... 9. The
assessment of the
operation of the four main
legal instruments governing chemicals in the
Community, i.e.
Council Directive 67/548/EEC of 27 June 1967 on the approximation of the
laws,
regulations and
administrative provisions relating to the
classification,
packaging and
labelling of
dangerous substances(3),
Council Directive 76/769/EEC of 27 July 1976 on the approximation of the
laws,
regulations and
administrative provisions of the
Member States relating to
restrictions on the marketing and use of certain
dangerous substances and
preparations(4), Directive 1999/45/EC of the
European Parliament and of the
Council of 31 May 1999
concerning the approximation of the
laws,
regulations and
administrative provisions of the
Member States relating to the
classification,
packaging and
labelling of
dangerous preparations(5) and
Council Regulation (EEC) No 793/93 of 23 March 1993 on the
evaluation and
control of the
risks of
existing substances(6),
identified a
number of
problems in the
functioning of
Community legislation on
chemicals, resulting in disparities between the
laws,
regulations and
administrative provisions in
Member States directly
affecting the
functioning of the
internal market in this
field, and the need to do more to
protect public health and the
environment in
accordance with the
precautionary principle. ...
... 84. In
order to accelerate the current
system the
restriction procedure should be restructured and Directive 76/769/EEC, which has been substantially amended and adapted several times, should be
replaced. In the
interests of clarity and as a starting point for this new accelerated
restriction procedure, all the
restrictions developed under that Directive should be incorporated into this
Regulation. Where appropriate, the
application of Annex XVII of this
Regulation should be facilitated by
guidance developed by the
Commission. ...
... 84. In
order to accelerate the current
system the
restriction procedure should be restructured and Directive 76/769/EEC, which has been substantially amended and adapted several times, should be
replaced. In the
interests of clarity and as a starting point for this new accelerated
restriction procedure, all the
restrictions developed under that Directive should be incorporated into this
Regulation. Where appropriate, the
application of Annex XVII of this
Regulation should be facilitated by
guidance developed by the
Commission. ...
... 84. In
order to accelerate the current
system the
restriction procedure should be restructured and Directive 76/769/EEC, which has been substantially amended and adapted several times, should be
replaced. In the
interests of clarity and as a starting point for this new accelerated
restriction procedure, all the
restrictions developed under that Directive should be incorporated into this
Regulation. Where appropriate, the
application of Annex XVII of this
Regulation should be facilitated by
guidance developed by the
Commission. ...
ARTICLE-31: Requirements for Safety Data Sheets [
go to this ARTICLE]
ARTICLE-32: Duty to communicate information down the supply chain for substances on their own or in preparations for which a safety
data sheet is not required [
go to this ARTICLE]
ARTICLE-58: Inclusion of substances in Annex XIV [
go to this ARTICLE]
ARTICLE-60: Granting of authorisations [
go to this ARTICLE]
... 6. A use shall not be authorised if this would
constitute a relaxation of a
restriction set out in Annex XVII. ...
ARTICLE-61: Review of authorisations [
go to this ARTICLE]
ARTICLE-68: Introducing new and amending current restrictions [
go to this ARTICLE]
... 1. When there is an unacceptable
risk to
human health or the
environment, arising from the
manufacture, use or placing on the
market of
substances, which needs to be addressed on a
Community-
wide basis, Annex XVII shall be amended in
accordance with the
procedure referred to in
Article 133(4) by adopting new
restrictions, or
amending current
restrictions in Annex XVII, for the
manufacture, use or placing on the
market of
substances on their own, in
preparations or in
articles, pursuant to the
procedure set out in
Articles 69 to
73. Any such
decision shall take into
account the
socio-economic impact of the
restriction,
including the
availability of alternatives. The first subparagraph shall not apply to the use of a
substance as an
on-site isolated intermediate. ...
