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REPORT (COM(2023)0781 – C90448/2023 – 2023/0454(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directive 2011/65/EU of the European Parliament and of the Council as regards the re-attribution of scientific and technical tasks to the European Chemicals Agency

A-10-2025-0019

Committee on the Environment, Climate and Food Safety · Rapporteur: Dimitris Tsiodras

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Parliament's amended version of the proposed directive re-attributing scientific and technical tasks under Directive 2011/65/EU to the European Chemicals Agency (ECHA). It sets rules for applications, renewals, reviews, and restrictions of substances in electrical and electronic equipment. The amendments require ECHA to reject incomplete applications, publish requests for opinions, set deadlines for renewal decisions, mandate periodic reviews of restricted substances at least every 36 months, and specify content for restriction dossiers. It also requires the Commission to consult member state experts before adopting delegated acts, monitor ECHA's resources, and extends the transitional period to 18 months.

Committee position. The Committee on the Environment, Climate and Food Safety proposes to amend the Commission proposal, extending transitional periods, strengthening ECHA's role, and adding requirements for reviews and consultations.

Key points

  1. ECHA must reject an application if the applicant does not complete it with missing elements within the deadline, and must communicate the date the application is considered complete.
  2. ECHA must make publicly available on its website its opinions and attachments, including requests made in accordance with point (c) of the second subparagraph.
  3. Applications for renewal of an exemption must be made no later than 18 months before expiry; the Commission must decide within six months of receiving ECHA's opinions, and the existing exemption remains valid until then.
  4. The Commission must consider reviewing and amending the list of restricted substances in Annex II periodically and at least every 36 months, on its own initiative or following a Member State's restriction dossier.
  5. Reviews and amendments of the list of restricted substances or groups of substances must be based on restriction dossiers prepared by ECHA or a Member State, taking into account information from other Union legislation covering any part of the life cycle.
  6. Restriction dossiers must include the identity of the substance, precise wording for the entry, references and scientific evidence, information on alternatives, justification for a Union-wide restriction, and a socio-economic assessment.
  7. Before adopting a delegated act, the Commission must consult experts designated by each Member State in accordance with the Interinstitutional Agreement on Better Law-Making.
  8. The Commission must monitor ECHA's resources, tasks, workload and remit of its scientific committees, and present a legislative proposal if necessary to reflect needs and improve governance.
  9. The directive applies from 18 months after publication, instead of 12 months as originally proposed.

Who is affected

  • European Chemicals Agency: gains new tasks, must handle applications and prepare restriction dossiers, and may face restructuring and resource needs.
  • Applicants for exemptions under Directive 2011/65/EU: must meet deadlines or face rejection; renewals must be filed earlier.
  • Member States: may submit restriction dossiers and must be consulted before delegated acts are adopted.
  • Manufacturers and users of electrical and electronic equipment: affected by changes in restriction procedures and review cycles.

Figures and deadlines

  • 36 months: minimum period for periodic review of the list of restricted substances.
  • 18 months: deadline for renewal applications before exemption expires.
  • 6 months: time for the Commission to decide on renewal applications after receiving ECHA's opinions.
  • 18 months: transitional period after publication before the directive applies.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union