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REACH - Registration, Evaluation and Authorisation of Chemicals
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REACH - Registration, Evaluation and Authorisation of Chemicals
TITLE-VI
: EVALUATION
CHAPTER-4
: Common provisions
ARTICLE 53
:
Cost
sharing
for
tests
without an
agreement
between
registrants
and/or
downstream users
ARTICLE 53:
Cost
sharing
for
tests
without an
agreement
between
registrants
and/or
downstream users
1. Where
registrants
or
downstream users
are required to perform a
test
as a result of a
decision
taken under this Title, those
registrants
or
downstream users
shall make every effort to reach an
agreement
as to who is to carry it out on behalf of the other
registrants
or
downstream users
and to inform the
Agency
accordingly within 90
days
. If the
Agency
is not informed of such
agreement
within such 90
days
, it shall
designate
one of the
registrants
or
downstream users
to perform the
test
on behalf of all of them.
2. If a
registrant
or
downstream user
performs a
test
on behalf of others, they shall all
share
the
cost
of that
study
equally
.
3. In the
case
referred to in paragraph 1, the
registrant
or
downstream user
who performs the
test
shall provide each of the others
concerned
with a
copy
of the
full study report
.
4. The
person
performing and submitting the
study
shall have a
claim
against the others accordingly. Any
person
concerned
shall be able to make a
claim
in
order
to
prohibit
another
person
from
manufacturing
,
importing
or placing the
substance
on the
market
if that other
person
either fails to
pay
his
share
of the
cost
or to provide
security
for that
amount
or fails to hand over a
copy
of the
full study report
of the
study
performed. All
claims
shall be enforceable in the
national
courts
. Any
person
may
choose
to submit their
claims
for
remuneration
to an
arbitration
board
and
accept
the
arbitration
order
.
[
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]
Referred by:
ARTICLE 4
:
General provision