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REACH - Registration, Evaluation and Authorisation of Chemicals
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proportionality
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 61. For
reasons
of workability and
proportionality
, it is appropriate to exempt
downstream users
using low
quantities
of a
substance
from such
reporting
. ...
... 130. Since the
objectives
of this
Regulation
, namely laying down
rules
for
substances
and
establishing
a
European
Chemicals
Agency
, cannot be sufficiently achieved by the
Member States
and can therefore be better achieved at
Community
level, the
Community
may
adopt
measures
, in
accordance
with the
principle
of
subsidiarity
as set out in
Article
5
of the
Treaty
. In
accordance
with the
principle
of
proportionality
, as set out in that
Article
, this
Regulation
does not go beyond what is necessary in
order
to
achieve
those
objectives
. ...
ARTICLE-58
: Inclusion of substances in Annex XIV [
go to this ARTICLE
]
... 2. Uses or
categories
of uses may be exempted from the authorisation
requirement
provided that, on the basis of the
existing
specific
Community
legislation
imposing
minimum
requirements
relating to the
protection
of
human health
or the
environment
for the use of the
substance
, the
risk
is properly controlled. In the
establishment
of such
exemptions
,
account
shall be taken, in particular, of the
proportionality
of
risk
to
human health
and the
environment
related to the
nature
of the
substance
, such as where the
risk
is modified by the
physical
form. ...
ARTICLE-61
: Review of authorisations [
go to this ARTICLE
]
... 3. In its
review
decision
the
Commission
may, if
circumstances
have changed and taking into
account
the
principle
of
proportionality
,
amend
or
withdraw
the authorisation, if under the changed
circumstances
it would not have been
granted
or if suitable alternatives in
accordance
with
Article
60
(5) become available. In the latter
case
the
Commission
shall require the holder of the authorisation to present a substitution
plan
if he has not already done so as part of his
application
or update. In
cases
where there is a
serious
and immediate
risk
for
human health
or the
environment
, the
Commission
may suspend the authorisation pending the
review
, taking into
account
the
principle
of
proportionality
. ...
... 3. In its
review
decision
the
Commission
may, if
circumstances
have changed and taking into
account
the
principle
of
proportionality
,
amend
or
withdraw
the authorisation, if under the changed
circumstances
it would not have been
granted
or if suitable alternatives in
accordance
with
Article
60
(5) become available. In the latter
case
the
Commission
shall require the holder of the authorisation to present a substitution
plan
if he has not already done so as part of his
application
or update. In
cases
where there is a
serious
and immediate
risk
for
human health
or the
environment
, the
Commission
may suspend the authorisation pending the
review
, taking into
account
the
principle
of
proportionality
. ...
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