Electrical and Electronic Equipment falls in the scope of both, Directive 2011/65/EU (Recast RoHS Directive, or 'RoHS2') and Regulation (EC) No 1907/2006 (REACH).

Manufacturers of such equipment therefore have to implement the requirements stemming from both pieces of legislation. To be in a position to ensure full and timely compliance with all requirements applying on their products and processes due to either regulation, industry needs legal certainty, consistent requirements and no redundant overlaps in requirements.

Legislative overlaps and inconsistencies are however ever more imminent as REACH and RoHS2 implementations progress, especially in two areas:

• Existing and potential new restrictions on the use of certain substances in EEE and the related preparatory substance evaluation processes in RoHS2 and in REACH.
• The obligation on EEE manufacturers to seek REACH authorisations in addition to RoHS exemptions for same substances in same products and processes.

We welcome that the Commission has acknowledges these cases in its REACH Review Communication and is committed to minimise and avoid overlaps.