import
PREAMBLE: REACH - Registration, Evaluation, Authorisation and Restriction of Chemicals [
go to this PREAMBLE]
... (16) This Regulation lays down specific duties and obligations on
manufacturers,
importers and
downstream users of
substances on their own, in preparations and in articles. This Regulation is based on the principle that industry should manufacture,
import or use
substances or place them on the market with such responsibility and care as may be required to ensure that, under reasonably foreseeable
conditions, human health and the environment are not adversely affected. ...
... (16) This Regulation lays down specific duties and obligations on
manufacturers,
importers and
downstream users of
substances on their own, in preparations and in articles. This Regulation is based on the principle that industry should manufacture,
import or use
substances or place them on the market with such responsibility and care as may be required to ensure that, under reasonably foreseeable
conditions, human health and the environment are not adversely affected. ...
... (18) Responsibility for the management of the risks of
substances should lie with the natural or legal persons that manufacture,
import, place on the market or use these
substances. Information on the implementation of this Regulation should be easily accessible, in particular for SMEs. ...
... (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. ...
... (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. ...
... (21) Although the information yielded on
substances through
evaluation should be used in the first place by
manufacturers and
importers to manage the risks related to their
substances, it may also be used to initiate the
authorisation or restrictions procedures under this Regulation or risk management procedures under other Community legislation. Therefore
it should be ensured that this information is available to the competent authorities and may be used by them for the purpose
of such procedures. ...
... (24) In preparation for this Regulation, the Commission has launched REACH Implementation Projects (RIPs), involving
relevant experts from stakeholder groups. Some of those projects aim at developing draft guidelines and tools which should
help the Commission, the
Agency,
Member States,
manufacturers,
importers and
downstream users of
substances to fulfil, in concrete terms, their obligations under this Regulation. This work should enable the Commission and the
Agency to make available appropriate technical guidance, in due time, with regard to the deadlines introduced by this Regulation.
...
... (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. ...
... (29) Since
producers and
importers of articles should be responsible for their articles, it is appropriate to impose a
registration requirement on
substances which are intended to be released from articles and have not been
registered for that use. In the case of
substances of very high concern which are present in articles above tonnage and
concentration thresholds, where exposure to the substance cannot be excluded and where the substance has not been
registered by any person for this use, the
Agency should be notified. The
Agency should also be empowered to request that a
registration be submitted if it has grounds for suspecting that the release of a substance from the article may present a risk to human
health or the environment and the substance is present in those articles in quantities totalling over one tonne per producer
or
importer per year. The
Agency should consider the need for a proposal for a
restriction where it considers that the use of such
substances in articles poses a risk to human health or the environment that is not adequately controlled. ...
... (29) Since
producers and
importers of articles should be responsible for their articles, it is appropriate to impose a
registration requirement on
substances which are intended to be released from articles and have not been
registered for that use. In the case of
substances of very high concern which are present in articles above tonnage and
concentration thresholds, where exposure to the substance cannot be excluded and where the substance has not been
registered by any person for this use, the
Agency should be notified. The
Agency should also be empowered to request that a
registration be submitted if it has grounds for suspecting that the release of a substance from the article may present a risk to human
health or the environment and the substance is present in those articles in quantities totalling over one tonne per producer
or
importer per year. The
Agency should consider the need for a proposal for a
restriction where it considers that the use of such
substances in articles poses a risk to human health or the environment that is not adequately controlled. ...
... (30) The requirements for undertaking chemical safety
assessments by
manufacturers and
importers should be defined in detail in a technical annex to allow them to meet their obligations. To achieve fair burden sharing
with their customers,
manufacturers and
importers should in their chemical safety assessment address not only their own uses and the uses for which they place their
substances on the market, but also all uses which their customers ask them to address. ...
... (30) The requirements for undertaking chemical safety
assessments by
manufacturers and
importers should be defined in detail in a technical annex to allow them to meet their obligations. To achieve fair burden sharing
with their customers,
manufacturers and
importers should in their chemical safety assessment address not only their own uses and the uses for which they place their
substances on the market, but also all uses which their customers ask them to address. ...
... (34) Requirements for generation of information on
substances should be tiered according to the volumes of manufacture or importation of a substance, because these provide an indication
of the potential for exposure of man and the environment to the
substances, and should be described in detail. To reduce the possible impact on low volume
substances, new toxicological and ecotoxicological information should only be required for priority
substances between 1 and 10 tonnes. For other
substances in that quantity range there should be incentives to encourage
manufacturers and
importers to provide this information. ...
... (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. ...
... (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. ...
... (56) Part of the responsibility of
manufacturers or
importers for the management of the risks of
substances is the communication of information on these
substances to other professionals such as
downstream users or
distributors. In addition,
producers or
importers of articles should
supply information on the safe use of articles to industrial and professional users, and consumers on request. This important responsibility
should also apply throughout the
supply chain to enable all actors to meet their responsibility in relation to management of risks arising from the use of
substances. ...
... (56) Part of the responsibility of
manufacturers or
importers for the management of the risks of
substances is the communication of information on these
substances to other professionals such as
downstream users or
distributors. In addition,
producers or
importers of articles should
supply information on the safe use of articles to industrial and professional users, and consumers on request. This important responsibility
should also apply throughout the
supply chain to enable all actors to meet their responsibility in relation to management of risks arising from the use of
substances. ...
