Let’s look at another interesting example today concerning SCIP notification.
Let’s say you’re a company that manufactures articles for customers to their order. You then also sell these articles to them. These articles contain electrical components that fall under SCIP regulation and notification.
It is important to emphasize that you do not offer these "composite" articles on the market, but sell them exclusively to the customer who ordered this service.
Of course, this kind of relationship is often considered a business secret. However, the question arises as to whether, by selling such an article to a customer, you are liable to register the articles in the SCIP database?
Let us first look at how the concept of “placing on the market” is defined. Placing on the market simply means that the article changes its owner.
In your case, you are at first the owner of the article or semi-finished article. You then sell it to the customer. This actually means that ownership has changed with this act. In other words, you are placing articles on the market with your activity.
Now to the obligations of SCIP notification.
If the articles you manufacture, assemble, import or distribute contain substances of very high concern and are on ECHA's Candidate List in a concentration above 0.1% you must register them in the SCIP database.
It is therefore now clear that you are liable for notification to the SCIP database provided that SVHC substances are in a concentration above 0.1%.
However, if the composition of the components is considered a business secret, you can contractually agree with your customers that they (and not you) submit a notification on the content of SVHC substances to the SCIP database.
The SCIP domain is, as can be seen from the example above, complex. So far, we have helped many companies to comprehensively regulate this domain. If you too are running out of time, feel free to contact me.
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