Summary

• Author: Clemm, Christan; Löw, Clara; Baron, Yifaat; Moch, Katja; Möller, Martin; Köhler, Andreas R; Gensch, Carl-Otto; Deubzer, Otmar
• Pages: 9-10

Methodology for Identification and Assessment of substances

for inclusion in Annex II under RoHS

9

I Summary

The following report constitutes the Manual Methodology for Identification and Assessment of Sub-

stances for Inclusion in the List of Restricted Substances (Annex II) under the RoHS Directive. This

manual is based on a revision of a manual prepared in 2013 by the Austrian Umweltbundesamt

(AUBA 2013).

In relation to the AUBA methodology, the following aspects have been subject to a more thorough

revision:

•The interpretation of Article 6 has been revised. In particular, a revision has been undertaken of

the criteria specified therein, fulfilment of which is to be established to justify the listing of addi-

tional substances in Annex II of the Directive (the list of restricted substances). In cases where

the use of a substance could give rise to uncontrolled or diffuse releases into the environment

(Article 6(1)(b)), a restriction may now also be justified. To this end, the methodology has been

revised to take into consideration the occurrence of such impacts.

•The link to other legislations and policies of relevance has been detailed in relation to the Waste

Framework Directive and in relation to the Communication on the interface between chemical,

product and waste legislation.

•Detail as to the relation between the REACH Regulation and the RoHS Directive has been re-

vised, following the publication of the Common Understanding Paper (COM 2014) as to the rela-

tion between these two legislations.

•The various sources specified for collection of information for the update of the substance inven-

tory and for the assessment of substances have also been updated - revising links to such

sources in some case and adding further sources where relevant.

A first draft of this methodology was subject to a stakeholder consultation held between 26 October

2018 to 21 December 2018. A list of stakeholders who have made a (non-confidential) contribution

has been added in Appendix A.7. A summary of the main issues addressed through contributions

is available on the consultation website1. Among others, the following issues raised through contri-

butions have furthermore been integrated into the current methodology:

•Reference to Directive 2018/851/EU (Waste Framework Directive) and to Communication on the

interface between chemical, product and waste legislation has been revised.

•Additional detail has been added on how the precautionary principle is to be applied.

•Additional detail has been added on when RoHS restrictions can be considered justified based

on the 6(1) criteria in connection with the Article 6(2) information requirements, in particular

when the benefits expected to incur through a restriction are considered proportionate to the

costs of its implementation.

•Information on endocrine disruptive properties of substances has been updated on the basis of

the Communication Towards a comprehensive European Union framework on endocrine disrup-

tors.

•Some clarifications have been added regarding Member State proposals.

1 See: https://rohs.exemptions.oeko.info/index.php?id=341