... (58) In order to have a chain of responsibilities,
downstream users should be responsible for assessing the risks arising from their uses of
substances if those uses are not covered by a
safety data sheet received from their
suppliers, unless the downstream user concerned takes more protective measures than those recommended by his
supplier or unless his
supplier was not required to assess those risks or provide him with information on those risks. For the same reason,
downstream users should manage the risks arising from their uses of
substances. In addition, it is appropriate that any producer or
importer of an article containing a substance of very high concern should provide sufficient information to allow safe use of such
an article. ...
... (63) It is also necessary to ensure that generation of information is tailored to real information needs. To this end
evaluation should require the
Agency to decide on the programmes of testing proposed by
manufacturers and
importers. In cooperation with
Member States, the
Agency should give priority to certain
substances, for instance those which may be of very high concern. ...
... (66) The
Agency should also be empowered to require further information from
manufacturers,
importers or
downstream users on
substances suspected of posing a risk to human health or the environment, including by reason of their presence on the internal market
in high volumes, on the basis of evaluations performed. Based on the criteria for prioritising
substances developed by the
Agency in cooperation with the
Member States a Community rolling action plan for substance
evaluation should be established, relying on Member State competent authorities to evaluate
substances included therein. If a risk equivalent to the level of concern arising from the use of
substances subject to
authorisation arises from the use of isolated
intermediates on site, the competent authorities of the
Member States should also be allowed to require further information, when justified. ...
... (86) It should be the responsibility of the manufacturer,
importer and downstream user to identify the appropriate risk management measures needed to ensure a high level of protection for
human health and the environment from the manufacturing, placing on the market or use of a substance on its own, in a preparation
or in an article. However, where this is considered to be insufficient and where Community legislation is justified, appropriate
restrictions should be laid down. ...
... (114) To ensure a harmonised protection for the general public, and, in particular, for persons who come into contact
with certain
substances, and the proper functioning of other Community legislation relying on the classification and labelling, an inventory should
record the classification in accordance with Directive 67/548/EEC and Directive 1999/45/EC agreed by
manufacturers and
importers of the same substance, if possible, as well as decisions taken at Community level to harmonise the classification and labelling
of some
substances. This should take full account of the work and experience accumulated in connection with the activities under Directive 67/548/EEC,
including the classification and labelling of specific
substances or groups of
substances listed in Annex I of Directive 67/548/EEC. ...
... 3. This Regulation is based on the principle that it is for
manufacturers,
importers and
downstream users to ensure that they manufacture, place on the market or use such
substances that do not adversely affect human health or the environment. Its provisions are underpinned by the precautionary principle.
...
... 7. registrant: means the manufacturer or the
importer of a substance or the producer or
importer of an article submitting a
registration for a substance; ...
... 7. registrant: means the manufacturer or the
importer of a substance or the producer or
importer of an article submitting a
registration for a substance; ...
... 10. import: means the physical introduction into the customs territory of the Community; ...
... 11.
importer: means any natural or legal person established within the Community who is responsible for
import; ...
... 11. importer: means any natural or legal person established within the Community who is responsible for import; ...
... 12. placing on the market: means supplying or making available, whether in return for payment or
free of charge, to a third party.
Import shall be deemed to be placing on the market; ...
... 13. downstream user: means any natural or legal person established within the Community, other than the manufacturer
or the
importer, who uses a substance, either on its own or in a preparation, in the course of his industrial or professional activities.
A distributor or a consumer is not a downstream user. A re-
importer exempted pursuant to Article
2(7)(c) shall be regarded as a downstream user; ...
... 13. downstream user: means any natural or legal person established within the Community, other than the manufacturer
or the
importer, who uses a substance, either on its own or in a preparation, in the course of his industrial or professional activities.
A distributor or a consumer is not a downstream user. A re-
importer exempted pursuant to Article
2(7)(c) shall be regarded as a downstream user; ...
... (b) it was manufactured in the Community, or in the countries acceding to the European Union on 1 January 1995 or on
1 May 2004, but not placed on the market by the manufacturer or
importer, at least once in the 15 years before the entry into force of this Regulation, provided the manufacturer or
importer has documentary evidence of this; ...
... (b) it was manufactured in the Community, or in the countries acceding to the European Union on 1 January 1995 or on
1 May 2004, but not placed on the market by the manufacturer or
importer, at least once in the 15 years before the entry into force of this Regulation, provided the manufacturer or
importer has documentary evidence of this; ...
... (c) it was placed on the market in the Community, or in the countries acceding to the European Union on 1 January 1995,
on 1 May 2004 or on 1 January 2007, by the manufacturer or
importer at any time between 18 September 1981 and 31 October 1993 inclusive, and before the entry into force of this Regulation it
was considered as having been notified in accordance with the first indent of Article 8(1) of Directive 67/548/EEC in the
version of Article 8(1) resulting from the amendment effected by Directive 79/831/EEC, but it does not meet the definition
of a polymer as set out in this Regulation, provided the manufacturer or
importer has documentary evidence of this; ...
