SCIP database, use

Germany: Clarification on obligation to use the SCIP database

Companies based in Germany will only properly fulfill their information obligations to ECHA under Section 16 f ChemG if they do so by submitting their data to the SCIP database.

In its response to the “Kleine Anfrage” on “Taking Stock – Half a Year of the SCIP Database” (Drs. 19/32063), the German government clearly states that the transmission of information on the presence of candidate substances from Section 16f of the Chemicals Act to ECHA can only be fulfilled by using the SCIP database.

With reference to the principle of “effet utile”, according to which Union law is to be interpreted in such a way that the intended objective is achieved, the use of the database is indispensable in order to collect and record the information and data required to promote a circular economy in an orderly and competition-neutral manner. With this interpretation of Article 9 (2) of the Waste Framework Directive, the German government also sees no need for a further clarifying legal ordinance in this regard.

For companies based in Germany, this means that information pursuant to Article 33 of the REACH Regulation must be submitted to the SCIP database without delay as soon as the obligation to inform exists – in other words, as soon as a candidate substance is contained in an article in a concentration of at least 0.1 % w/w. No further transitional period or goodwill provision is envisaged! As the lead time for data collection is usually rather substantial, companies should immediately start with the implementation of the notification requirement.

For a comprehensive introduction to the topic, our on-demand NovaLoop webinar “SCIP for SMEs” is available to you at no charge. In addition, we support you with all questions around the topic of SCIP – from the initial consultation to the successful SCIP entry! Please feel free to contact us.