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REACH - Registration, Evaluation and Authorisation of Chemicals
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justice
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 117. EU-
citizens
should have
access to information
about
chemicals
to which they may be exposed, in
order
to allow them to make informed
decisions
about their use of
chemicals
. A
transparent
means of achieving this is to
grant
them
free
and easy
access
to basic
data
held in the
Agency
's database,
including
brief profiles of
hazardous
properties,
labelling
requirements
and
relevant
Community
legislation
including
authorised uses and
risk management
measures
. The
Agency
and
Member States
should allow
access to information
in
accordance
with Directive 2003/4/EC of the
European Parliament
and of the
Council
of 28 January 2003 on
public access
to
environmental
information
(16)
,
Regulation
(EC) No 1049/2001 of the
European Parliament
and of the
Council
of 30 May 2001 regarding
public access
to
European Parliament
,
Council
and
Commission
documents
(17)
and with the UNECE
Convention
on
Access to Information
,
Public Participation
in
Decision-Making
and
Access
to
Justice
in
Environmental
Matters, to which the
European Community
is a
party
. ...
ARTICLE-94
: Actions before the Court of First Instance and the Court of Justice [
go to this ARTICLE
]
...
Actions
before the
Court of First Instance
and the
Court of Justice
...
... 1. An
action
may be brought before the
Court of First Instance
or the
Court of Justice
, in
accordance
with
Article
230 of the
Treaty
, contesting a
decision
taken by the
Board
of
Appeal
or, in
cases
where no
right
of
appeal
lies before the
Board
, by the
Agency
. ...
... 2. Should the
Agency
fail to take a
decision
,
proceedings
for failure to
act
may be brought before the
Court of First Instance
or the
Court of Justice
in
accordance
with
Article
232 of the
Treaty
. ...
... 3. The
Agency
shall be required to take the necessary
measures
to comply with the
judgment
of the
Court of First Instance
or the
Court of Justice
. ...
ARTICLE-101
: Liability of the Agency [
go to this ARTICLE
]
... 1. The
contractual liability
of the
Agency
shall be
governed
by the
law
applicable to the
contract
in
question
. The
Court of Justice
shall have
jurisdiction
pursuant to any
arbitration
clause
contained in a
contract
concluded by the
Agency
. ...
... 2. In the
case
of non-
contractual liability
, the
Agency
shall, in
accordance
with the
general principles
common
to the
laws
of the
Member States
, make good any
damage
caused by it or by its
servants
in the
performance
of their
duties
. The
Court of Justice
shall have
jurisdiction
in any
dispute
relating to
compensation
for such
damages
. ...
ARTICLE-118
: Access to information [
go to this ARTICLE
]
... 4.
Decisions
taken by the
Agency
pursuant to
Article
8 of
Regulation
(EC) No 1049/2001 may form the
subject
of a
complaint
to the
Ombudsman
or of an
action
before the
Court of Justice
, under the
conditions
laid down in
Articles
195 and 230 of the
Treaty
respectively. ...
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