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REACH - Registration, Evaluation and Authorisation of Chemicals
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transparency
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 19. Therefore, the
registration
provisions
should require
manufacturers
and
importers
to generate
data
on the
substances
they
manufacture
or
import
, to use these
data
to assess the
risks
related to these
substances
and to develop and recommend appropriate
risk management
measures
. To ensure that they actually
meet
these
obligations
, as well as for
transparency
reasons
,
registration
should require them to submit a
dossier
containing all this
information
to the
Agency
.
Registered
substances
should be allowed to circulate on the
internal market
. ...
... 25. The
responsibility
to assess the
risks
and
hazards
of
substances
should be given, in the first
place
, to the
natural
or
legal persons
that
manufacture
or
import
substances
, but only when they do so in
quantities
exceeding a certain volume, to enable them to carry the associated
burden
.
Natural
or
legal persons
handling
chemicals
should take the necessary
risk management
measures
in
accordance
with the
assessment
of the
risks
of
substances
and pass on
relevant
recommendations
along the
supply chain
. This should
include
describing, documenting and notifying in an appropriate and
transparent
fashion the
risks
stemming from the
production
, use and
disposal
of each
substance
. ...
... 27. For
purposes
of
enforcement
and
evaluation
and for
reasons
of
transparency
, the
information
on these
substances
, as well as related
information
,
including
on
risk management
measures
, should normally be submitted to
authorities
. ...
... 92. For
reasons
of
transparency
, the
Agency
should
publish
the
relevant
dossier
including
the suggested
restrictions
while requesting comments. ...
... 95. The
Agency
should be
central
to ensuring that
chemicals
legislation
and the
decision-making processes
and
scientific
basis underlying it have credibility with all
stakeholders
and the
public
. The
Agency
should also play a pivotal
role
in
coordinating
communication
around this
Regulation
and in its
implementation
. The
confidence
in the
Agency
of the
Community
institutions
, the
Member States
, the
general public
and interested
parties
is therefore essential. For this
reason
, it is
vital
to ensure its
independence
, high
scientific
,
technical
and
regulatory
capacities
, as well as
transparency
and
efficiency
. ...
... 117. EU-
citizens
should have
access to information
about
chemicals
to which they may be exposed, in
order
to allow them to make informed
decisions
about their use of
chemicals
. A
transparent
means of achieving this is to
grant
them
free
and easy
access
to basic
data
held in the
Agency
's database,
including
brief profiles of
hazardous
properties,
labelling
requirements
and
relevant
Community
legislation
including
authorised uses and
risk management
measures
. The
Agency
and
Member States
should allow
access to information
in
accordance
with Directive 2003/4/EC of the
European Parliament
and of the
Council
of 28 January 2003 on
public access
to
environmental
information
(16)
,
Regulation
(EC) No 1049/2001 of the
European Parliament
and of the
Council
of 30 May 2001 regarding
public access
to
European Parliament
,
Council
and
Commission
documents
(17)
and with the UNECE
Convention
on
Access to Information
,
Public Participation
in
Decision-Making
and
Access
to
Justice
in
Environmental
Matters, to which the
European Community
is a
party
. ...
... 122. In
order
to ensure
transparency
,
impartiality
and
consistency
in the level of
enforcement
activities
by
Member States
, it is necessary for
Member States
to set up an appropriate
framework
for
penalties
with a
view
to imposing effective, proportionate and dissuasive
penalties
for
non-compliance
, as
non-compliance
can result in
damage
to
human health
and the
environment
. ...
ARTICLE-27
: Sharing of existing data in the case of registered substances [
go to this ARTICLE
]
... 3. The previous
registrant
and
potential
registrant
(s) shall make every effort to ensure that the
costs
of
sharing
the
information
are
determined
in a
fair
,
transparent
and non-
discriminatory
way. This may be facilitated by following
cost
sharing
guidance
based on those
principles
which is
adopted
by the
Agency
in
accordance
with
Article
77
(2)(g).
Registrants
are only required to
share
in the
costs
of
information
that they are required to submit to satisfy their
registration
requirements
. ...
ARTICLE-30
: Sharing of data involving tests [
go to this ARTICLE
]
... 1. Before
testing
is carried out in
order
to
meet
the
information
requirements
for the
purposes
of
registration
, a SIEF
participant
shall inquire whether a
relevant
study
is available by
communicating
within his SIEF. If a
relevant
study
involving
tests
on
vertebrate animals
is available within the SIEF, a
participant
of that SIEF shall
request
that
study
. If a
relevant
study
not involving
tests
on
vertebrate animals
is available within the SIEF, a SIEF
participant
may
request
that
study
. Within one
month
of the
request
, the
owner
of the
study
shall provide
proof
of its
cost
to the
participant
(s) requesting it. The
participant
(s) and the
owner
shall make every effort to ensure that the
costs
of
sharing
the
information
are
determined
in a
fair
,
transparent
and non
discriminatory
way. This may be facilitated by following any
cost
sharing
guidance
which is based on those
principles
and is
adopted
by the
Agency
in
accordance
with
Article
77
(2)(g). If they cannot reach such an
agreement
, the
cost
shall be
shared
equally
. The
owner
shall give
permission
to refer to the
full study report
for the
purpose
of
registration
within two
weeks
of
receipt
of
payment
.
Registrants
are only required to
share
in the
costs
of
information
that they are required to submit to satisfy their
registration
requirements
. ...
ARTICLE-109
: Rules on transparency [
go to this ARTICLE
]
...
Rules
on
transparency
...
... To ensure
transparency
, the
Management Board
shall, on the basis of a
proposal
by the
Executive Director
and in
agreement
with the
Commission
,
adopt
rules
to ensure the
availability
to the
public
of
regulatory
,
scientific
or
technical information
concerning
the
safety
of
substances
on their own, in
preparations
or in
articles
which is not of a
confidential
nature
. ...
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