EU – General Review of RoHS Directive

The European Commission is starting to pick up the pace on its general review of the RoHS Directive.  The results from the review will be incorporated into the next major revision of the RoHS Directive (RoHS2 -> RoHS3).  The review of additional substances to be added was already concluded a couple years ago, but the Commission is also looking at fundamental changes to address practical operation of the Directive, administrative burden, and complexity of the processes. Some of the aspects being reviewed include:

  • provisions and procedures on granting/renewing/revoking exemptions to substance restrictions;
  • the process of reviewing the list of restricted substances;
  • enforcement difficulties, in particular in the context of e-commerce;
  • unclear and outdated provisions on spare parts or scope, and insufficient provisions to support the circular economy.
  • Consistency with REACH and the upcoming ecodesign regulation

In a recent call for evidence[1] (February 14 to March 14), the Commission described several options and sub-options that are being considered and may be summarized as:

  • Maintain the RoHS Directive as it stands and introduce certain non-legislative (‘soft’) measures, such as an update of the RoHS FAQ document.
  • Simplify and clarify the RoHS Directive by introducing and revising legislative (‘hard’) measures and soft measures, such as clarifying, improving, or reforming the exemption process and substance restrictions trigger process, and coherence with other legislation primarily REACH and Ecodesign.
  • Transform the RoHS Directive into a regulation.
  • Repeal the RoHS Directive and incorporate its provisions into the REACH Regulation.
  • Repeal the RoHS Directive and address product requirements under sustainable products legislation in the context of the Sustainable Products Initiative.

The Commission is asking for evidence related to these options.

Starting on March 10th, a separate public consultation[2] is being held for 12-weeks until June 2, 2022.

[1] EU RoHS call for evidence,

[2] EU RoHS public consultation,