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Waste Framework Directive - SCIP database

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. 
 
Retailers1 and other supply chain actors supplying articles directly to consumers are not covered by the obligation to provide information to ECHA.
 
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/importer2), 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.
 
Notes:
1 Excluding retailers who are importers and/or producers.
2 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. 

Companies outside of the EU are not subject to this obligation and are not allowed to submit SCIP notifications.

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.

An EU importer may set up contractual agreements with their non-EU suppliers of articles to act on their behalf (as a ‘foreign user’1), regarding the submission of data to the SCIP database. However, the responsibility of the SCIP notification and its content still lies with the EU importer of articles. Please be aware that the third party users (‘foreign user’1) will see the same information as all other users in the ECHA IT Tools.

Notes:
1 A ‘foreign user’ is an external user from company B who has been appointed by the Legal Entity manager from company A to work for company A. A foreign user can perform actions on behalf of the company that grants him permission to use an account from their own ECHA account. Granting access to third party users (foreign users) will allow them to see the same information as all other users. It is important that companies agree the scope of access and how for example confidential information is handled. For more information on the ‘foreign user’, please consult Q&A 960 and the ECHA Accounts Manual.

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.

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