Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste

Protection of human health or safety (TBT); Protection of the environment (TBT)

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 Regulation, in a concentration above 0,1% weight by weight (w/w) (substances placed on the Candidate List).

Link to ePing

13.030.01 - Wastes in general; 71.100 - Products of the chemical industry

Directive (EU) 2018/851, in its Article 1(10) [Page 126], replaces Article 9 of 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 to that database to waste treatment operators. It shall also provide access to that database to consumers upon request."

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