Q&A info

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 Waste Framework Directive (WFD1), suppliers should provide to ECHA the information pursuant to Article 33(1) of REACH Regulation from 5 January 2021 onwards. The revised WFD entered into force on 4 July 2018 to be transposed into national law by Member States by 5 July 2020. Member States were required to ensure national rules were in place to oblige all suppliers to provide information to ECHA as from 5 January 2021. 

The information requirements of the database were provided 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. A detailed list of all information requirements is given in SCIP support - Information requirements.

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).

¹ Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste

Since 5 January 2021, if substances present in an article as such or in a complex object placed on the EU market in a concentration above 0.1 % w/w are added to the Candidate List, the supplier of that article need to submit a new SCIP notification under Article 9(1)(i) of the Waste Framework Directive or update a previous submitted SCIP notification for that article at the time of the next supply or placement on the market to any customer or as a result of an import, after the substance has been included in the Candidate List.

The Guidance on requirements for substances in articles, in its subchapter 3.2.1 concerning the communication obligation down the supply chain (under Art. 33(1)), mentions that the "information is to be provided to the recipient of the article when the article is supplied for the first time after the inclusion of the substance into the Candidate List". Therefore, a SCIP notification should also be submitted to ECHA when the article is placed on the EU market for the first time after the inclusion of the substance into the Candidate List.  

For further information see the Guidance on requirements for substances in articles.