Q&As

Vous désirez rechercher la question et la réponse pertinentes dans votre propre langue? Changez la langue dans le menu déroulant ci-dessus.

Waste Framework Directive - SCIP database

Background and scope

What is the SCIP database?

The revised Waste Framework Directive 2008/98/EC, which entered into force in July 2018, provided a role for ECHA to establish and maintain a database with information on substances of concern in articles, as such or in complex objects (products), named as “SCIP database”. 

The information will be submitted by companies supplying articles containing SVHCs on the Candidate List placed on the EU market. The SCIP database will ensure that this information is available throughout the whole lifecycle of articles and materials, including at the waste stage.

What are the objectives of the SCIP database and how can it contribute to a more circular economy?

The three main objectives of the SCIP database to support the circular economy are the following:

1. Decrease the generation of waste containing hazardous substances by supporting the substitution of substances of concern in articles placed on the EU market. 
2. Make information available to further improve waste treatment operations.
3. Allow authorities to monitor the use of substances of concern in articles and initiate appropriate actions over the whole lifecycle of articles, including at their waste stage.

The primary goal remains the substitution of the Candidate List substances of very high concern in articles with safer alternatives, and thus preventing the generation of waste containing those hazardous substances.

The information available in the SCIP database will support waste operators to improve their waste separation and recycling techniques and processes over time, based on the increased knowledge of which substances are present in which articles. Waste operators do not currently have sufficient information about hazardous substances in the waste they are processing –leading, in the worst case– to such substances being incorporated in recycled materials. The database aims to bridge the current gap in the information flow.

The increased transparency will also benefit consumers and give them the opportunity to make better informed purchase decisions, as well as give them transparent information on safe use and disposal advice for articles on the EU market. Finally, improved knowledge of the presence and use of substances of concern will benefit authorities in their regulatory work.

Ultimately, the database should facilitate the transition to a more sustainable material management by increasing the efficiency of resource use, and ensuring waste is valued as a resource.

Where is this new obligation for suppliers of articles coming from?
The Article 9(1)(i) of the Waste Framework Directive 2008/98/EC  extends the REACH Article 33  duties of suppliers of articles to communicate, under certain conditions, information about the presence of Candidate List substances in their articles down the supply chain and to consumers (upon request) , by requiring them to submit that information also to ECHA.
 
These obligations of the Directive will also be transposed into the national law of the EU Member States.
 
Further information:
Which articles and substances are within the scope of the obligation?

The obligation covers all articles placed on the EU market containing a substance of very high concern on the Candidate List in a concentration above 0.1% w/w. 

Substances fulfilling one or more of the criteria defined in REACH Article 57 can be identified  as Substances of Very High Concern (SVHCs) and put on the Candidate List  for authorisation. New substances are regularly added to the Candidate List, usually twice a year.

The obligation applies to any article as such or in a complex object, i.e. an object made up of more than one article, because articles that are assembled or joined together remain articles. Furthermore, an import is deemed to be ‘placing on the market’, thus any imported article into the EU is covered by the obligation, including any supply via internet sales that involve an import.     

The obligation covers articles, as such or in complex objects, as they are supplied, including “spare parts”. Articles or complex objects that are repaired, provided that they are not supplied, are not covered by the legal duty.  

Information on articles supplied directly and exclusively to consumers, without the participation of a distributor or other actor in the supply chain, will not be included in the SCIP database, as any direct supply to consumers is not covered by the legal obligation.

Further information:

https://echa.europa.eu/substances-of-very-high-concern-identification-explained

https://echa.europa.eu/candidate-list-table

Is there any exemption in the interest of defence?

Where necessary, in the interests of defence, Member States may allow for exemptions from the REACH Regulation in specific cases for certain substances on their own, in a mixture or in an article (Article 2(3) of the REACH Regulation). 

Therefore, in case a Member State considers that the reporting obligations are detrimental to its national interests in the area of defence, then a Member State may choose to invoke this article to provide a specific exemption from the obligation of Article 33(1) of REACH, and to Article 9(1)(i) of the WFD respectfully. Furthermore, Member States are not obliged to supply information the disclosure of which they consider to be contrary to the essential interests of its security (Article 346 TFEU1).

Notes: 
1 Treaty on the Functioning of the European Union.

(source: Commission non-paper on the implementation of articles 9(1)(i) and 9(2) of the revised Waste Framework Directive 2008/98/EC, distributed to the CARACAL and Waste Expert Group in June 2019, ref. Ares(2019)3936110).

Is the obligation of providing information to the SCIP database an additional burden for duty holders?

Duty holders only need to provide information on those articles which contain Candidate List substances. The vast majority of articles on the EU market do not contain them. 

Substitution remains the overall goal: the most hazardous substances should be phased out over time. 

