizer
The event was offered by VDMA Nord and ProduktionNRW. ProduktionNRW is the cluster for mechanical engineering and production technology in North Rhine-Westphalia and is organized by VDMA NRW. ProduktionNRW sees itself as a platform for networking, informing and marketing companies, institutions and networks with each other and along the value chain. Significant parts of the services provided by ProduktionNRW are funded by the Ministry of Economic Affairs, Industry, Climate Protection and Energy of the State of North Rhine-Westphalia.