... 1. When there is an unacceptable
risk to
human health or the
environment, arising from the
manufacture, use or placing on the
market of
substances, which needs to be addressed on a
Community-
wide basis, Annex XVII shall be amended in
accordance with the
procedure referred to in
Article 133(4) by adopting new
restrictions, or
amending current
restrictions in Annex XVII, for the
manufacture, use or placing on the
market of
substances on their own, in
preparations or in
articles, pursuant to the
procedure set out in
Articles 69 to
73. Any such
decision shall take into
account the
socio-economic impact of the
restriction,
including the
availability of alternatives. The first subparagraph shall not apply to the use of a
substance as an
on-site isolated intermediate. ...
... 1. When there is an unacceptable
risk to
human health or the
environment, arising from the
manufacture, use or placing on the
market of
substances, which needs to be addressed on a
Community-
wide basis, Annex XVII shall be amended in
accordance with the
procedure referred to in
Article 133(4) by adopting new
restrictions, or
amending current
restrictions in Annex XVII, for the
manufacture, use or placing on the
market of
substances on their own, in
preparations or in
articles, pursuant to the
procedure set out in
Articles 69 to
73. Any such
decision shall take into
account the
socio-economic impact of the
restriction,
including the
availability of alternatives. The first subparagraph shall not apply to the use of a
substance as an
on-site isolated intermediate. ...
ARTICLE-69: Preparation of a proposal [
go to this ARTICLE]
... 4. If a
Member State considers that the
manufacture, placing on the
market or use of a
substance on its own, in a
preparation or in an
article poses a
risk to
human health or the
environment that is not adequately controlled and needs to be addressed it shall notify the
Agency that it
proposes to prepare a
dossier which conforms to the
requirements of the
relevant sections of Annex XV. If the
substance is not on the
list maintained by the
Agency referred to in paragraph 5 of this
Article, the
Member State shall prepare a
dossier which conforms to the
requirements of Annex XV within 12
months of the
notification to the
Agency. If this
dossier demonstrates that
action on a
Community-
wide basis is necessary, beyond any
measures already in
place, the
Member State shall submit it to the
Agency in the format outlined in Annex XV, in
order to initiate the
restrictions process. The
Agency or
Member States shall refer to any
dossier,
chemical safety report or
risk assessment submitted to the
Agency or
Member State under this
Regulation. The
Agency or
Member States shall also refer to any
relevant risk assessment submitted for the
purposes of other
Community Regulations or Directives. To this end other
bodies, such as
agencies,
established under
Community law and carrying out a similar task shall provide
information to the
Agency or
Member State concerned on
request. The
Committee for
Risk Assessment and the
Committee for
Socio-economic Analysis shall check whether the
dossier submitted conforms to the
requirements of Annex XV. Within 30
days of
receipt, the respective
Committee shall inform the
Agency or the
Member State suggesting
restrictions, as to whether the
dossier conforms. If the
dossier does not conform, the
reasons shall be given to the
Agency or the
Member State in
writing within 45
days of
receipt. The
Agency or the
Member State shall bring the
dossier into
conformity within 60
days of the
date of receipt of the
reasons from the
Committees, otherwise the
procedure under this
Chapter shall be terminated. The
Agency shall
publish without
delay the
intention of the
Commission or of a
Member State to instigate a
restriction procedure for a
substance and shall inform those who submitted a
registration for that
substance. ...
