The RoHS Directive 2011/65/EU stipulates that it should be reviewed with regard to its effectiveness in order to determine whether partial adjustments to current circumstances are necessary or whether a new edition (RoHS 3) appears necessary.
On December 7, 2023, the European Commission published the "REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the review of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment".
The following is noted there:
- The introduction of the RoHS Directive reduced restricted substances in electrical and electronic equipment (EEE) by 66% from 2003 to 2016.
- The non-compliance rate is around 23 to 28% of the EEE checked.
Among other things, the Commission sees the exemption process as an obstacle to greater conformity. This process will therefore be transferred to the European Chemicals Agency (ECHA). The ECHA has not previously been involved in the RoHS process. However, it is the central body for other European chemicals legislation such as REACH, CLP, POPs and biocides. With the transfer of the exemption process and substance evaluation to the ECHA, chemicals evaluation in the European Union will be further centralized. This strengthens the "one substance - one assessment" principle from the Chemicals Strategy for Sustainability (CSS) from the Green Deal. In addition, coherence with other legislation is to be improved and the process made more transparent in order to avoid contradictory double regulation.
The European Commission has come to the conclusion that RoHS 2011/65/EU does not currently require a general revision. RoHS 3 is therefore not currently planned. Only targeted changes are to be made, such as the transfer of the exemption process or the deletion of irrelevant and outdated information. One reason for no general revision at the current time is the comparison with other legal instruments that are also currently being revised, such as the REACH Regulation.
In addition, the RoHS FAQs (2012) are to be revised in order to define the terminology more clearly and to take account of technical and scientific progress. Outdated interpretations are also to be removed.
The report concludes with considerations for a future revision of the RoHS Directive. These include, among other things, consideration of the scope of application. Despite the open scope, commercial photovoltaic modules are currently exempt, on the grounds that the growth of renewable energies should not be hindered. However, this does not create an incentive to develop alternatives without the restricted substances.
Another serious consideration is that fees could be introduced for the use of the temporary exemptions from Annexes III and IV in order to create a further incentive for substitution.
However, these points need to be examined in future assessment procedures and consultations.
If you have any questions about the RoHS Review Report, please do not hesitate to contact us. We're here to help!
Author
Linda Kritzler (B. A.)
Material & Environmental Compliance Consultant