The information required for the SCIP database must already be communicated throughout the supply chain under REACH Article 33(1). The SCIP database therefore complements the existing communication and notification obligations for Candidate List substances in articles under Articles 33 and 7(2) of REACH, and should reinforce compliance with them . 

ECHA is exploring the possibility of using the information already submitted by the upstream supplier to allow duty holders to refer to each other’s notifications in case it concerns the same article, thereby reducing administrative burden and avoiding duplications.

ECHA will also provide for a system-to-system submission solution which will automate the submission process for these articles. Companies will be able to connect their supply chain tracking tools to ECHA’s database to set up automated submission procedures and avoid manual work. 

Since the beginning of the project, ECHA has been in contact with several industry sectors and supply chain communication-tool providers to understand the needs and existing practices.

Duty holders

Which suppliers of articles have the obligation to provide information to ECHA?
The following suppliers of articles need to provide information to ECHA:
- EU producers and assemblers, 
- EU importers, 
- EU distributors of articles and other actors who place articles on the market. 
Retailers and other supply chain actors supplying articles directly to consumers are not covered by the obligation to provide information to the SCIP database.
 
According to Article 3(33) of the REACH Regulation, the supplier of an article means ''any producer or importer of an article, any distributor or other actor in the supply chain who places an article on the market"
 
The obligation to provide information to ECHA starts with the first supplier (producer/importer1), because they have or should have the best knowledge of the article. Concerning other suppliers further down in the supply chain (such as distributors who are not importers), a pragmatic approach may be sought as regards to the way they fulfil their obligation, such as making reference to information already submitted by the upstream supplier. Such an approach would avoid double reporting and thereby limit unnecessary administrative burden for both duty holders and authorities.
 
Retailers supplying articles to consumers are not covered by the obligation to communicate information to ECHA as the definition of “recipient of an article” refers to industrial or professional users, or distributors being supplied with an article, but does not include consumers (Article 3(35) of the REACH Regulation). 
 
Notes:
1 Including distributors who are also importers.
 
(source: Commission non-paper on the implementation of articles 9(1)(i) and 9(2) of the revised Waste Framework Directive 2008/98/EC, distributed to the CARACAL and Waste Expert Group in June 2019, ref. Ares(2019)3936110).

 

What if I am an articles supplier from outside of the EU?

The responsibility for fulfilling the obligation of providing information to ECHA lies with the EU importers. 

Importers of articles in the EU however, need to turn to their non-EU suppliers of articles and request information that they need to fulfil their regulatory obligations, such as the obligation to provide information to the SCIP database. As a non-EU supplier of articles, you should support your EU customers by providing them the necessary information about the presence of Candidate List substances in your supplied articles.

Who is responsible for the enforcement of this legal duty?
The obligations of the Waste Framework Directive will be transposed into the national law of each EU Member State, the enforcement of which is the responsibility of these Member States.
Information requirements and confidentiality

What information needs to be communicated to ECHA?
The information required for the SCIP database must already be communicated throughout the supply chain under REACH Article 33(1). Therefore, besides administrative contact details, suppliers of articles need to submit the following informatio n to ECHA:
 
- information that allows the identification of the article;
- the name, concentration range and location of the Candidate List substance(s) present in that article; and
- other information to allow the safe use of the article, notably information to ensure proper management of the article once it becomes waste. 
 
Duty holders can provide further information on a voluntary basis.
 
A detailed list of all information requirements is given in the "Detailed Information Requirements" document:     
 
Article 9(1)(i) of the revised Directive 2008/98/EC on waste (hereafter referred to as the Waste Framework Directive or the WFD) requires "that any supplier of an article as defined in point 33 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency as from 5 January 2021".
 
According to Article 33(1) of Regulation (EC) No 1907/2006 (the REACH Regulation): "Any supplier of an article containing a substance meeting the criteria in Article 571and identified in accordance with Article 59(1)2 in a concentration above 0,1 % weight by weight (w/w) shall provide the recipient of the article with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance".
 
An objective3 of Article 33(1) of the REACH Regulation is to enable supply chain actors to manage the risks arising from the use of articles containing substances of very high concern (SVHC) that are put on the "Candidate List"4.
 
Article 9(2) of the WFD provides that information pursuant to Article 33(1) has to be included in a database to be used primarily by waste treatment operators. The information made available to those operators via the database has to be useful for the waste treatment phase of the article’s lifecycle, and enable the identification and effective treatment of waste containing SVHC, as laid down in recital 38 of the WFD elaborating the objective of the database:
 
"When products, materials and substances become waste, the presence of hazardous substances may render that waste unsuitable for recycling or the production of secondary raw materials of high quality… It is necessary to promote measures to reduce the content of hazardous substances in materials and products, including recycled materials, and to ensure that sufficient information about the presence of hazardous substances and especially substances of very high concern is communicated throughout the whole life cycle of products and materials. In order to achieve those objectives, it is necessary to improve the coherence among the law of the Union on waste, on chemicals and on products and to provide a role for the European Chemicals Agency to ensure that the information about the presence of substances of very high concern is available throughout the whole life cycle of products and materials, including at the waste stage.” 
 