... (c) it was placed on the market in the Community, or in the countries acceding to the European Union on 1 January 1995,
on 1 May 2004 or on 1 January 2007, by the manufacturer or
importer at any time between 18 September 1981 and 31 October 1993 inclusive, and before the entry into force of this Regulation it
was considered as having been notified in accordance with the first indent of Article 8(1) of Directive 67/548/EEC in the
version of Article 8(1) resulting from the amendment effected by Directive 79/831/EEC, but it does not meet the definition
of a polymer as set out in this Regulation, provided the manufacturer or
importer has documentary evidence of this; ...
... 30. per year: means per calendar year, unless stated otherwise, for
phase-in substances that have been imported or manufactured for at least three consecutive years, quantities per year shall be calculated on
the basis of the average production or
import volumes for the three preceding calendar years; ...
... 32.
supplier of a substance or a preparation: means any manufacturer,
importer, downstream user or distributor placing on the market a substance, on its own or in a preparation, or a preparation; ...
... 33.
supplier of an article: means any producer or
importer of an article, distributor or other actor in the
supply chain placing an article on the market; ...
... 37.
exposure scenario: means the set of conditions, including operational conditions and risk management measures, that describe how the substance
is manufactured or used during its life-cycle and how the manufacturer or
importer controls, or recommends
downstream users to control, exposures of humans and the environment. These exposure scenarios may cover one specific process or use or several
processes or uses as appropriate; ...
... Any manufacturer,
importer, or where relevant downstream user, may, whilst retaining full responsibility for complying with his obligations under this
Regulation, appoint a third party representative for all proceedings under Article
11, Article
19, Title III and Article
53 involving discussions with other
manufacturers,
importers, or where relevant
downstream users. In these cases, the identity of a manufacturer or
importer or downstream user who has appointed a representative shall not normally be disclosed by the
Agency to other
manufacturers,
importers, or, where relevant,
downstream users. ...
... Any manufacturer,
importer, or where relevant downstream user, may, whilst retaining full responsibility for complying with his obligations under this
Regulation, appoint a third party representative for all proceedings under Article
11, Article
19, Title III and Article
53 involving discussions with other
manufacturers,
importers, or where relevant
downstream users. In these cases, the identity of a manufacturer or
importer or downstream user who has appointed a representative shall not normally be disclosed by the
Agency to other
manufacturers,
importers, or, where relevant,
downstream users. ...
... Any manufacturer,
importer, or where relevant downstream user, may, whilst retaining full responsibility for complying with his obligations under this
Regulation, appoint a third party representative for all proceedings under Article
11, Article
19, Title III and Article
53 involving discussions with other
manufacturers,
importers, or where relevant
downstream users. In these cases, the identity of a manufacturer or
importer or downstream user who has appointed a representative shall not normally be disclosed by the
Agency to other
manufacturers,
importers, or, where relevant,
downstream users. ...
... Any manufacturer,
importer, or where relevant downstream user, may, whilst retaining full responsibility for complying with his obligations under this
Regulation, appoint a third party representative for all proceedings under Article
11, Article
19, Title III and Article
53 involving discussions with other
manufacturers,
importers, or where relevant
downstream users. In these cases, the identity of a manufacturer or
importer or downstream user who has appointed a representative shall not normally be disclosed by the
Agency to other
manufacturers,
importers, or, where relevant,
downstream users. ...
ARTICLE-6: General obligation to register substances on their own or in preparations [
go to this ARTICLE]
... 1. Save where this Regulation provides otherwise, any manufacturer or
importer of a substance, either on its own or in one or more preparation(s), in quantities of one tonne or more per year shall submit
a
registration to the
Agency. ...
... 3. Any manufacturer or
importer of a polymer shall submit a
registration to the
Agency for the monomer substance(s) or any other substance(s), that have not already been
registered by an actor up the
supply chain, if both the following conditions are met: ...
ARTICLE-7: Registration and notification of substances in articles [
go to this ARTICLE]
... 1. Any producer or
importer of articles shall submit a
registration to the
Agency for any substance contained in those articles, if both the following conditions are met: ...
... (a) the substance is present in those articles in quantities totalling over one tonne per producer or
importer per year; ...
... 2. Any producer or
importer of articles shall notify the
Agency, in accordance with paragraph 4 of this Article, if a substance meets the criteria in Article
57 and is identified in accordance with Article
59(1), if both the following conditions are met: ...
... (a) the substance is present in those articles in quantities totalling over one tonne per producer or
importer per year; ...
... 3. Paragraph 2 shall not apply where the producer or
importer can exclude exposure to humans or the environment during normal or reasonably foreseeable conditions of use including disposal.
In such cases, the producer or
importer shall
supply appropriate instructions to the recipient of the article. ...
... 3. Paragraph 2 shall not apply where the producer or
importer can exclude exposure to humans or the environment during normal or reasonably foreseeable conditions of use including disposal.
In such cases, the producer or
importer shall
supply appropriate instructions to the recipient of the article. ...
... (a) the identity and contact details of the producer or
importer as specified in section 1 of Annex
VI, with the exception of their own use sites; ...
... 5. The
Agency may take decisions requiring
producers or
importers of articles to submit a
registration, in accordance with this Title, for any substance in those articles, if all the following conditions are met: ...
... (a) the substance is present in those articles in quantities totalling over one tonne per producer or
importer per year; ...
