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REACH - Registration, Evaluation and Authorisation of Chemicals
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referral
[
Global Index
]
ARTICLE-45
: Competent authority [
go to this ARTICLE
]
... 3. In
cases
where two or more
Member States
have expressed an
interest
in evaluating the same
substance
and they cannot
agree
who should be the
competent authority
, the
competent authority
for the
purposes
of
Articles
46
,
47
and
48
shall be
determined
in
accordance
with the following
procedure
. The
Agency
shall refer the matter to the
Member State
Committee
, in
order
to
agree
which
authority
shall be the
competent authority
, taking into
account
the
Member State
in which the
manufacturer
(s) or
importer
(s) is located, the respective proportions of total
Community
gross
domestic product
, the
number
of
substances
already being evaluated by a
Member State
and the
expertise
available. If, within 60
days
of the
referral
, the
Member State
Committee
reaches
unanimous agreement
, the
Member States
concerned
shall
adopt
substances
for
evaluation
accordingly. If the
Member State
Committee
fails to reach a
unanimous agreement
, the
Agency
shall submit the conflicting
opinions
to the
Commission
, which shall
decide
which
authority
shall be the
competent authority
, in
accordance
with the
procedure
referred to in
Article
133
(3), and the
Member States
concerned
shall
adopt
substances
for
evaluation
accordingly. ...
ARTICLE-51
: Adoption of decisions under dossier evaluation [
go to this ARTICLE
]
... 6. If, within 60
days
of the
referral
, the
Member State
Committee
reaches a
unanimous agreement
on the
draft
decision
, the
Agency
shall take the
decision
accordingly. ...
ARTICLE-59
: Identification of substances referred to in Article 57 [
go to this ARTICLE
]
... 8. If, within 30
days
of the
referral
, the
Member State
Committee
reaches a
unanimous agreement
on the
identification
, the
Agency
shall
include
the
substance
in the
list
referred to in paragraph 1. The
Agency
may
include
that
substance
in its
recommendations
under
Article
58
(3). ...
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