Law-ref.org
REACH - Registration, Evaluation and Authorisation of Chemicals
Site search
Global links
homepage
documents
Sister sites
Chess-Ref
ZVON
RFC-Ref
InChI
REACH Online
Local links
Previous
Next
Frontpage
Contents
Keywords
Local
Global
REACH - Registration, Evaluation and Authorisation of Chemicals
TITLE-II
: REGISTRATION OF SUBSTANCES
CHAPTER-1
: General obligation to register and information requirements
ARTICLE 9
:
Exemption
from the
general obligation
to
register
for
product
and process orientated
research
and
development
(PPORD)
ARTICLE 9:
Exemption
from the
general obligation
to
register
for
product
and process orientated
research
and
development
(PPORD)
1.
Articles
5
,
6
,
7
,
17
,
18
and
21
shall not apply for a
period
of five
years
to a
substance
manufactured
in the
Community
or imported for the
purposes
of
product
and process orientated
research
and
development
by a
manufacturer
or
importer
or
producer
of
articles
, by himself or in
cooperation
with listed
customers
and in a
quantity
which is limited to the
purpose
of
product
and process orientated
research
and
development
.
2. For the
purpose
of paragraph 1, the
manufacturer
or
importer
or
producer
of
articles
shall notify the
Agency
of the following
information
:
(a) the
identity
of the
manufacturer
or
importer
or
producer
of
articles
as specified in section 1 of Annex VI;
(b) the
identity
of the
substance
, as specified in section 2 of Annex VI;
(c) the
classification
of the
substance
as specified in section 4 of Annex VI, if any;
(d) the
estimated
quantity
as specified in section 3.1 of Annex VI;
(e) the
list
of
customers
referred to in paragraph 1,
including
their
names
and
addresses
.
The
notification
shall be accompanied by the
fee
required in
accordance
with Title IX. The
period
set out in paragraph 1 shall begin at
receipt
of the
notification
at the
Agency
.
3. The
Agency
shall check the completeness of the
information
supplied by the
notifier
and
Article
20
(2) shall apply adapted as necessary. The
Agency
shall assign a
number
to the
notification
and a
notification
date
, which shall be the
date of receipt
of the
notification
at the
Agency
, and shall forthwith
communicate
that
number
and
date
to the
manufacturer
, or
importer
, or
producer
of
articles
concerned
. The
Agency
shall also
communicate
this
information
to the
competent authority
of the
Member State
(s)
concerned
.
4. The
Agency
may
decide
to impose
conditions
with the aim of ensuring that the
substance
or the
preparation
or
article
in which the
substance
is incorporated will be
handled
only by
staff
of listed
customers
as referred to in paragraph 2(e) in reasonably controlled
conditions
, in
accordance
with the
requirements
of
legislation
for the
protection
of workers and the
environment
, and will not be made available to the
general public
at any
time
either on its own or in a
preparation
or
article
and that remaining
quantities
will be re-collected for
disposal
after the
exemption
period
. In such
cases
, the
Agency
may ask the
notifier
to provide additional necessary
information
.
5. In the
absence
of any indication to the
contrary
, the
manufacturer
or
importer
of the
substance
or the
producer
or
importer
of
articles
may
manufacture
or
import
the
substance
or produce or
import
the
articles
not earlier than two
weeks
after the
notification
.
6. The
manufacturer
or
importer
or
producer
of
articles
shall comply with any
conditions
imposed by the
Agency
in
accordance
with paragraph 4.
7. The
Agency
may
decide
to
extend
the five-
year
exemption
period
by a further
maximum
of five
years
or, in the
case
of
substances
to be used
exclusively
in the
development
of
medicinal products
for
human
or veterinary use, or for
substances
that are not placed on the
market
, for a further
maximum
of ten
years
, upon
request
if the
manufacturer
or
importer
or
producer
of
articles
can demonstrate that such an extension is justified by the
research
and
development programme
.
8. The
Agency
shall forthwith
communicate
any
draft
decisions
to the
competent authorities
of each
Member State
in which the
manufacture
,
import
,
production
or
product
and process orientated
research
takes
place
. When taking
decisions
as provided for in paragraphs 4 and 7, the
Agency
shall take into
account
any comments made by such
competent authorities
.
9. The
Agency
and the
competent authorities
of the
Member States
concerned
shall always keep
confidential
the
information
submitted in
accordance
with paragraphs 1 to 8.
10. An
appeal
may be brought, in
accordance
with
Articles
91
,
92
and
93
, against
Agency
decisions
under paragraphs 4 and 7 of this
Article
.
[
Next page
]
Referred by:
ARTICLE 2
:
Application
ARTICLE 74
:
Fees
and
charges
ARTICLE 91
:
Decisions
subject
to
appeal