ARTICLE-8: Only representative of a non-Community manufacturer [
go to this ARTICLE]
... 1. A natural or legal person established outside the Community who manufactures a substance on its own, in preparations
or in articles, formulates a preparation or produces an article that is imported into the Community may by mutual agreement
appoint a natural or legal person established in the Community to fulfil, as his only representative, the obligations on
importers under this Title. ...
... 2. The representative shall also comply with all other obligations of
importers under this Regulation. To this end, he shall have a sufficient background in the practical handling of
substances and the information related to them and, without prejudice to Article
36, shall keep available and up-to-date information on quantities imported and customers sold to, as well as information on
the
supply of the latest update of the
safety data sheet referred to in Article
31. ...
... 3. If a representative is appointed in accordance with paragraphs 1 and 2, the non-Community manufacturer shall inform
the
importer(s) within the same
supply chain of the appointment. These
importers shall be regarded as
downstream users for the purposes of this Regulation. ...
... 3. If a representative is appointed in accordance with paragraphs 1 and 2, the non-Community manufacturer shall inform
the
importer(s) within the same
supply chain of the appointment. These
importers shall be regarded as
downstream users for the purposes of this Regulation. ...
ARTICLE-9: Exemption from the general obligation to register for product and process orientated research and development (PPORD) [
go to this ARTICLE]
... 1. Articles
5,
6,
7,
17,
18 and
21 shall not apply for a period of five years to a substance manufactured in the Community or imported for the purposes of product
and process orientated
research and development by a manufacturer or
importer or producer of articles, by himself or in cooperation with listed customers and in a quantity which is limited to the purpose
of product and process orientated
research and development. ...
... 2. For the purpose of paragraph 1, the manufacturer or
importer or producer of articles shall notify the
Agency of the following information: ...
... (a) the identity of the manufacturer or
importer or producer of articles as specified in section 1 of Annex
VI; ...
... 3. The
Agency shall check the completeness of the information supplied by the notifier and Article
20(2) shall apply adapted as necessary. The
Agency shall assign a number to the notification and a notification date, which shall be the date of receipt of the notification
at the
Agency, and shall forthwith communicate that number and date to the manufacturer, or
importer, or producer of articles concerned. The
Agency shall also communicate this information to the competent authority of the Member State(s) concerned. ...
... 5. In the absence of any indication to the contrary, the manufacturer or
importer of the substance or the producer or
importer of articles may manufacture or
import the substance or produce or
import the articles not earlier than two weeks after the notification. ...
... 5. In the absence of any indication to the contrary, the manufacturer or
importer of the substance or the producer or
importer of articles may manufacture or
import the substance or produce or
import the articles not earlier than two weeks after the notification. ...
... 5. In the absence of any indication to the contrary, the manufacturer or importer of the substance or the producer or importer of articles may manufacture or import the substance or produce or import the articles not earlier than two weeks after the notification. ...
... 5. In the absence of any indication to the contrary, the manufacturer or importer of the substance or the producer or importer of articles may manufacture or import the substance or produce or import the articles not earlier than two weeks after the notification. ...
... 6. The manufacturer or
importer or producer of articles shall comply with any conditions imposed by the
Agency in accordance with paragraph 4. ...
... 7. The
Agency may decide to extend the five-year exemption period by a further maximum of five years or, in the case of
substances to be used exclusively in the development of medicinal products for human or veterinary use, or for
substances that are not placed on the market, for a further maximum of ten years, upon request if the manufacturer or
importer or producer of articles can demonstrate that such an extension is justified by the
research and development programme. ...
... 8. The
Agency shall forthwith communicate any draft decisions to the competent authorities of each Member State in which the manufacture,
import, production or product and process orientated research takes place. ...
ARTICLE-10: Information to be submitted for general registration purposes [
go to this ARTICLE]
... (i) the identity of the manufacturer(s) or
importer(s) as specified in section 1 of Annex
VI; ...
... (viii) an indication as to which of the information submitted under (iii), (iv), (vi), (vii) or subparagraph (b) has
been reviewed by an assessor chosen by the manufacturer or
importer and having appropriate experience; ...
... (xi) a request as to which of the information in Article
119(2) the manufacturer or
importer considers should not be made available on the Internet in accordance with Article
77(2)(e), including a justification as to why publication could be harmful for his or any other concerned party's commercial
interests. ...
ARTICLE-11: Joint submission of data by multiple registrants [
go to this ARTICLE]
... 1. When a substance is intended to be manufactured in the Community by one or more
manufacturers and/or imported by one or more
importers, and/or is subject to
registration under Article
7, the following shall apply. ...
ARTICLE-12: Information to be submitted depending on tonnage [
go to this ARTICLE]
... (a) the information specified in Annex
VII for non-
phase-in substances, and for
phase-in substances meeting one or both of the criteria specified in Annex
III, manufactured or imported in quantities of one tonne or more per year per manufacturer or
importer; ...
... (b) the information on physicochemical properties specified in Annex
VII, section 7 for
phase-in substances manufactured or imported in quantities of one tonne or more per year per manufacturer or
importer which do not meet either of the criteria specified in Annex
III; ...
... (c) the information specified in Annexes
VII and
VIII for
substances manufactured or imported in quantities of 10 tonnes or more per year per manufacturer or
importer; ...
