Understanding the Waste Framework Directive and SCIP Database

Manufacturing companies are bound to waste management practices and regulations issued under the European Parliament's Waste Framework Directive or WFD. The goal behind the directive is to avoid endangering biodiversity as well as human and environmental resources.

The European Union (EU) has long been at the forefront of efforts to promote sustainability and reduce waste. In 2008, the EU introduced the Waste Framework Directive (WFD), a comprehensive framework aimed at promoting sustainable waste management. In January 2021, a new provision was added to the WFD that requires certain manufacturers to submit information to the SCIP (Substances of Concern In articles, as such or in complex products) database.

WFD includes concepts and definitions related to identifying waste and by-products, recycling and recovery. It also establishes a ‘waste hierarchy’ to help businesses create a preference for the management and disposal of waste products.

Introduction to EU Waste Framework Directive (WFD)

The WFD sets out a series of measures that aim to prevent waste and promote recycling. The directive applies to all waste, including hazardous waste, and sets out a waste hierarchy that prioritizes waste prevention, reuse, and recycling over disposal. The WFD also includes provisions on extended producer responsibility, which requires producers to take responsibility for the environmental impact of their products.

The WFD defines waste as "any substance or object which the holder discards or intends or is required to discard". It also defines recycling, recovery, and by-products. The waste hierarchy is a fundamental principle of the directive and orders the management and disposal of waste from the most to the least preferred option, namely: prevention, preparation for reuse, recycling, other recovery, and disposal.

Who is in scope for Waste Framework Directive (WFD) ?

The WFD applies to all waste producers and handlers, including manufacturers, distributors, and retailers.

What are the key requirements of WFD?

The key requirements of the WFD include:

1. Waste prevention: Producers are required to take measures to prevent waste generation.
2. Extended Producer Responsibility: Producers are responsible for the environmental impact of their products, including waste disposal.
3. Waste Hierarchy: The WFD establishes a waste hierarchy that prioritizes waste prevention, reuse, and recycling over disposal.

Waste Management Principles under EU WFD:

The WFD sets out several waste management principles, including the need to manage waste without endangering human health or the environment, without causing a nuisance, and without adversely affecting the countryside or places of special interest. The "polluter pays principle" and the "extended producer responsibility" are also part of the waste management principles, which place the responsibility of waste management on producers.

The WFD sets targets for EU countries to prepare for re-use and recycle waste materials, and municipal waste. These targets are designed to increase the overall efficiency of resource use, reduce the amount of waste produced, and decrease the environmental impact of waste. The directive also outlines the rules and calculation methods for verifying compliance with these targets.

The WFD sets out a number of principles for waste management, including:

• Prevention: Waste should be prevented wherever possible.
• Preparation for reuse: Waste that cannot be prevented should be prepared for reuse where possible.
• Recycling: Waste that cannot be reused should be recycled where possible.
• Recovery: Waste that cannot be reused or recycled should be recovered, for example through energy recovery.
• Disposal: Waste that cannot be reused, recycled, or recovered should be disposed of in an environmentally sound manner.

* Image Credit: European Chemical Agency*

The WFD requires a stricter control regime for hazardous waste, which involves additional labelling, record keeping, monitoring, and control obligations. The classification into hazardous and non-hazardous waste, and the system for the classification and labelling of dangerous substances and preparations are also discussed in the directive.

Definition of By-Products in WFD:

By-products are defined as "substances or objects which are produced by a production process and which are not the primary product". They are an important part of waste management, as they can be used as a raw material or energy source, and their production can be an indicator of the efficiency of a process. The WFD stresses the importance of classifying by-products correctly to avoid environmental damage or unnecessary costs for businesses.

End-of-Waste Criteria under WFD:

The WFD establishes end-of-waste criteria for specific waste streams, which enable certain waste to cease being waste and become a product or a secondary raw material. The methodology for developing the criteria, the criteria for specific materials, and the benefits of creating legal certainty and a level playing field for recycling in the EU are also discussed.