... 4. If a
Member State considers that the
manufacture, placing on the
market or use of a
substance on its own, in a
preparation or in an
article poses a
risk to
human health or the
environment that is not adequately controlled and needs to be addressed it shall notify the
Agency that it
proposes to prepare a
dossier which conforms to the
requirements of the
relevant sections of Annex XV. If the
substance is not on the
list maintained by the
Agency referred to in paragraph 5 of this
Article, the
Member State shall prepare a
dossier which conforms to the
requirements of Annex XV within 12
months of the
notification to the
Agency. If this
dossier demonstrates that
action on a
Community-
wide basis is necessary, beyond any
measures already in
place, the
Member State shall submit it to the
Agency in the format outlined in Annex XV, in
order to initiate the
restrictions process. The
Agency or
Member States shall refer to any
dossier,
chemical safety report or
risk assessment submitted to the
Agency or
Member State under this
Regulation. The
Agency or
Member States shall also refer to any
relevant risk assessment submitted for the
purposes of other
Community Regulations or Directives. To this end other
bodies, such as
agencies,
established under
Community law and carrying out a similar task shall provide
information to the
Agency or
Member State concerned on
request. The
Committee for
Risk Assessment and the
Committee for
Socio-economic Analysis shall check whether the
dossier submitted conforms to the
requirements of Annex XV. Within 30
days of
receipt, the respective
Committee shall inform the
Agency or the
Member State suggesting
restrictions, as to whether the
dossier conforms. If the
dossier does not conform, the
reasons shall be given to the
Agency or the
Member State in
writing within 45
days of
receipt. The
Agency or the
Member State shall bring the
dossier into
conformity within 60
days of the
date of receipt of the
reasons from the
Committees, otherwise the
procedure under this
Chapter shall be terminated. The
Agency shall
publish without
delay the
intention of the
Commission or of a
Member State to instigate a
restriction procedure for a
substance and shall inform those who submitted a
registration for that
substance. ...
... 4. If a
Member State considers that the
manufacture, placing on the
market or use of a
substance on its own, in a
preparation or in an
article poses a
risk to
human health or the
environment that is not adequately controlled and needs to be addressed it shall notify the
Agency that it
proposes to prepare a
dossier which conforms to the
requirements of the
relevant sections of Annex XV. If the
substance is not on the
list maintained by the
Agency referred to in paragraph 5 of this
Article, the
Member State shall prepare a
dossier which conforms to the
requirements of Annex XV within 12
months of the
notification to the
Agency. If this
dossier demonstrates that
action on a
Community-
wide basis is necessary, beyond any
measures already in
place, the
Member State shall submit it to the
Agency in the format outlined in Annex XV, in
order to initiate the
restrictions process. The
Agency or
Member States shall refer to any
dossier,
chemical safety report or
risk assessment submitted to the
Agency or
Member State under this
Regulation. The
Agency or
Member States shall also refer to any
relevant risk assessment submitted for the
purposes of other
Community Regulations or Directives. To this end other
bodies, such as
agencies,
established under
Community law and carrying out a similar task shall provide
information to the
Agency or
Member State concerned on
request. The
Committee for
Risk Assessment and the
Committee for
Socio-economic Analysis shall check whether the
dossier submitted conforms to the
requirements of Annex XV. Within 30
days of
receipt, the respective
Committee shall inform the
Agency or the
Member State suggesting
restrictions, as to whether the
dossier conforms. If the
dossier does not conform, the
reasons shall be given to the
Agency or the
Member State in
writing within 45
days of
receipt. The
Agency or the
Member State shall bring the
dossier into
conformity within 60
days of the
date of receipt of the
reasons from the
Committees, otherwise the
procedure under this
Chapter shall be terminated. The
Agency shall
publish without
delay the
intention of the
Commission or of a
Member State to instigate a
restriction procedure for a
substance and shall inform those who submitted a
registration for that
substance. ...
... (a) comments on dossiers and the suggested
restrictions; ...
ARTICLE-70: Agency opinion: Committee for Risk Assessment [
go to this ARTICLE]
ARTICLE-71: Agency opinion: Committee for Socio-economic Analysis [
go to this ARTICLE]
ARTICLE-72: Submission of an opinion to the Commission [
go to this ARTICLE]
ARTICLE-83: Duties and powers of the Executive Director [
go to this ARTICLE]
... 1.
Subject to paragraph 2,
Member States shall not
prohibit,
restrict or
impede the
manufacturing,
import, placing on the
market or use of a
substance, on its own, in a
preparation or in an
article, falling within the
scope of this
Regulation, which complies with this
Regulation and, where appropriate, with
Community acts adopted in
implementation of this
Regulation. ...