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| ARTICLE 40: | Examination of testing proposals |
1. The Agency shall examine any testing proposal set out in a registration or a downstream user report for provision of the information specified in Annexes IX and X for a substance. Priority shall be given to registrations of substances which have or may have PBT, vPvB, sensitising and/or carcinogenic, mutagenic or toxic for reproduction (CMR) properties, or substances classified as dangerous according to Directive 67/548/EEC above 100 tonnes per year with uses resulting in widespread and
diffuse exposure.
2. Information relating to testing proposals involving tests on vertebrate animals shall be published on the Agency website. The Agency shall publish on its website the name of the substance, the hazard end-point for which vertebrate testing is proposed, and
the date by which any third party information is required. It shall invite third parties to submit, using the format provided
by the Agency, scientifically valid information and studies that address the relevant substance and hazard end-point, addressed by the testing proposal, within 45 days of the date of
publication. All such scientifically valid information and studies received shall be taken into account by the Agency in preparing its decision in accordance with paragraph 3.
3. On the basis of the examination under paragraph 1, the Agency shall draft one of the following decisions and that decision shall be taken in accordance with the procedure laid down in
Articles 50 and 51:
(a) a decision requiring the registrant(s) or downstream user(s) concerned to carry out the proposed test and setting a deadline
for submission of the study summary, or the robust study summary if required by Annex I;
(b) a decision in accordance with point (a), but modifying the conditions under which the test is to be carried out;
(c) a decision in accordance with points (a), (b) or (d) but requiring registrant(s) or downstream user(s) to carry out one
or more additional tests in cases of non-compliance of the testing proposal with Annexes IX, X and XI;
(d) a decision rejecting the testing proposal;
(e) a decision in accordance with points (a), (b) or (c), if several registrants or downstream users of the same substance have submitted proposals for the same test, giving them the opportunity to reach an agreement on who
will perform the test on behalf of all of them and to inform the Agency accordingly within 90 days. If the Agency is not informed of such agreement within such 90 days, it shall designate one of the registrants or downstream users, as appropriate, to perform the test on behalf of all of them.
4. The registrant or downstream user shall submit the information required to the Agency by the deadline set.
- Referred by:
- ARTICLE 22: Further duties of registrants
- ARTICLE 42: Check of information submitted and follow-up to dossier evaluation
- ARTICLE 43: Procedure and time periods for examination of testing proposals
- ARTICLE 50: Registrants' and downstream users' rights
- ARTICLE 51: Adoption of decisions under dossier evaluation
- ARTICLE VI: INFORMATION REQUIREMENTS REFERRED TO IN ARTICLE 10
- ARTICLE VIII: STANDARD INFORMATION REQUIREMENTS FOR SUBSTANCES MANUFACTURED OR IMPORTED IN QUANTITIES OF 10 TONNES OR MORE [66]
- ARTICLE IX: STANDARD INFORMATION REQUIREMENTS FOR SUBSTANCES MANUFACTURED OR IMPORTED IN QUANTITIES OF 100 TONNES OR MORE [68]
- ARTICLE X: STANDARD INFORMATION REQUIREMENTS FOR SUBSTANCES MANUFACTURED OR IMPORTED IN QUANTITIES OF 1000 TONNES OR MORE [70]