... (d) the information specified in Annexes
VII and
VIII and testing proposals for the provision of the information specified in Annex
IX for
substances manufactured or imported in quantities of 100 tonnes or more per year per manufacturer or
importer; ...
... (e) the information specified in Annexes
VII and
VIII and testing proposals for the provision of the information specified in Annexes
IX and
X for
substances manufactured or imported in quantities of 1000 tonnes or more per year per manufacturer or
importer. ...
... 2. As soon as the quantity of a substance per manufacturer or
importer that has already been
registered reaches the next tonnage threshold, the manufacturer or
importer shall inform the
Agency immediately of the additional information he would require under paragraph 1. Article
26(3) and (4) shall apply adapted as necessary. ...
... 2. As soon as the quantity of a substance per manufacturer or
importer that has already been
registered reaches the next tonnage threshold, the manufacturer or
importer shall inform the
Agency immediately of the additional information he would require under paragraph 1. Article
26(3) and (4) shall apply adapted as necessary. ...
ARTICLE-15: Substances in plant protection and biocidal products [
go to this ARTICLE]
... 1. Active
substances and co-formulants manufactured or imported for use in plant protection products only and included either in Annex I to Council
Directive 91/414/EEC
(40) or in Commission Regulation (EEC) No 3600/92
(41), Commission Regulation (EC) No 703/2001
(42), Commission Regulation (EC) No 1490/2002
(43), or Commission Decision 2003/565/EC
(44) and for any substance for which a Commission Decision on the completeness of the dossier has been taken pursuant to Article
6 of Directive 91/414/EEC shall be regarded as being
registered and the
registration as completed for manufacture or
import for the use as a plant protection product and therefore as fulfilling the requirements of Chapters 1 and 5 of this Title.
...
... 2. Active
substances manufactured or imported for use in
biocidal products only and included either in Annexes I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council of 16
February 1998 concerning the placing of
biocidal products on the market
(45) or in Commission Regulation (EC) No 2032/2003
(46)on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC, until the date of the
decision referred to in the second subparagraph of Article 16(2) of Directive 98/8/EC, shall be regarded as being
registered and the
registration as completed for manufacture or
import for the use in a biocidal product and therefore as fulfilling the requirements of Chapters 1 and 5 of this Title. ...
ARTICLE-18: Registration of transported isolated intermediates [
go to this ARTICLE]
... 1. Any manufacturer or
importer of a transported isolated intermediate in quantities of one tonne or more per year shall submit a
registration to the
Agency for the transported isolated intermediate. ...
... (a) the identity of the manufacturer or
importer as specified in Section 1 of Annex
VI; ...
... 3. A
registration for a transported isolated intermediate in quantities of more than 1000 tonnes per year per manufacturer or
importer shall include the information specified in Annex
VII in addition to the information required under paragraph 2. ...
... 4. Paragraphs 2 and 3 shall apply only to transported isolated
intermediates if the manufacturer or
importer confirms himself or states that he has received confirmation from the user that the synthesis of (an)other substance(s) from
that intermediate takes place on other sites under the following strictly controlled conditions: ...
ARTICLE-19: Joint submission of data on isolated intermediates by multiple registrants [
go to this ARTICLE]
... 1. When an on-site isolated intermediate or transported isolated intermediate is intended to be manufactured in the Community
by one or more
manufacturers and/or imported by one or more
importers, the following shall apply. ...
... Subject to paragraph 2 of this Article, the information specified in Article
17(2)(c) and (d) and Article
18(2)(c) and (d) shall first be submitted by one manufacturer or
importer acting with the agreement of the other assenting manufacturer(s) or
importer(s) (hereinafter referred to as "the lead registrant"). ...
... Subject to paragraph 2 of this Article, the information specified in Article
17(2)(c) and (d) and Article
18(2)(c) and (d) shall first be submitted by one manufacturer or
importer acting with the agreement of the other assenting manufacturer(s) or
importer(s) (hereinafter referred to as "the lead registrant"). ...
... 2. A manufacturer or
importer may submit the information referred to in Article
17(2)(c) or (d) and Article
18(2)(c) or (d) separately if: ...
... If points (a), (b) or (c) apply, the manufacturer or
importer shall submit, along with the dossier, an explanation as to why the costs would be disproportionate, why disclosure of information
was likely to lead to substantial commercial detriment, or the nature of the disagreement, as the case may be. ...
... The relevant Member State shall be the Member State within which the manufacture takes place or the
importer is established. ...
ARTICLE-21: Manufacturing and import of substances [
go to this ARTICLE]
... 1. A registrant may start or continue the manufacture or
import of a substance or production or
import of an article, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three weeks after the submission date, without prejudice to Article
27(8). ...
... 1. A registrant may start or continue the manufacture or
import of a substance or production or
import of an article, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three weeks after the submission date, without prejudice to Article
27(8). ...
... In the case of
registrations of
phase-in substances, such a registrant may continue the manufacture or
import of the substance or production or
import of an article, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three weeks after the submission date or, if submitted within the two-month period before the relevant deadline
of Article
23, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three months from that deadline, without prejudice to Article
27(8). ...
... In the case of
registrations of
phase-in substances, such a registrant may continue the manufacture or
import of the substance or production or
import of an article, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three weeks after the submission date or, if submitted within the two-month period before the relevant deadline
of Article
23, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three months from that deadline, without prejudice to Article
27(8). ...