Implementation of Waste Framework Directive (WFD):

The implementation of the WFD is overseen by the European Commission. The Commission provides several tools to assist member countries in implementing the WFD, including implementation reports, the European List of Waste, guidance documents, and Waste Prevention Programmes. These tools are designed to ensure consistency and transparency in waste management practices across the EU.

The implementation of the WFD has been mixed. Some Member States have made significant progress in reducing waste and increasing recycling rates. Others have made less progress. The European Commission has expressed concern about the slow progress in some Member States. It has called on Member States to take urgent action to implement the WFD.

The SCIP Database: An Introduction to Compliance Reporting for Substances of Concern in EU

The SCIP database is a new provision of the WFD that requires manufacturers to provide information on substances of very high concern (SVHCs) in their products. The database is maintained by the European Chemicals Agency (ECHA) and is intended to improve the transparency and traceability of SVHCs in products.

What is the SCIP database?

The SCIP database is a centralized database that contains information on SVHCs in products. The SCIP database (Substances of Concern In articles, as such or in complex objects (products)) is a central repository of information on substances of concern that are present in articles and products, including waste materials. It is intended to help waste handlers and recyclers to identify and manage SVHCs in waste. The SCIP database has three standard goals:

• Reducing waste that contains hazardous elements with substitutions for SVHC in products entering the EU market.
• Increase accuracy of the product composition details for better waste treatment and management operations.
• Monitoring and tracking SVHC use in articles to provide instructions on actions that can be taken during any stage in the product life cycle, including the waste stage.

Who is in scope for SCIP Database reporting?

The following companies are in scope for SCIP database reporting:

• EU producers of articles containing SVHCs above 0.1% weight by weight (w/w).
• EU importers of articles containing SVHCs above 0.1% w/w.
• EU distributors of articles containing SVHCs above 0.1% w/w, if they are not the producer or importer of the article.

The SCIP database is an important tool for ensuring the safe use and disposal of articles containing SVHCs. It also helps to promote the substitution of SVHCs in products. The SCIP database is accessible to the public. Anyone can search the database to find information on articles containing SVHCs.

Non-EU suppliers are not required to report to the SCIP database. However, they are encouraged to do so in order to support their European supply chain.

Here is what non-EU suppliers can do to support their European supply chain:

• Provide the necessary information to their EU importers. This information includes the identity of any SVHCs present in their products, as well as the concentration of each SVHC.
• Work with their EU importers to ensure that the necessary notifications are submitted to the SCIP database.
• Promote the substitution of SVHCs in their products. This can be done by working with their suppliers to find alternative substances that do not pose the same risks as SVHCs.

By taking these steps, non-EU suppliers can help to ensure that their products are safe and that they are meeting their obligations under the SCIP regulation.

What are the key requirements for SCIP submission?

Under the SCIP database, manufacturers are required to submit information on SVHCs in their products if they exceed a concentration of 0.1% by weight. The information must be submitted to the database before the product is placed on the EU market. The SCIP notification duty started applying from January 5th, 2021. Failure to submit information to the SCIP database can result in penalties, including fines and legal action.

Below table lists the Mandatory & optional fields required to create a dossier for SCIP submission:

What is the difference between the EU WFD and SCIP?

The Waste Framework Directive sets out rules for the management of waste, including waste prevention, recycling, and disposal. The SCIP database is a tool created under the Waste Framework Directive that aims to improve the transparency of information on hazardous substances in articles placed on the EU market.

Conclusion: The EU Waste Framework Directive (WFD) and the SCIP database are important tools for promoting sustainable waste management and improving the transparency and traceability of SVHCs in products. Compliance with these regulations is critical for companies that produce or handle waste, and failure to comply can result in significant penalties. By understanding the requirements of the WFD and the SCIP database, companies can take steps to ensure compliance and promote sustainable business practices.

Acquis Compliance Tool can help you streamline your SCIP reporting requirement from data sourcing, dossier preparation to automated systems to system (S2S) submissions.

Contact us if you need any further assistance to comply.