... 9. The
assessment of the
operation of the four main
legal instruments governing chemicals in the
Community, i.e.
Council Directive 67/548/EEC of 27 June 1967 on the approximation of the
laws,
regulations and
administrative provisions relating to the
classification,
packaging and
labelling of
dangerous substances(3),
Council Directive 76/769/EEC of 27 July 1976 on the approximation of the
laws,
regulations and
administrative provisions of the
Member States relating to
restrictions on the marketing and use of certain
dangerous substances and
preparations(4), Directive 1999/45/EC of the
European Parliament and of the
Council of 31 May 1999
concerning the approximation of the
laws,
regulations and
administrative provisions of the
Member States relating to the
classification,
packaging and
labelling of
dangerous preparations(5) and
Council Regulation (EEC) No 793/93 of 23 March 1993 on the
evaluation and
control of the
risks of
existing substances(6),
identified a
number of
problems in the
functioning of
Community legislation on
chemicals, resulting in disparities between the
laws,
regulations and
administrative provisions in
Member States directly
affecting the
functioning of the
internal market in this
field, and the need to do more to
protect public health and the
environment in
accordance with the
precautionary principle. ...
... 70.
Adverse effects on
human health and the
environment from
substances of very high
concern should be prevented through the
application of appropriate
risk management measures to ensure that any
risks from the uses of a
substance are adequately controlled, and with a
view to progressively substituting these
substances with a suitable safer
substance.
Risk management measures should be applied to ensure, when
substances are
manufactured, placed on the
market and used, that
exposure to these
substances including discharges,
emissions and losses, throughout the whole
life-cycle is below the
threshold level beyond which
adverse effects may occur. For any
substance for which authorisation has been
granted, and for any other
substance for which it is not possible to
establish a
safe level of
exposure,
measures should always be taken to minimise, as far as technically and practically possible,
exposure and
emissions with a
view to minimising the likelihood of
adverse effects.
Measures to ensure adequate
control should be
identified in any
Chemical Safety Report. These
measures should be applied and, where appropriate, recommended to other
actors down the
supply chain. ...
ARTICLE-9: Exemption from the general obligation to register for product and process orientated research and development (PPORD) [
go to this ARTICLE]
ARTICLE-10: Information to be submitted for general registration purposes [
go to this ARTICLE]
ARTICLE-15: Substances in plant protection and biocidal products [
go to this ARTICLE]
ARTICLE-25: Objectives and general rules [
go to this ARTICLE]
ARTICLE-31: Requirements for Safety Data Sheets [
go to this ARTICLE]
ARTICLE-34: Duty to communicate information on substances and preparations up the supply chain [
go to this ARTICLE]
ARTICLE-36: Obligation to keep information [
go to this ARTICLE]
ARTICLE-40: Examination of testing proposals [
go to this ARTICLE]
ARTICLE-44: Criteria for substance evaluation [
go to this ARTICLE]
... 3. In
cases where two or more
Member States have expressed an
interest in evaluating the same
substance and they cannot
agree who should be the
competent authority, the
competent authority for the
purposes of
Articles 46,
47 and
48 shall be
determined in
accordance with the following
procedure. The
Agency shall refer the matter to the
Member State Committee, in
order to
agree which
authority shall be the
competent authority, taking into
account the
Member State in which the
manufacturer(s) or
importer(s) is located, the respective proportions of total
Community gross domestic product, the
number of
substances already being evaluated by a
Member State and the
expertise available. If, within 60
days of the
referral, the
Member State Committee reaches
unanimous agreement, the
Member States concerned shall
adopt substances for
evaluation accordingly. If the
Member State Committee fails to reach a
unanimous agreement, the
Agency shall submit the conflicting
opinions to the
Commission, which shall
decide which
authority shall be the
competent authority, in
accordance with the
procedure referred to in
Article 133(3), and the
Member States concerned shall
adopt substances for
evaluation accordingly. ...