... In the case of an update of a
registration according to Article
22 a registrant may continue the manufacture or
import of the substance, or the production or
import of the article, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three weeks after the update date, without prejudice to Article
27(8). ...
... In the case of an update of a
registration according to Article
22 a registrant may continue the manufacture or
import of the substance, or the production or
import of the article, if there is no indication to the contrary from the
Agency in accordance with Article
20(2) within the three weeks after the update date, without prejudice to Article
27(8). ...
... 2. If the
Agency has informed the registrant that he is to submit further information in accordance with the third subparagraph of Article
20(2), the registrant may start the manufacture or
import of a substance or production or
import of an article if there is no indication to the contrary from the
Agency within the three weeks after receipt by the
Agency of the further information necessary to complete his
registration, without prejudice to Article
27(8). ...
... 2. If the
Agency has informed the registrant that he is to submit further information in accordance with the third subparagraph of Article
20(2), the registrant may start the manufacture or
import of a substance or production or
import of an article if there is no indication to the contrary from the
Agency within the three weeks after receipt by the
Agency of the further information necessary to complete his
registration, without prejudice to Article
27(8). ...
... 3. If a lead registrant submits parts of the
registration on behalf of one or more other registrants, as provided for in Articles
11 or
19, any of the other registrants may manufacture or
import the substance or produce or
import the articles only after the expiry of the time-limit laid down in paragraph 1 or 2 of this Article and provided that there
is no indication to the contrary from the
Agency in respect of the
registration of the lead registrant acting on behalf of the others and his own
registration. ...
... 3. If a lead registrant submits parts of the
registration on behalf of one or more other registrants, as provided for in Articles
11 or
19, any of the other registrants may manufacture or
import the substance or produce or
import the articles only after the expiry of the time-limit laid down in paragraph 1 or 2 of this Article and provided that there
is no indication to the contrary from the
Agency in respect of the
registration of the lead registrant acting on behalf of the others and his own
registration. ...
ARTICLE-22: Further duties of registrants [
go to this ARTICLE]
... (a) any change in his status, such as being a manufacturer, an
importer or a producer of articles, or in his identity, such as his name or address; ...
... (c) changes in the annual or total quantities manufactured or imported by him or in the quantities of
substances present in articles produced or imported by him if these result in a change of tonnage band, including cessation of manufacture
or
import; ...
ARTICLE-23: Specific provisions for phase-in substances [
go to this ARTICLE]
... (a)
phase-in substances classified as carcinogenic,
mutagenic or
toxic to reproduction, category 1 or 2, in accordance with Directive 67/548/EEC and manufactured in the Community or imported,
in quantities reaching one tonne or more per year per manufacturer or per
importer, at least once after 1 June 2007; ...
... (b)
phase-in substances classified as
very toxic to aquatic organisms which may cause long-term adverse effects in the aquatic environment (R50/53) in accordance with Directive
67/548/EEC, and manufactured in the Community or imported in quantities reaching 100 tonnes or more per year per manufacturer
or per
importer, at least once after 1 June 2007; ...
... (c)
phase-in substances manufactured in the Community or imported, in quantities reaching 1000 tonnes or more per year per manufacturer or per
importer, at least once after 1 June 2007. ...
... 2. Article
5, Article
6, Article
7(1), Article
17, Article
18 and Article
21 shall not apply until 1 June 2013 to
phase-in substances manufactured in the Community or imported, in quantities reaching 100 tonnes or more per year per manufacturer or per
importer, at least once after 1 June 2007. ...
... 3. Article
5, Article
6, Article
7(1), Article
17, Article
18 and Article
21 shall not apply until 1 June 2018 to
phase-in substances manufactured in the Community or imported, in quantities reaching one tonne or more per year per manufacturer or per
importer, at least once after 1 June 2007. ...
... 2. If the quantity of a notified substance manufactured or imported per manufacturer or
importer reaches the next tonnage threshold under Article
12, the additional required information corresponding to that tonnage threshold, as well as to all the lower tonnage thresholds,
shall be submitted in accordance with Articles
10 and
12, unless it has already been submitted in accordance with those Articles. ...
ARTICLE-25: Objectives and general rules [
go to this ARTICLE]
... 2. The sharing and joint submission of information in accordance with this Regulation shall concern technical data and
in particular information related to the intrinsic properties of
substances. Registrants shall refrain from exchanging information concerning their market behaviour, in particular as regards production
capacities, production or sales volumes,
import volumes or market shares. ...
... 3. Any
study summaries or robust
study summaries of
studies submitted in the framework of a
registration under this Regulation at least 12 years previously can be used for the purposes of
registration by another manufacturer or
importer. ...
ARTICLE-28: Duty to pre-register for phase-in substances [
go to this ARTICLE]
... 6. Potential registrants who manufacture or
import for the first time a phase-in substance in quantities of one tonne or more per year or use for the first time a phase-in
substance in the context of production of articles or
import for the first time an article containing a phase-in substance that would require
registration, after 1 December 2008, shall be entitled to rely on Article
23 provided that they submit the information referred to in paragraph 1 of this Article to the
Agency within six months of first manufacturing, importing or using the substance in quantities of one tonne or more per year and
no later than 12 months before the relevant deadline in Article
23. ...
