Can REACH declarations be used for RoHS?

Question: Can suppliers use EU REACH SVHC declarations to make submissions for the updated EU RoHS Directive (2015/863), since the additional 4 substances (phthalates) are already listed under EU REACH SVHC candidate list?

Answer: No, because compliance with REACH Article 33 does not automatically mean compliance with EU RoHS. Even if an identical substance is included in the Candidate List, the threshold and reporting requirements can differ. 

REACH does not have homogeneous-material reporting requirements, while EU RoHS does. Homogeneous-level means that the substance cannot occur above 1000 ppm (0.1%) (or 100 ppm, 0.01%, for Cadmium) at any point of measurement for any of the materials used to construct the product. Because the thresholds for REACH are set at the article level, there may be multiple homogeneous materials contained within a single article, but the weight of the entire article would be used as the denominator of the calculation. This is why you cannot assume that compliance with REACH Article 33 also means compliance with EU RoHS.

If suppliers confirm that their products contain no EU RoHS substances over the RoHS thresholds, they should also be able to say that the EU RoHS substances are below the 0.1% w/w threshold at the article level for REACH article 33. However, they would also need to survey for the remaining 180+ SVHCs on the list before being able to issue a REACH declaration.

Phthalates have been on the SVHC list since 2008; this does not imply conformity with the RoHS Amendment because the declaration level (article vs homogeneous material) is different and could lead to a different declaration statement.  It is always best to get the appropriate information for each specific regulation.

When declaring against a specific regulation it is important to include the name of regulation, and the specific substances or the substance list date in the declaration to confirm that the regulation as written and as of the current date is complied with to avoid ambiguity. This is another reason to ensure a separate, specific declaration is used for each regulation.  

Content current as of 2018-12-13.

References: (PDF)

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