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REACH - Registration, Evaluation and Authorisation of Chemicals
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legal person
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 18.
Responsibility
for the
management
of the
risks
of
substances
should lie with the
natural
or
legal persons
that
manufacture
,
import
,
place
on the
market
or use these
substances
.
Information
on the
implementation
of this
Regulation
should be easily
accessible
, in particular for SMEs. ...
... 25. The
responsibility
to assess the
risks
and
hazards
of
substances
should be given, in the first
place
, to the
natural
or
legal persons
that
manufacture
or
import
substances
, but only when they do so in
quantities
exceeding a certain volume, to enable them to carry the associated
burden
.
Natural
or
legal persons
handling
chemicals
should take the necessary
risk management
measures
in
accordance
with the
assessment
of the
risks
of
substances
and pass on
relevant
recommendations
along the
supply chain
. This should
include
describing, documenting and notifying in an appropriate and
transparent
fashion the
risks
stemming from the
production
, use and
disposal
of each
substance
. ...
... 25. The
responsibility
to assess the
risks
and
hazards
of
substances
should be given, in the first
place
, to the
natural
or
legal persons
that
manufacture
or
import
substances
, but only when they do so in
quantities
exceeding a certain volume, to enable them to carry the associated
burden
.
Natural
or
legal persons
handling
chemicals
should take the necessary
risk management
measures
in
accordance
with the
assessment
of the
risks
of
substances
and pass on
relevant
recommendations
along the
supply chain
. This should
include
describing, documenting and notifying in an appropriate and
transparent
fashion the
risks
stemming from the
production
, use and
disposal
of each
substance
. ...
... 42. To
avoid
overloading
authorities
and
natural
or
legal persons
with the
work
arising from the
registration
of
phase-in substances
already on the
internal market
, that
registration
should be spread over an appropriate
period
of
time
, without introducing undue
delay
. Deadlines for the
registration
of these
substances
should therefore be set. ...
... 50. It is in the
public interest
to ensure the quickest possible
circulation
of
test
results on
human health
or
environmental
hazards
of certain
substances
to those
natural
or
legal persons
which use them, in
order
to
limit
any
risks
associated with their use.
Sharing
of
information
should occur where this is requested by any
registrant
, in particular in the
case
of
information
involving
tests
on
vertebrate animals
, under
conditions
that ensure a
fair
compensation
for the
company
that has undertaken the
tests
. ...
... 65. In
addition
, it is necessary to instil
confidence
in the
general
quality
of registrations and to ensure that the
public
at large as well as all
stakeholders
in the
chemicals
industry
have
confidence
that
natural
or
legal persons
are
meeting
the
obligations
placed upon them. Accordingly, it is appropriate to provide for
recording
which
information
has been reviewed by an
assessor
possessing
appropriate
experience
, and for a percentage of registrations to be checked for
compliance
by the
Agency
. ...
... 69. To ensure a sufficiently high level of
protection
for
human health
,
including
having
regard
to
relevant
human
population
groups
and possibly to certain
vulnerable
sub-
populations
, and the
environment
,
substances
of very high
concern
should, in
accordance
with the
precautionary principle
, be
subject
to careful
attention
. Authorisation should be
granted
where
natural
or
legal persons
applying for an authorisation demonstrate to the granting
authority
that the
risks
to
human health
and the
environment
arising from the use of the
substance
are adequately controlled. Otherwise, uses may still be authorised if it can be shown that the
socio-economic
benefits
from the use of the
substance
outweigh the
risks
connected
with its use and there are no suitable
alternative substances
or
technologies
that are
economically
and technically
viable
. Taking into
account
the good
functioning
of the
internal market
it is appropriate that the
Commission
should be the granting
authority
. ...
... 77. In
view
of workability and practicality
considerations
, both as
regards
natural
or
legal persons
, who have to prepare
application
files and take appropriate
risk management
measures
, and as
regards
the
authorities
, who have to process authorisation
applications
, only a limited
number
of
substances
should be subjected to the authorisation
procedure
at the same
time
and realistic deadlines should be set for
applications
, while allowing certain uses to be exempted.
Substances
identified
as
meeting
the
criteria
for authorisation should be
included
in a
candidate
list
for eventual inclusion in the authorisation
procedure
. Within this
list
,
substances
on the
Agency
's
work
programme
should be clearly
identified
. ...
... 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
. ...
