The EU Council has adopted a compromise text amending the RoHS Directive (2011/65/EU) to transfer key scientific and technical tasks from the European Commission to the European Chemicals Agency (ECHA), as part of the 'One Substance, One Assessment' (OSOA) initiative. The changes, agreed during a Council meeting on 13 May 2024, aim to streamline chemical safety evaluations for electronics by aligning exemption and restriction procedures with those under the REACH Regulation.
Document Details and Scope
The document, published on 2 October 2026, is a meeting document from the Council's environment formation. It represents a legislative orientation, not a final adoption, and includes a Presidency compromise text that modifies the original Commission proposal. The amendments focus on Articles 5 and 6 of the RoHS Directive, which govern exemptions from substance restrictions and the addition of new restricted substances. Under the new rules, ECHA's Committee for Socio-economic Analysis (SEAC) and, where needed, the Committee for Risk Assessment (RAC) will evaluate exemption applications and prepare restriction dossiers, tasks previously handled by the Commission.
Policy Orientations and Trade-offs
The reform introduces several trade-offs. On one hand, centralising assessments at ECHA is expected to enhance consistency and efficiency across chemical legislation, reducing duplication and improving transparency for stakeholders. On the other hand, the shift raises concerns about administrative burden and resource allocation: the compromise text includes provisions to ensure adequate resources for ECHA, but industry groups may face longer evaluation times during the transition. Additionally, the text clarifies data confidentiality rules, balancing industry's need to protect proprietary information with public access to safety data. Flexible review periods for the restricted substances list aim to keep pace with scientific developments, but could delay restrictions if reviews are postponed.
Impact on Stakeholders
- EU producers of electronics: They will benefit from streamlined exemption processes but may face initial adaptation costs as procedures change. The shift to ECHA could reduce uncertainty, but resource constraints at the agency might slow down evaluations.
- ECHA: The agency gains a significant new workload, requiring additional staff and expertise. The compromise text's resource guarantees are positive, but implementation risks remain if funding is insufficient.
- National authorities: They will see a reduced role in direct assessments, potentially losing some influence over national chemical safety priorities. However, they gain from more consistent EU-wide evaluations.
- NGOs and civil society: They may welcome increased transparency and scientific rigour, but could criticise any delays in restricting hazardous substances due to procedural changes.
Expected Institutional Follow-up
The Council's compromise text will now be negotiated with the European Parliament, which has yet to adopt its position. The Parliament's Environment Committee is expected to scrutinise the resource implications and data confidentiality rules. Once both institutions agree, the final legislation will be adopted, with implementation likely phased over several years to allow ECHA to build capacity. The OSOA initiative as a whole continues to shape EU chemicals policy under the European Green Deal and the Chemicals Strategy for Sustainability.