... 3. In
cases where two or more
Member States have expressed an
interest in evaluating the same
substance and they cannot
agree who should be the
competent authority, the
competent authority for the
purposes of
Articles 46,
47 and
48 shall be
determined in
accordance with the following
procedure. The
Agency shall refer the matter to the
Member State Committee, in
order to
agree which
authority shall be the
competent authority, taking into
account the
Member State in which the
manufacturer(s) or
importer(s) is located, the respective proportions of total
Community gross domestic product, the
number of
substances already being evaluated by a
Member State and the
expertise available. If, within 60
days of the
referral, the
Member State Committee reaches
unanimous agreement, the
Member States concerned shall
adopt substances for
evaluation accordingly. If the
Member State Committee fails to reach a
unanimous agreement, the
Agency shall submit the conflicting
opinions to the
Commission, which shall
decide which
authority shall be the
competent authority, in
accordance with the
procedure referred to in
Article 133(3), and the
Member States concerned shall
adopt substances for
evaluation accordingly. ...
ARTICLE-49: Further information on on-site isolated intermediates [
go to this ARTICLE]
ARTICLE-50: Registrants' and downstream users' rights [
go to this ARTICLE]
ARTICLE-51: Adoption of decisions under dossier evaluation [
go to this ARTICLE]
ARTICLE-53: Cost sharing for tests without an agreement between registrants and/or downstream users [
go to this ARTICLE]
ARTICLE-55: Aim of authorisation and considerations for substitution [
go to this ARTICLE]
ARTICLE-57: Substances to be included in Annex XIV [
go to this ARTICLE]
ARTICLE-60: Granting of authorisations [
go to this ARTICLE]
ARTICLE-61: Review of authorisations [
go to this ARTICLE]
ARTICLE-69: Preparation of a proposal [
go to this ARTICLE]
... 4. If a
Member State considers that the
manufacture, placing on the
market or use of a
substance on its own, in a
preparation or in an
article poses a
risk to
human health or the
environment that is not adequately controlled and needs to be addressed it shall notify the
Agency that it
proposes to prepare a
dossier which conforms to the
requirements of the
relevant sections of Annex XV. If the
substance is not on the
list maintained by the
Agency referred to in paragraph 5 of this
Article, the
Member State shall prepare a
dossier which conforms to the
requirements of Annex XV within 12
months of the
notification to the
Agency. If this
dossier demonstrates that
action on a
Community-
wide basis is necessary, beyond any
measures already in
place, the
Member State shall submit it to the
Agency in the format outlined in Annex XV, in
order to initiate the
restrictions process. The
Agency or
Member States shall refer to any
dossier,
chemical safety report or
risk assessment submitted to the
Agency or
Member State under this
Regulation. The
Agency or
Member States shall also refer to any
relevant risk assessment submitted for the
purposes of other
Community Regulations or Directives. To this end other
bodies, such as
agencies,
established under
Community law and carrying out a similar task shall provide
information to the
Agency or
Member State concerned on
request. The
Committee for
Risk Assessment and the
Committee for
Socio-economic Analysis shall check whether the
dossier submitted conforms to the
requirements of Annex XV. Within 30
days of
receipt, the respective
Committee shall inform the
Agency or the
Member State suggesting
restrictions, as to whether the
dossier conforms. If the
dossier does not conform, the
reasons shall be given to the
Agency or the
Member State in
writing within 45
days of
receipt. The
Agency or the
Member State shall bring the
dossier into
conformity within 60
days of the
date of receipt of the
reasons from the
Committees, otherwise the
procedure under this
Chapter shall be terminated. The
Agency shall
publish without
delay the
intention of the
Commission or of a
Member State to instigate a
restriction procedure for a
substance and shall inform those who submitted a
registration for that
substance. ...
ARTICLE-83: Duties and powers of the Executive Director [
go to this ARTICLE]
ARTICLE-87: Rapporteurs of Committees and use of experts [
go to this ARTICLE]