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Ecodesign for Sustainable Products and the EU Digital Product Passport journal article open-access

The Commission’s ESPR Proposal of 30 March 2022 – Game-changer or Slow Burner?

Tim Becker

Zeitschrift für Stoffrecht, Volume 19 (2022), Issue 3, Page 177 - 188

On 30 March 2022, the European Commission issued an ambitious proposal for an Ecodesign for Sustainable Products Regulation (ESPR). It suggests a significant extension of the existing Ecodesign Directive 2009/125/EC, to cover “the broadest possible range of products”. Main novelties include the creation of an EU “digital product passport” and provisions to address “substances of concern”, raising questions on the interface with REACH and WFD/SCIP. The article aims to provide a structured overview and initial assessment of the proposed ESPR scope, key new requirements and next steps.


The SCIP Database under Directive (EU) 2018/851 journal article open-access

Do ECHA’s Detailed Information Requirements Cross the Legal Boundaries?

Tim Becker

Zeitschrift für Stoffrecht, Volume 16 (2019), Issue 4, Page 156 - 164

With the forthcoming database on substances of concern in articles as such or in complex objects (products) (hereafter SCIP database) the EU’s co-legislators have introduced a highly ambitious project for all parties involved at the EU, national and global level. The requirement is set out in Article 9(1)(i) and (2) of Directive 2008/98/EC on waste, as revised by Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 (hereafter Waste Framework Directive, WFD or revised WFD). At its recent SCIP workshop 2019the European Chemicals Agency (ECHA) presented and discussed with numerous participants from industry, authorities and NGOs the current state of play of the database, which ECHA should establish by 5 January 2020. In particular, the scope of ECHA’s detailed information requirements for SCIP notifications was criticized from the industry side for exceeding legal boundaries, while others argued in support of the ECHA plans. This question is of high practical relevance. Essentially, the issue at stake is whether industry can rely on existing systems and data already communicated under Article 33(1) of Regulation (EC) No 1907/2006 (REACH), or whether additional data has to be collected from often long and complex global supply chains for the purpose of SCIP notifications, which are due as from 5 January 2021. Against this background, the present article aims to take a closer look at the legal background for the new SCIP provisions and discuss ECHA’s detailed information requirements from a legal point of view, based on the underlying rationale of the European Commission (EC). We will see that the role of recitals in EU law for the interpretation of enacting terms is one of the key legal issues raised in this context.


Joint Authorisation under REACH – Key Aspects and First Practical Experience journal article

Tim Becker

Zeitschrift für Stoffrecht, Volume 10 (2013), Issue 1, Page 18 - 25

Authorisation is a new process introduced by Title VII of the Regulation (EC) No 1907/2006 (“REACH”). It regulates the identification of Substances of Very High Concern (“SVHC”), their inclusion in REACH Annex XIV1 and the consequent authorisation requirement for industry relating to their future use. Unlike for the registration requirement, where the REACH Regulation stipulates mandatory sharing and joint submission of data by multiple registrants of t

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