In view of these elements, the information to be provided to ECHA based on Articles 9(1)(i) and (2) of the WFD has to include information available to the supplier that allows: 
- the identification of the article; 
- the SVHC in the article, its concentration range and its location, as appropriate; and 
- possibly any other information on the safe use of the article, notably information which is necessary to ensure proper management of the article once it becomes waste. 
 
Therefore, the minimum available information which the supplier has to communicate to ECHA consists of: 
i) information relevant to the identification of the article; 
ii) name, concentration range and location of the SVHC; 
iii) where information in point ii) is not sufficient, other information on the safe use of the article, in particular, available information that is relevant to ensure proper management of the article as waste. 
 
ECHA may envisage the possibility for the supplier to provide other information on a voluntary basis. 
 
ECHA has implemented this approach in the "Detailed Information Requirements" document for the database.
 
Notes:
1Article 57 defines criteria for substances to be included in the Candidate List.
2Article 59 sets out the procedure for the purpose of identifying substances meeting the criteria referred to in Article 57 and establishing a Candidate List.
3Further details on the aim of REACH Article 33, please see subchapter 3.2.1 of the Guidance on requirements for substances in articles and paragraphs 77 and 78 of the judgment of the Court of Justice in case C-106/14.  
4See recitals 56 and 58 of the REACH Regulation.
 
(source: Commission non-paper on the implementation of articles 9(1)(i) and 9(2) of the revised Waste Framework Directive 2008/98/EC, distributed to the CARACAL and Waste Expert Group in June 2019, ref. Ares(2019)3936110).
Why is information requested at article level?
According to the legal provisions of Article 9(1)(i) of the Waste Framework Directive and of REACH Article 33(1), the information to be provided to the SCIP database should be on the article, as such or in a complex object, containing the Candidate List substance. 
 
This interpretation follows the conclusions of the judgment of the Court of Justice in case C-106/14.     
Will ECHA publish the data submitted into the SCIP database and what about confidential business information?

The information submitted to the SCIP database will be publicly available and therefore readily available to waste operators to bridge the current gap in the information flow. 

ECHA will publish the information, as received, on its website. The quality of the data remains the responsibility of each duty holder.

At the same time, ECHA will ensure the protection of confidential business information where justified. For example, the required mandatory data that allow to establish links between actors in the same supply chain will not be made publicly available.

Timelines

From which date should information be communicated to ECHA?

As from 5 January 2021, information on articles containing SVHCs (on the Candidate List) in a concentration above 0.1% w/w placed on the EU market needs to be notified to ECHA.

According to Article 9(1)(i) of the WFD, suppliers should provide to ECHA the information pursuant to Article 33(1) of REACH Regulation from 5 January 2021 onwards. The WFD entered into force on 4 July 2018 and will have to be transposed into national law by Member States by 5 July 2020. Member States should ensure national rules are in place to oblige all suppliers to provide information to ECHA from 5 January 2021

The information requirements of the database are available on the ECHA website in order to guarantee full transparency towards the stakeholders, allow sufficient time to adapt their IT systems, where necessary, and enable them to prepare their notifications in due time before 5 January 2021.

(source: Commission non-paper on the implementation of articles 9(1)(i) and 9(2) of the revised Waste Framework Directive 2008/98/EC, distributed to the CARACAL and Waste Expert Group in June 2019, ref. Ares(2019)3936110).

Tools for preparing and submitting information

Which tools will be available for preparing and submitting information to the SCIP database?
ECHA will make available the submission tools for preparing and submitting information to the SCIP database. The submissions to the SCIP database can be prepared in the most suitable way, depending on your specific business needs and your IT systems:
 
- Online in IUCLID Cloud;
- Offline in IUCLID;
- Using a IUCLID-compatible dedicated format for SCIP submissions in your company’s own system.
 
The information to the SCIP database (dossiers) can be submitted through the ECHA Submission portal in one of two ways:
- Online through the ECHA Submission portal;
- Through a system-to-system (S2S) transfer from the company’s own system to the ECHA Submission portal for submissions (dossiers) created in your own system.
Who will perform validation checks on the information contained in my dossier?
Besides an automated data validation, ECHA does not perform any other checks  on the dossiers submitted to the portal. However, ECHA’s IT tools allow you to validate your own information before you submit in a validation report. Regardless of the support offered by ECHA’s automated validation tool, it will not replace the quality or adequacy of the information submitted which will remain responsibility of duty holders.

Categories Display