EU WFD Compliance for Non-EU Manufacturers

Question: I am a manufacturer based outside of the EU. If my products are imported into the EU through distributors, can my company set up an ECHA-IT account to submit the required information, or will our distributors have to do so?

Answer: This is a common question because non-EU manufacturers are not in scope of the EU Waste Framework Directive (WFD), but they may want to ensure compliance with the Substances of Concern In articles, as such or complex objects (Products) (SCIP) database reporting requirements to maintain access to the EU market.

The ECHA has published an FAQ document, providing guidance to companies in this and similar situations. In short, companies outside of the EU are not in scope and are not allowed to submit SCIP notifications. The first importer of articles is responsible under the EU WFD, however, they may request data from the non-EU company manufacturing the imported product in order to submit to the database. Importers in the EU may seek to enter a contractual agreement with non-EU companies, listing them as a “foreign user” and granting them access to their ECHA-IT accounts to make SCIP submissions.

The ECHA-IT account must belong to the first importer of the applicable article, and the “foreign user” clause must be agreed upon by both parties.

Article is current as of 2020-03-20. 

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