| ARTICLE 61: |
Review of authorisations |
1. Authorisations granted in accordance with Article
60 shall be regarded as valid until the Commission decides to amend or withdraw the
authorisation in the context of a review, provided that the holder of the
authorisation submits a review report at least 18 months before the expiry of the time-limited review period. Rather than re-submitting
all elements of the original application for the current
authorisation, the holder of an
authorisation may submit only the number of the current
authorisation, subject to the second, third and fourth subparagraphs.
A holder of an
authorisation granted in accordance with Article
60 shall submit an update of the analysis of alternatives referred to in Article
62(4)(e), including information about any relevant
research and development activities by the applicant, if appropriate, and any substitution plan submitted under Article
62(4)(f). If the update of the analysis of alternatives shows that there is a suitable alternative available taking into account
the elements in Article
60(5), he shall submit a substitution plan, including a timetable for proposed actions by the applicant. If the holder cannot
demonstrate that the risk is adequately controlled, he shall also submit an update of the
socio-economic analysis contained in the original application.
If he can now demonstrate that the risk is adequately controlled, he shall submit an update of the chemical safety report.
If any other elements of the original application have changed, he shall also submit updates of these element(s).
When any updated information is submitted in accordance with this paragraph, any decision to amend or withdraw the
authorisation in the context of the review shall be taken in accordance with the procedure referred to in Article
64 applied mutatis mutandis.
2. Authorisations may be reviewed at any time if:
(a) the circumstances of the original
authorisation have changed so as to affect the risk to human health or the environment, or the
socio-economic impact; or
(b) new information on possible substitutes becomes available.
The Commission shall set a reasonable deadline by which the holder(s) of the
authorisation may submit further information necessary for the review and indicate by when it will take a decision in accordance with Article
64.
3. In its review decision the Commission may, if circumstances have changed and taking into account the principle of proportionality,
amend or withdraw the
authorisation, if under the changed circumstances it would not have been granted or if suitable alternatives in accordance with Article
60(5) become available. In the latter case the Commission shall require the holder of the
authorisation to present a substitution plan if he has not already done so as part of his application or update.
In cases where there is a serious and immediate risk for human health or the environment, the Commission may suspend the
authorisation pending the review, taking into account the principle of proportionality.
4. If an environmental quality standard referred to in Directive 96/61/EC is not met, the authorisations granted for the use
of the substance concerned may be reviewed.
5. If the environmental objectives as referred to in Article 4(1) of Directive 2000/60/EC are not met, the authorisations
granted for the use of the substance concerned in the relevant river basin may be reviewed.
6. If a use of a substance is subsequently prohibited or otherwise restricted in Regulation (EC) No 850/2004 of the European
Parliament and of the Council of 29 April 2004 on
persistent organic pollutants
(51), the Commission shall withdraw the
authorisation for that use.