While the world is preparing for the rollout of the Substances of Concern In Products (SCIP) database, one common misconception is that the reporting requirements of the Waste Framework Directive (WFD) will be legally binding across the entire EU. Directives like the WFD must be transposed into regional law by each member state of the European Economic Area (EEA).

This leaves manufacturers, suppliers, and importers in flux, wondering how exactly their industry will be impacted by new requirements. It is possible that EEA states may decide not to adopt the WFD into law or perhaps only adopt part of it, which may affect reporting requirements in your industry.

Transposition of Waste Framework Directive

Transposition of directives means that each member state reviews the requirements for the directives and then determines if they want to accept the requirements in whole, partially, or not at all. Member states will then enforce these transposed directives accordingly.

The SCIP database reporting requirements were supposed to be transposed by July 5, 2020. However, as of today, only a handful of member states have legislation on the dockets, and only a few of these have formally accepted the directives. Of these, only Belgium, Italy and Spain have accepted the entirety of the directive.

This has also brought about the first signs of divergence. France, Germany and the Netherlands have also transposed the WFD SCIP reporting requirements. They did not, however, agree that all SCIP data points were required. Rather, they have limited the scope of the required reportable data to align with the REACH Article 33 requirements. This excludes reporting on article identifiers, TARIC codes and material/mixture categories — all data points the WFD has required.

Handling Reporting Uncertainty

As the January 5, 2021, SCIP database requirement approaches, uncertainty in the reporting requirements will continue. Since the requirements are not legally binding until countries transpose the directive, the submission requirements for the entire EU market are still in debate. As of now, it looks like countries who adopt all the WFD reporting requirements will utilize the SCIP database for reporting, while the countries that do not will have their own unique reporting process.

Even with this uncertainty, you can still make preparations for SCIP reporting. Survey your supply chain so you understand the presence of possible chemicals of concern. Communicate with your customers and your suppliers so you understand the data that may be required.

Tetra Tech regulatory compliance experts are preparing for all possible reporting requirement scenarios. If you have questions or need help with SCIP database reporting, contact our team of experts at reach@tetratech.com. Also, be on the lookout for our upcoming SCIP training.

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