G/TBT/N/EU/778  
3 February 2021  
(21-0900) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission  
EU-TBT Enquiry Point  
Fax: +(32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]: This 
notification is for transparency purposes and does not prejudge the position of the 
European Union on the applicability of the TBT Agreement to the notified measures, or on 
the nature and effects of the measure itself.  
4. Products covered (HS or CCC N where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Article 
9(1)(i) of the Waste Framework Directive 2008/98/EC, as amended by Directive (EU) 
2018/851 covers any article, as defined in point 33  of Article 3 of Regulation (EC) No 
1907/2006 of the European Parliament and of the Council (REACH Regulation), containing 
a substance meeting the criteria in Article 57 of the same Regulation and identified in 
accordance with Article 59(1) of the same Reg ulation, in a concentration above 0,1% 
weight by weight (w/w) (substances placed on the Candidate List).; Wastes in general 
(ICS 13.030.01), Products of the chemical industry (ICS 71.100)  
5. Title, number of pages and language(s) of the notified document:  Directive (EU) 
2018/851 of the European Parliament and of the Council of 30 May 2018 amending 
Directive 2008/98/EC on waste (32 page(s), in English)  
6. Description of content:  Directive (EU) 2018/851, in its Article 1(10) [Page 126], 
replaces Article 9 o f the Waste Framework Directive 2008/98/EC (WFD). The provisions 
relevant for this notification regard:  
- Article 9(1)(i) of the WFD, which became applicable on 5 January 2021 and mandates 
EU Member States to take measures to: ".. ensure that any supplier of an article as 
defined in point 33 of Article 3 of Regulation (EC) No 1907/2006 of the European 
Parliament and of the Council [REACH] provides the information pursuant to Article 33(1) 
of that Regulation to the European Chemicals Agency as from 5 January  2021"  
- Article 9 (2) of the WFD, which provides that "the European Chemicals Agency shall 
establish a database for the data to be submitted to it pursuant to point (i ) of paragraph 
1 by 5 January 2020 and maintain it. The European Chemicals Agency shall provide access G/TBT/N/EU/778  
 
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  to that database to waste treatment operators. It shall also provide access to that 
database to consumers upon request."  
7. Objective and rationale, inc luding the nature of urgent problems where 
applicable:  The objective is to ensure traceability of substances of very high concern 
(Candidate List) in articles and products along the lifecycle. The ultimate goal is the 
substitution of the Candidate List sub stances in articles with safer alternatives. This will 
prevent the generation of waste containing those hazardous substances, for the benefit 
of circular economy and to achieve a toxic -free environment thereby protecting human 
health and the environment ag ainst hazardous chemicals.; Protection of human health or 
safety; Protection of the environment  
8. Relevant documents:   
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 
2008 on waste and repealing certain Directives, as am ended by Directive (EU) 2018/851.  
https://eur -lex.europa.eu/eli/dir/2008/98  
Information on the SCIP Database: https://echa.europa.eu/scip  
9. Proposed date of adoption:  30 May 2018  
Proposed date of entry into force:  The directive was published on 14 June 2018 and 
entered into force 20 days following publication in the Official Journal of the EU.  
10. Final date for comments:  Not Applicable.  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
 
The text is available on the EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://eur -lex.europa.eu/legal -
content/EN/TXT/PDF/?uri=CELEX:32018L0851&qid=1610555704157&from=EN  
https://members.wto.org/crnattachments/2021/TBT/EEC/21_0840_00_e.pdf