The Council of the European Union has published a compromise text proposing to transfer scientific and technical tasks for hazard assessment under the Restriction of Hazardous Substances (RoHS) Directive to the European Chemicals Agency (ECHA), as part of the broader 'One Substance One Assessment' (OSOA) initiative. The move, outlined in a document dated 2 October 2026, would amend Directive 2011/65/EU and primarily impact manufacturers of electrical and electronic equipment, national enforcement authorities, and ECHA itself.
Document Details and Support
The contribution, prepared under the current Council Presidency, reflects discussions among member states. Spain, France, and Italy have expressed support for the Presidency's compromise text, which aims to streamline chemical safety assessments by centralising hazard evaluation tasks at ECHA. The OSOA initiative seeks to improve efficiency and consistency in chemical risk assessment across EU legislation.
Portugal Raises Resource Concerns
Portugal, while broadly supportive of the transfer, reiterated concerns about ensuring ECHA committees have adequate resources and governance to handle the additional workload. Lisbon suggested that these issues be addressed in the ECHA Basic Regulation rather than in the RoHS amendment itself, indicating a preference for a cross-cutting solution rather than piecemeal adjustments.
Policy Trade-offs and Impact on Stakeholders
The re-attribution is expected to create both efficiencies and challenges. For ECHA, the new tasks could strain existing resources if not accompanied by adequate funding and staffing, potentially delaying hazard assessments. For EU producers of electrical and electronic equipment, centralised assessment may reduce duplication and regulatory uncertainty, lowering compliance costs over time. However, national authorities may lose some direct influence over RoHS-specific assessments, shifting oversight to the EU level. Consumer and environmental groups could benefit from more consistent and scientifically robust hazard evaluations, though they may worry about reduced national accountability.
Institutional Follow-up
The compromise text will now be discussed further in Council working parties, with the aim of reaching a general approach. Once agreed, the European Parliament will be consulted before final adoption. The outcome will also feed into parallel OSOA discussions affecting other chemical legislation, such as REACH and the Classification, Labelling and Packaging (CLP) Regulation.