Links between the RoHS Directive and the REACH Regulation

• Author: Clemm, Christan; Löw, Clara; Baron, Yifaat; Moch, Katja; Möller, Martin; Köhler, Andreas R; Gensch, Carl-Otto; Deubzer, Otmar
• Pages: 11-15

European Commission

Cd QD Exemption evaluation

11

3. Links between the RoHS Directive and the REACH

Regulation

Article 5 of the RoHS 2 Directive 2011/65/EU on “Adaptation of the Annexes to scientific

and technical progress” provides for that:

“inclusion of materials and components of EEE for specific applications in the lists

in Annexes III and IV, provided that such inclusion does not weaken the

environmental and health protection afforded by Regulation (EC) No

1907/2006”.

Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorisation and

Restriction of Chemicals (REACH) regulates the manufacturing, use or placing on the

market of chemical substances on the Union market. REACH, for its part, addresses

hazardous substances through processes of authorisation (substances of very high

concern) and restriction (substances of any concern):

▪ Substances that may have serious and often irreversible effects on human health

and the environment can be added to the candidate list to be identified as

Substances of Very High Concern (SVHCs). Following the identification as SVHC, a

substance may be included in Annex XIV of the REACH Regulation (Authorisation

list): “List of Substances Subject to Authorisation”. If a SVHC is placed on the

Authorisation list, companies (manufacturers and importers) that wish to continue

using it, or continue placing it on the market, must apply for an authorisation for a

specified use. Article 22 of the REACH Regulation states that:

“Authorisations for the placing on the market and use should be granted by the

Commission only if the risks arising from their use are adequately controlled, where

this is possible, or the use can be justified for socio-economic reasons and no suitable

alternatives are available, which are economically and technically viable.”

▪ If a Member States or the European Chemicals Agency (ECHA) upon request of the

Commission considers that the manufacture, placing on the market or use of a

substance on its own, in a mixture or in an article poses a risk to human health or

the environment that it is not adequately controlled, it shall prepare a restriction

dossier. ECHA has also the initiative to prepare a restriction dossier for any

substance in the authorisation list if the use of that substance in articles poses a risk

to human health and the environment that is not adequately controlled. The

provisions of the restriction may be made subject to total or partial bans, or

conditions for restrictions, based on an assessment of the risks and the assessment

of the socio-economic elements.

The approach adopted in this report is that once a substance has been included into the

Annexes related to authorisation or restriction of substances and articles under the

REACH Regulation, the environmental and health protection afforded by REACH may be

weakened in cases where an exemption would be granted for these uses under the

provisions of RoHS. This is essentially the same approach as it has first been adopted