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REACH - Registration, Evaluation and Authorisation of Chemicals
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enforcement
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 27. For
purposes
of
enforcement
and
evaluation
and for
reasons
of
transparency
, the
information
on these
substances
, as well as related
information
,
including
on
risk management
measures
, should normally be submitted to
authorities
. ...
... 60. For
enforcement
and
evaluation
purposes
,
downstream users
of
substances
should be required to
report
to the
Agency
certain basic
information
if their use is outside the
conditions
of the
exposure scenario
detailed in the
safety
data
sheet
communicated
by their
original
manufacturer
or
importer
and to keep such
reported
information
up-to-
date
. ...
... 82. To allow effective
monitoring
and
enforcement
of the authorisation
requirement
,
downstream users
benefiting from an authorisation
granted
to their
supplier
should inform the
Agency
of their use of the
substance
. ...
... 105. In the
light
of the
increased
responsibility
of
natural
or
legal persons
for ensuring
safe
use of
chemicals
,
enforcement
needs to be strengthened. The
Agency
should therefore provide a
Forum
for
Member States
to
exchange
information
on and to coordinate their
activities
related to the
enforcement
of
chemicals
legislation
. The currently informal
cooperation
between
Member States
in this
respect
would
benefit
from a more formal
framework
. ...
... 105. In the
light
of the
increased
responsibility
of
natural
or
legal persons
for ensuring
safe
use of
chemicals
,
enforcement
needs to be strengthened. The
Agency
should therefore provide a
Forum
for
Member States
to
exchange
information
on and to coordinate their
activities
related to the
enforcement
of
chemicals
legislation
. The currently informal
cooperation
between
Member States
in this
respect
would
benefit
from a more formal
framework
. ...
... 120. In
order
for the
system
established
by this
Regulation
to
operate
effectively, there should be good
cooperation
,
coordination
and
exchange of information
between the
Member States
, the
Agency
and the
Commission
regarding
enforcement
. ...
... 122. In
order
to ensure
transparency
,
impartiality
and
consistency
in the level of
enforcement
activities
by
Member States
, it is necessary for
Member States
to set up an appropriate
framework
for
penalties
with a
view
to imposing effective, proportionate and dissuasive
penalties
for
non-compliance
, as
non-compliance
can result in
damage
to
human health
and the
environment
. ...
ARTICLE-76
: Composition [
go to this ARTICLE
]
... (e) a
Member State
Committee
, which shall be
responsible
for resolving
potential
divergences of
opinions
on
draft
decisions
proposed by the
Agency
or the
Member States
under Title VI and
proposals
for
identification
of
substances
of very high
concern
to be subjected to the authorisation
procedure
under Title VII; (f) a
Forum
for
Exchange of Information
on
Enforcement
(hereinafter referred to as "the
Forum
") which shall coordinate a
network
of
Member States
authorities
responsible
for
enforcement
of this
Regulation
; ...
... (e) a
Member State
Committee
, which shall be
responsible
for resolving
potential
divergences of
opinions
on
draft
decisions
proposed by the
Agency
or the
Member States
under Title VI and
proposals
for
identification
of
substances
of very high
concern
to be subjected to the authorisation
procedure
under Title VII; (f) a
Forum
for
Exchange of Information
on
Enforcement
(hereinafter referred to as "the
Forum
") which shall coordinate a
network
of
Member States
authorities
responsible
for
enforcement
of this
Regulation
; ...
ARTICLE-77
: Tasks [
go to this ARTICLE
]
... (b) proposing,
coordinating
and evaluating harmonised
enforcement
projects
and
joint
inspections
; ...
... (d)
identifying
enforcement
strategies
, as well as
best practice
in
enforcement
; ...
... (d)
identifying
enforcement
strategies
, as well as
best practice
in
enforcement
; ...
ARTICLE-86
: Establishment of the Forum [
go to this ARTICLE
]
... 1. Each
Member State
shall appoint, for a three-
year
term
, which shall be
renewable
, one
member
to the
Forum
.
Members
shall be chosen for their
role
and
experience
in
enforcement
of
chemicals
legislation
and shall maintain
relevant
contacts
with the
Member State
competent authorities
. The
Forum
shall aim to have a broad
range
of
relevant
expertise
among its
members
. To this end the
Forum
may coopt a
maximum
of five additional
members
chosen on the basis of their
specific
competence
. These
members
shall be appointed for a
term
of three
years
, which shall be
renewable
.
Members
of the
Management Board
may not be
members
of the
Forum
. The
members
of the
Forum
may be accompanied by
scientific
and
technical
advisers. The
Executive Director
of the
Agency
or his
representative
and
representatives
of the
Commission
shall be entitled to attend all the
meetings
of the
Forum
and its
working
groups
.
Stakeholders
may also be invited to attend
meetings
as
observers
, as appropriate, at the
request
of
Forum
members
, or the
Management Board
. ...
ARTICLE-117
: Reporting [
go to this ARTICLE
]
... 1. Every five
years
,
Member States
shall submit to the
Commission
a
report
on the
operation
of this
Regulation
in their respective
territories
,
including
sections on
evaluation
and
enforcement
as
described
in
Article
127
. The first
report
shall be submitted by 1 June 2010. ...
ARTICLE-124
: Other responsibilities [
go to this ARTICLE
]
...
Competent authorities
shall submit electronically to the
Agency
any available
information
that they hold on
substances
registered
in
accordance
with
Article
12
(1) whose dossiers do not contain the
full
information
referred to in Annex VII, in particular whether
enforcement
or
monitoring
activities
have
identified
suspicions of
risk
. The
competent authority
shall update this
information
as appropriate.
Member States
shall
establish
national
helpdesks to provide
advice
to
manufacturers
,
importers
,
downstream users
and any other interested
parties
on their respective
responsibilities
and
obligations
under this
Regulation
, in particular in
relation
to the
registration
of
substances
in
accordance
with
Article
12
(1), in
addition
to the operational
guidance
documents
provided by the
Agency
under
Article
77
(2)(g). ...
ARTICLE-127
: Report [
go to this ARTICLE
]
... The
report
referred to in
Article
117
(1) shall, in
relation
to
enforcement
,
include
the results of the
official
inspections
, the
monitoring
carried out, the
penalties
provided for and the other
measures
taken pursuant to
Articles
125
and
126
during the previous
reporting
period
. The
common
issues to be covered in the
reports
shall be
agreed
by the
Forum
. The
Commission
shall make these
reports
available to the
Agency
and the
Forum
. ...
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