EU Reassigns RoHS Exemption Assessments and Restriction Tasks to ECHA from 2027

On 12 December 2025, the European Union published Directive (EU) 2025/2456 in the Official Journal, amending the Restriction of Hazardous Substances (RoHS) Directive (2011/65/EU) to transfer specific scientific and technical responsibilities from the European Commission to the European Chemicals Agency (ECHA).

Adopted on 26 November 2025, the Directive introduces amendments affecting both the substance restriction framework under Annex II and the procedures for exemption applications under Annex V, with different application dates.

Changes to Substance Restrictions Under Annex II

The Directive amends the framework governing substance restrictions set out in Annex II of the RoHS Directive. Under the revised provisions, ECHA is assigned a formal role in the preparation of restriction dossiers. Restriction proposals may be prepared either by a Member State or by ECHA acting at the request of the European Commission.

The Directive also introduces a requirement for the Annex II list of restricted substances to be reviewed periodically, at least every four years. The provisions related to Annex II will apply from 13 August 2027.

Key Changes to RoHS Exemption Procedures Under Annex V

The Directive revises the procedural rules governing RoHS exemption applications set out in Annex V, transferring responsibility for the scientific and technical assessment of applications to ECHA.

• Submission of exemption applications: Under the revised framework, all future RoHS exemption applications, including renewals, must be submitted directly to ECHA rather than to the European Commission. This change applies to exemptions listed in Annex V of the RoHS Directive. Once an application is deemed complete, ECHA will manage the subsequent assessment steps.
• Scientific and socio-economic assessment: As part of the new procedure, ECHA must seek the opinions of both the Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC) when evaluating exemption applications.
• Renewals and decision timelines: The Directive does not amend the existing deadline for submitting renewal applications. Applications for renewal must continue to be submitted no later than 18 months before the expiry of the relevant exemption.

Following receipt of the committees’ opinions, the European Commission has nine months to adopt a decision. Existing exemptions will remain valid until a renewal decision has been made.

ECHA is also tasked with developing a harmonised format and guidance for exemption applications. The revised Annex V procedures will apply from 27 August 2027.

Broader Shift in EU Chemicals Governance

The reassignment of responsibilities under RoHS reflects a broader EU policy trend of consolidating scientific and technical assessments within ECHA to strengthen consistency across EU chemicals and product legislation. This approach aligns with the EU’s ‘One Substance, One Assessment’ framework, which aims to streamline chemical risk assessments by centralising scientific expertise within ECHA and reducing duplication across regulatory regimes.