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REACH - Registration, Evaluation and Authorisation of Chemicals
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source
[
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PREAMBLE
[
go to this PREAMBLE
]
... 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
. ...
... 55.
Manufacturers
and
importers
of a
substance
on its own or in a
preparation
should be
encouraged
to
communicate
with the
downstream users
of the
substance
with
regard
to whether they intend to
register
the
substance
. Such
information
should be provided to a
downstream user
sufficiently in
advance
of the
relevant
registration
deadline if the
manufacturer
or
importer
does not intend to
register
the
substance
, in
order
to enable the
downstream user
to look for alternative
sources
of
supply
. ...
ARTICLE-2
: Application [
go to this ARTICLE
]
... (ii) as a
flavouring
in foodstuffs within the
scope
of
Council
Directive 88/388/EEC of 22 June 1988 on the approximation of the
laws
of the
Member States
relating to flavourings for use in foodstuffs and to
source
materials
for their
production
(9)
and
Commission
Decision
1999/217/EC of 23 February 1999 adopting a
register
of
flavouring
substances
used in or on foodstuffs drawn up in
application
of
Regulation
(EC) No 2232/96 of the
European Parliament
and of the
Council
(10)
; ...
ARTICLE-44
: Criteria for substance evaluation [
go to this ARTICLE
]
... 2. The
Agency
shall use the
criteria
in paragraph 1 for the
purpose
of compiling a
draft
Community
rolling
action
plan
which shall cover a
period
of three
years
and shall specify
substances
to be evaluated each
year
.
Substances
shall be
included
if there are grounds for considering (either on the basis of a
dossier
evaluation
carried out by the
Agency
or on the basis of any other appropriate
source
,
including
information
in the
registration
dossier
) that a given
substance
constitutes a
risk
to
human health
or the
environment
. The
Agency
shall submit the first
draft
rolling
action
plan
to the
Member States
by 1 December 2011. The
Agency
shall submit
draft
annual
updates to the rolling
action
plan
to the
Member States
by 28 February each
year
. The
Agency
shall
adopt
the final
Community
rolling
action
plan
on the basis of an
opinion
from the
Member State
Committee
set up under
Article
76
(1)(e) (hereinafter referred to as "the
Member State
Committee
") and shall
publish
the
plan
on its website,
identifying
the
Member State
who will carry out the
evaluation
of the
substances
listed therein as
determined
according to
Article
45
. ...
ARTICLE-62
: Applications for authorisations [
go to this ARTICLE
]
... (ii) discharges of a
substance
from a point
source
governed
by the
requirement
for
prior
regulation
referred to in
Article
11(3)(g) of Directive 2000/60/EC and
legislation
adopted
under
Article
16 of that Directive. ...
ARTICLE-74
: Fees and charges [
go to this ARTICLE
]
... 3. The
structure
and
amount
of the
fees
referred to in paragraph 1 shall take
account
of the
work
required by this
Regulation
to be carried out by the
Agency
and the
competent authority
and shall be fixed at such a level as to ensure that the
revenue
derived from them when combined with other
sources
of the
Agency
's
revenue
pursuant to
Article
96
(1) is sufficient to cover the
cost
of the
services
delivered. The
fees
set for
registration
shall take into
account
the
work
that may be done pursuant to Title VI. In the
case
of
Article
6
(4),
Article
7
(1) and (5),
Article
9
(2),
Article
11
(4),
Article
17
(2) and
Article
18
(2), the
structure
and
amount
of
fees
shall take
account
of the
tonnage
range
of the
substance
being
registered
. In all
cases
, a reduced
fee
shall be set for SMEs. In the
case
of
Article
11
(4), the
structure
and
amount
of
fees
shall take into
account
whether
information
has been submitted
jointly
or separately. In the
case
of a
request
made under
Article
10
(a)(xi), the
structure
and
amount
of
fees
shall take into
account
the
work
required by the
Agency
in assessing the justification. ...
ARTICLE-76
: Composition [
go to this ARTICLE
]
... 3. The
Committees
and the
Forum
may, if they consider it appropriate,
seek
advice
on
important
questions
of a
general
scientific
or ethical
nature
from appropriate
sources
of
expertise
. ...
ARTICLE-95
: Conflicts of opinion with other bodies [
go to this ARTICLE
]
... 1. The
Agency
shall take
care
to ensure early
identification
of
potential
sources
of
conflict
between its
opinions
and those of other
bodies
established
under
Community
law
,
including
Community
Agencies
, carrying out a similar task in
relation
to issues of
common
concern
. ...
... 2. Where the
Agency
identifies
a
potential
source
of
conflict
, it shall
contact
the
body
concerned
in
order
to ensure that any
relevant
scientific
or
technical information
is
shared
and to
identify
the
scientific
or
technical
points which are
potentially
contentious. ...
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