... 106. A
Board
of
Appeal
should be set up within the
Agency
to guarantee
processing
of
appeals
for any
natural
or
legal person
affected
by
decisions
taken by the
Agency
. ...
... 107. The
Agency
should be
financed
partly by
fees
paid
by
natural
or
legal persons
and partly by the
general
budget
of the
European
Communities
. The
Community
budgetary
procedure
should remain applicable as far as any
subsidies
chargeable to the
general
budget
of the
European
Communities
are
concerned
. Moreover, the
auditing
of
accounts
should be undertaken by the
Court of Auditors
in
accordance
with
Article
91 of
Commission
Regulation
(EC, Euratom) No 2343/2002 of 23 December 2002 on the
framework
Financial
Regulation
for the
bodies
referred to in
Article
185 of
Council
Regulation
(EC, Euratom) No 1605/2002 on the
Financial
Regulation
applicable to the
general
budget
of the
European
Communities
(12)
107. . ...
... 110. The
Agency
should provide the
infrastructure
needed for
natural
or
legal persons
to
meet
their
obligations
under the
data
-
sharing
provisions
. ...
... 119. Apart from their
participation
in the
implementation
of
Community
legislation
,
Member State
competent authorities
should, because of their closeness to
stakeholders
in the
Member States
, play a
role
in the
exchange of information
on
risks
of
substances
and on the
obligations
of
natural
or
legal persons
under
chemicals
legislation
. At the same
time
, close
cooperation
between the
Agency
, the
Commission
and the
competent authorities
of the
Member States
is necessary to ensure the coherence and
efficiency
of the
global
communication
process. ...
... 127. It is appropriate for the
provisions
of this
Regulation
to
enter into force
in a staggered way to smooth the
transition
to the new
system
. Moreover, a gradual
entry into force
of the
provisions
should allow all
parties
involved,
authorities
,
natural
or
legal persons
as well as
stakeholders
, to focus
resources
in the
preparation
for new
duties
at the
right
times. ...
ARTICLE-3
: Definitions [
go to this ARTICLE
]
... 4)
Producer
of an
article
: means any
natural
or
legal person
who makes or assembles an
article
within the
Community
; ...
... 9)
Manufacturer
: means any
natural
or
legal person
established
within the
Community
who
manufactures
a
substance
within the
Community
; ...
... 11)
Importer
: means any
natural
or
legal person
established
within the
Community
who is
responsible
for
import
; ...
... 13)
Downstream user
: means any
natural
or
legal person
established
within the
Community
, other than the
manufacturer
or the
importer
, who uses a
substance
, either on its own or in a
preparation
, in the course of his
industrial
or
professional
activities
. A
distributor
or a
consumer
is not a
downstream user
. A re-
importer
exempted pursuant to
Article
2
(7)(c) shall be regarded as a
downstream user
; ...
... 14)
Distributor
: means any
natural
or
legal person
established
within the
Community
,
including
a
retailer
, who only
stores
and
places
on the
market
a
substance
, on its own or in a
preparation
, for
third parties
; ...
ARTICLE-8
: Only representative of a non-Community manufacturer [
go to this ARTICLE
]
... 1. A
natural
or
legal person
established
outside the
Community
who
manufactures
a
substance
on its own, in
preparations
or in
articles
, formulates a
preparation
or produces an
article
that is imported into the
Community
may by
mutual agreement
appoint a
natural
or
legal person
established
in the
Community
to fulfil, as his only
representative
, the
obligations
on
importers
under this Title. ...
... 1. A
natural
or
legal person
established
outside the
Community
who
manufactures
a
substance
on its own, in
preparations
or in
articles
, formulates a
preparation
or produces an
article
that is imported into the
Community
may by
mutual agreement
appoint a
natural
or
legal person
established
in the
Community
to fulfil, as his only
representative
, the
obligations
on
importers
under this Title. ...
ARTICLE-92
: Persons entitled to appeal, time-limits, fees and form [
go to this ARTICLE
]
... 1. Any
natural
or
legal person
may
appeal
against a
decision
addressed to that
person
, or against a
decision
which, although addressed to another
person
, is of direct and
individual
concern
to the former. ...
ARTICLE-100
: Legal personality of the Agency [
go to this ARTICLE
]
... 1. The
Agency
shall be a
body
of the
Community
and shall have
legal personality
. In each
Member State
it shall enjoy the most extensive
legal capacity
accorded to
legal persons
under their
laws
. In particular it may acquire and dispose of movable and immovable
property
and may be a
party
to
legal
proceedings
. ...
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