... 6. Potential registrants who manufacture or
import for the first time a phase-in substance in quantities of one tonne or more per year or use for the first time a phase-in
substance in the context of production of articles or
import for the first time an article containing a phase-in substance that would require
registration, after 1 December 2008, shall be entitled to rely on Article
23 provided that they submit the information referred to in paragraph 1 of this Article to the
Agency within six months of first manufacturing, importing or using the substance in quantities of one tonne or more per year and
no later than 12 months before the relevant deadline in Article
23. ...
... 7.
Manufacturers or
importers of
phase-in substances in quantities of less than one tonne per year that appear on the list published by the
Agency in accordance with paragraph 4 of this Article, as well as
downstream users of those
substances and third parties holding information on those
substances, may submit the information referred to in paragraph 1 of this Article or any other relevant information to the
Agency for those
substances, with the intention of being part of the substance information exchange forum as referred to in Article
29. ...
ARTICLE-36: Obligation to keep information [
go to this ARTICLE]
... 1. Each manufacturer,
importer, downstream user and distributor shall assemble and keep available all the information he requires to carry out his duties
under this Regulation for a period of at least 10 years after he last manufactured, imported, supplied or used the substance
or preparation. That manufacturer,
importer, downstream user or distributor shall submit this information or make it available without delay upon request to any competent
authority of the Member State in which he is established or to the
Agency, without prejudice to Titles II and VI. ...
... 1. Each manufacturer,
importer, downstream user and distributor shall assemble and keep available all the information he requires to carry out his duties
under this Regulation for a period of at least 10 years after he last manufactured, imported, supplied or used the substance
or preparation. That manufacturer,
importer, downstream user or distributor shall submit this information or make it available without delay upon request to any competent
authority of the Member State in which he is established or to the
Agency, without prejudice to Titles II and VI. ...
ARTICLE-37: Downstream user chemical safety assessments and duty to identify, apply and recommend risk reduction measures [
go to this ARTICLE]
... 2. Any downstream user shall have the right to make a use, as a minimum the brief general description of use, known in
writing (on paper or electronically) to the manufacturer,
importer, downstream user or distributor who supplies him with a substance on its own or in a preparation with the aim of making this
an identified use. In making a use known, he shall provide sufficient information to allow the manufacturer,
importer or downstream user who has supplied the substance, to prepare an
exposure scenario, or if appropriate a use and exposure category, for his use in the manufacturer,
importer or downstream user's chemical safety assessment. ...
... 2. Any downstream user shall have the right to make a use, as a minimum the brief general description of use, known in
writing (on paper or electronically) to the manufacturer,
importer, downstream user or distributor who supplies him with a substance on its own or in a preparation with the aim of making this
an identified use. In making a use known, he shall provide sufficient information to allow the manufacturer,
importer or downstream user who has supplied the substance, to prepare an
exposure scenario, or if appropriate a use and exposure category, for his use in the manufacturer,
importer or downstream user's chemical safety assessment. ...
... 2. Any downstream user shall have the right to make a use, as a minimum the brief general description of use, known in
writing (on paper or electronically) to the manufacturer,
importer, downstream user or distributor who supplies him with a substance on its own or in a preparation with the aim of making this
an identified use. In making a use known, he shall provide sufficient information to allow the manufacturer,
importer or downstream user who has supplied the substance, to prepare an
exposure scenario, or if appropriate a use and exposure category, for his use in the manufacturer,
importer or downstream user's chemical safety assessment. ...
... 3. For
registered substances, the manufacturer,
importer or downstream user shall comply with the obligations laid down in Article
14 either before he next supplies the substance on its own or in a preparation to the downstream user making the request referred
to in paragraph 2 of this Article, provided that the request was made at least one month before the
supply, or within one month after the request, whichever is the later. ...
... For
phase-in substances, the manufacturer,
importer or downstream user shall comply with this request and with the obligations laid down in Article
14 before the relevant deadline in Article
23 has expired, provided that the downstream user makes his request at least 12 months before the deadline in question. ...
... Where the manufacturer,
importer or downstream user, having assessed the use in accordance with Article
14, is unable to include it as an identified use for reasons of protection of human health or the environment, he shall provide
the
Agency and the downstream user with the reason(s) for that decision in writing without delay and shall not
supply downstream user(s) with the substance without including these reason(s) in the information referred to under Articles
31 or
32. The manufacturer or
importer shall include this use in Section 3.7 of Annex
VI in his update of the
registration in accordance with Article
22(1)(d). ...
... Where the manufacturer,
importer or downstream user, having assessed the use in accordance with Article
14, is unable to include it as an identified use for reasons of protection of human health or the environment, he shall provide
the
Agency and the downstream user with the reason(s) for that decision in writing without delay and shall not
supply downstream user(s) with the substance without including these reason(s) in the information referred to under Articles
31 or
32. The manufacturer or
importer shall include this use in Section 3.7 of Annex
VI in his update of the
registration in accordance with Article
22(1)(d). ...
ARTICLE-38: Obligation for downstream users to report information [
go to this ARTICLE]
... (d) the identity of the manufacturer(s) or the
importer(s) or other
supplier as specified in Section 1.1 of Annex
VI; ...
