What is the legal basis of the SCIP database?

The basis for the reporting obligation in the SCIP database is the European Waste Framework Directive (ARRL), Article 9, and the REACH Regulation, Article 33. These had to be transposed into national law by the Member States by 05.07.2020. Since 05.01.2021, there has been a notification obligation for articles containing substances of very high concern in a proportion of more than 0.1 percent by weight. Recipients of the articles must receive information for safe use, but at least the name of the substances concerned. 

In Germany, the Waste Framework Directive has been implemented with § 16f of the Chemicals Act ChemG and the basis for entry in the database has been laid. More detailed information is to be provided by a legal ordinance, which, however, has not yet been issued.

The obligation to notify articles containing SVHC concerns manufacturers, assemblers, importers and distributors who place articles on the market and are established in the EU. In principle, every supplier of an article in the EU is obliged to notify. In case of deliveries from outside the EU, the respective importer is obliged to notify. 

The decisive factor is the concentration of SVHC in their articles of more than 0.1 percent by weight. Retailers who supply to consumers, on the other hand, do not have to submit a notification.