1. The
Agency shall notify any draft decision under Articles
40,
41 or
46 to the registrant(s) or downstream user(s) concerned, informing them of their right to comment within 30 days of receipt.
If the concerned registrant(s) or downstream user(s) wish to comment, they shall provide their comments to the
Agency. The
Agency in turn shall inform the competent authority of the submission of the comments without delay. The competent authority (for
decisions taken under Article
46) and the
Agency (for decisions taken under Articles
40 and
41) shall take any comments received into account and may amend the draft decision accordingly.
2. If a registrant has ceased the manufacture or
import of the substance, or the production or
import of an article, or the downstream user the use, he shall inform the
Agency of this fact with the consequence that the
registered volume in his
registration, if appropriate, shall be put to zero and no further information may be requested with respect to that substance, unless
the registrant notifies the restart of the manufacture or
import of the substance or the production or
import of the article, or the downstream user notifies the restart of the use. The
Agency shall inform the competent authority of the Member State in which the registrant or downstream user is located.
3. The registrant may cease the manufacture or
import of the substance or the production or
import of the article, or the downstream user the use, upon receipt of the draft decision. In such cases, the registrant, or downstream
user, shall inform the
Agency of this fact with the consequence that his
registration, or report, shall no longer be valid, and no further information may be requested with respect to that substance, unless
he submits a new
registration or report. The
Agency shall inform the competent authority of the Member State in which the registrant or downstream user is located.
4. Notwithstanding paragraphs 2 and 3, further information may be required in accordance with Article
46 in either or both of the following cases:
(a) where the competent authority prepares a dossier in accordance with Annex
XV concluding that there is a potential long-term risk to human health or the environment justifying the need for further information;
(b) where the exposure to the substance manufactured or imported by the registrant(s), or to the substance in the article
produced or imported by the registrant(s), or to the substance used by the downstream user(s) contributes significantly to
that risk.
The procedure in Articles
69 to
73 shall apply mutatis mutandis.