The obligation for EU based entities to report data on SVHC containing products to the SCIP database (short for Substances of Concern in articles as such, or in complex objects (products)) has been laid down in Article 9 of the 2018 revision of the EU Waste Framework Directive. As a directive, it will have to be transposed into national law by each EU member state, often allowing for some country specific adaptations.
In the case of the German transposition of the Waste Framework Directive’s SCIP obligation, several trade organizations and duty holders have argued, that the German legal act would not require the submission of data to the SCIP database set up by ECHA.
To clarify matters after half a year of SCIP reporting a “kleine Anfrage” to German Government answered these matters.
It is stated clearly that the German law can only be interpreted in conformity with EU law in such a way that the information must be supplied directly to the SCIP database. This is based on the principle of “effet utile” i.e., the interpretation of EU law that is oriented on the achievement of the objectives of the legal act.
In addition, ECHA has stated repeatedly that they will not consider any data submitted outside of the database submission options.
In addition, when asked about goodwill in enforcement, the Federal Government states that there is the option for enforcement authorities to respond appropriately in individual cases where companies were faced with difficulties in data collection or submission through no fault of their own.