Piloting Stringent SCIP Reporting: Legal Amendments and Compliance Solutions

On November 23, 2023, the legal landscape for businesses dealing with Substances of Very High Concern (SVHC) underwent a significant change with the enactment of the Fourth Act amending the Chemicals Act. This update introduced new provisions for establishing a central poisoning register at the Federal Institute for Risk Assessment (BfR). This registry will launch in January 2026 and provide accurate information on poisoning cases to protect human health better. Additionally, the act brought in strict penalties for non-compliance with the reporting requirements of SCIP (Substances of Concern In articles, as such or in complex objects). This development is a landmark moment that will impact businesses across the board.

Understanding SCIP: A Crucial Element in Chemical Compliance:

At the heart of the Fourth Act amending the Chemicals Act lies the imperative for businesses to comply with SCIP – the Substances of Concern In articles, as such or in complex objects, database. SCIP, managed by the European Chemicals Agency (ECHA), serves as a centralized repository for crucial information on articles containing Substances of Very High Concern (SVHC). SVHC includes substances on the candidate list in articles at concentrations exceeding 0.1 percent by weight. The database plays a pivotal role in enhancing transparency within the supply chain by providing comprehensive details on the presence of SVHC in articles. As a critical component of the broader European Union chemicals regulatory framework, SCIP aims to facilitate informed decision-making, mitigate potential risks associated with SVHC, and contribute to a safer and more sustainable chemical environment. Understanding the significance of SCIP reporting is crucial for regulatory compliance and fostering responsible chemical management in businesses.

New SCIP Reporting Penalties:

The amendment, published in the Federal Law Gazette (BGBl. 2023 I No. 313), specifically revised Section 26 of the Chemicals Act (ChemG) and Section 27 addressing penalties. These changes focused on aligning with directly applicable Union law, particularly emphasizing the European Chemicals Agency (ECHA) SCIP database. The revised legal framework now stipulates that individuals or entities deliberately or negligently failing to submit SCIP notifications or providing inaccurate, incomplete, or untimely information will be deemed to have committed an offense.

The severity of the consequences is underscored by the imposition of fines reaching up to €10,000 per case.

Effective Implementation:

The Fourth Act amending the Chemicals Act, save for Article 1(9), came into force on November 24, 2023. This signifies that businesses producing or selling SVHC articles must swiftly adapt to the new reporting requirements to avoid legal repercussions.

Other changes to the SCIP database in 2023

• The condition to notify the SCIP database if you produce, import, or supply products to the European Union also applies to the European Economic Area (EEA) starting in 2023, which includes the EU, Norway, Iceland, and Liechtenstein.
• The updated candidate list package was provided in June 2023 with 481 reference substances for SCIP reporting.

APA can ensure that you are prepared for SCIP Reporting.

With the introduction of stringent penalties for SCIP reporting violations, businesses dealing with articles containing SVHC must prioritize compliance with the revised legal framework. The implications of non-compliance are substantial regarding financial penalties and potential damage to reputation. Embracing proactive measures, such as adopting specialized software solutions, is crucial for navigating the intricacies of SCIP regulations and safeguarding the integrity of business operations.

APA understands the challenges faced by businesses due to changes in regulatory landscapes. We have a team of experts who offer comprehensive support to ensure that your SCIP reporting is seamless and fully compliant with the latest legal requirements. Our compliance management software, GreenCheck, makes it easy to stay on top of reporting by automating the SCIP notification process. By collaborating with APA Engineering and using GreenCheck Software, you can gain a strategic advantage in navigating the dynamic terrain of chemical compliance. This can help foster a culture of responsibility and resilience within your business operations.