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REACH - Registration, Evaluation and Authorisation of Chemicals
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compensation
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 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
. ...
... 51. In
order
to strengthen the
competitiveness
of
Community
industry
and to ensure that this
Regulation
is applied as efficiently as possible, it is appropriate to make
provision
for the
sharing
of
data
between
registrants
on the basis of
fair
compensation
. ...
... 52. In
order
to
respect
the
legitimate
property
rights
of those generating
testing
data
, the
owner
of such
data
should, for a
period
of 12
years
, be able to
claim
compensation
from those
registrants
who
benefit
from that
data
. ...
... 54. In
order
to
avoid
duplication
of
work
, and in particular to
avoid
duplication
of
testing
,
registrants
of
phase-in substances
should pre-
register
as early as possible with a database
managed
by the
Agency
. A
system
should be
established
in
order
to provide for the
establishment
of
Substance Information Exchange Fora
(SIEF) to
help
exchange of information
on the
substances
that have been
registered
. SIEF
participants
should
include
all
relevant
actors
submitting
information
to the
Agency
on the same
phase-in substance
. They should
include
both
potential
registrants
, who must provide and be supplied with any
information
relevant
to the
registration
of their
substances
, and other
participants
, who may
receive
financial
compensation
for
studies
they hold but are not entitled to
request
information
. In
order
to ensure the smooth
functioning
of that
system
they should fulfil certain
obligations
. If a
member
of a SIEF does not fulfil his
obligations
, he should be penalised accordingly but other
members
should be enabled to
continue
preparing their own
registration
. In
cases
where a
substance
has not been pre-
registered
,
measures
should be taken to
help
downstream users
find
alternative
sources
of
supply
. ...
ARTICLE-101
: Liability of the Agency [
go to this ARTICLE
]
... 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
. ...
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