... The
Agency shall refer the matter to the Member State Committee, in order to agree which authority shall be the competent authority,
taking into account the Member State in which the manufacturer(s) or
importer(s) is located, the respective proportions of total Community gross domestic product, the number of
substances already being evaluated by a Member State and the expertise available. ...
ARTICLE-50: Registrants' and downstream users' rights [
go to this ARTICLE]
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
ARTICLE-55: Aim of authorisation and considerations for substitution [
go to this ARTICLE]
... The aim of this Title is to ensure the good functioning of the internal market while assuring that the risks from
substances of very high concern are properly controlled and that these
substances are progressively replaced by suitable
alternative substances or technologies where these are economically and technically viable. To this end all
manufacturers,
importers and
downstream users applying for authorisations shall analyse the availability of alternatives and consider their risks, and the technical and
economic feasibility of substitution. ...
... 1. A manufacturer,
importer or downstream user shall not place a substance on the market for a use or use it himself if that substance is included in
Annex
XIV, unless: ...
ARTICLE-62: Applications for authorisations [
go to this ARTICLE]
... 2. Applications for
authorisation may be made by the manufacturer(s),
importer(s) and/or downstream user(s) of the substance. Applications may be made by one or several persons. ...
... (g) providing technical and scientific guidance and tools where appropriate for the operation of this Regulation in particular
to assist the development of chemical safety reports (in accordance with Article
14, Article
31(1) and Article
37(4)) and application of Article
10(a)(viii), Article
11(3) and Article
19(2) by industry and especially by SMEs; and technical and scientific guidance for the application of Article
7 by
producers and
importers of articles; ...
ARTICLE-111: Formats and software for submission of information to the Agency [
go to this ARTICLE]
ARTICLE-113: Obligation to notify the Agency [
go to this ARTICLE]
... 1. Any manufacturer, producer of articles or
importer, or group of
manufacturers or
producers of articles or
importers, who place on the market a substance within the scope of Article
112, shall notify to the
Agency the following information in order for it to be included in the inventory in accordance with Article
114, unless submitted as part of the
registration: ...
... 1. Any manufacturer, producer of articles or
importer, or group of
manufacturers or
producers of articles or
importers, who place on the market a substance within the scope of Article
112, shall notify to the
Agency the following information in order for it to be included in the inventory in accordance with Article
114, unless submitted as part of the
registration: ...
... (a) the identity(ies) of the manufacturer(s), producer(s) of articles or
importer(s) responsible for placing the substance(s) on the market as specified in Section 1 of Annex
VI; ...
ARTICLE-120: Cooperation with third countries and international organisations [
go to this ARTICLE]
... Notwithstanding Articles
118 and
119, information received by the
Agency under this Regulation may be disclosed to any government or national authority of a third country or an international organisation
in accordance with an agreement concluded between the Community and the third party concerned under Regulation (EC) No 304/2003
of the European Parliament and of the Council of 28 January 2003 concerning the export and
import of dangerous
chemicals (56) or under Article 181a(3) of the Treaty, provided that both the following conditions are met: ...
...
Member States shall establish national helpdesks to provide advice to
manufacturers,
importers,
downstream users and any other interested parties on their respective responsibilities and obligations under this Regulation, in particular
in relation to the
registration of
substances in accordance with Article
12(1), in addition to the operational guidance documents provided by the
Agency under Article
77(2)(g). ...
... 1. Subject to paragraph 2,
Member States shall not prohibit, restrict or impede the manufacturing,
import, placing on the market or use of a substance, on its own, in a preparation or in an article, falling within the scope of
this Regulation, which complies with this Regulation and, where appropriate, with Community acts adopted in implementation
of this Regulation. ...
ARTICLE-136: Transitional measures regarding existing substances [
go to this ARTICLE]
... 1. The requests to
manufacturers and
importers to submit information to the Commission made by a Commission Regulation in application of Article 10(2) of Regulation (EEC)
No 793/93, shall be considered as decisions adopted in accordance with Article
52 of this Regulation. ...
... 2. The requests to
manufacturers and
importers to submit information to the Commission made by a Commission Regulation in application of Article 12(2) of Regulation (EEC)
No 793/93, shall be considered as decisions adopted in accordance with Article
52 of this Regulation. The
Agency shall identify the competent authority for the substance to carry out the tasks of Article
46(3) and Article
48 of this Regulation. ...
... 3. The report, referred to in Article
117(4), on the experience acquired with the operation of this Regulation shall include a review of the requirements relating
to
registration of
substances manufactured or imported only in quantities starting at one tonne but less than 10 tonnes per year per manufacturer or
importer. On the basis of that review, the Commission may present legislative proposals to modify the information requirements for
substances manufactured or imported in quantities of one tonne or more up to 10 tonnes per year per manufacturer or
importer, taking into account the latest developments, for example in relation to alternative testing and (quantitative) structure-activity
relationships ((Q)SARs). ...
... 3. The report, referred to in Article
117(4), on the experience acquired with the operation of this Regulation shall include a review of the requirements relating
to
registration of
substances manufactured or imported only in quantities starting at one tonne but less than 10 tonnes per year per manufacturer or
importer. On the basis of that review, the Commission may present legislative proposals to modify the information requirements for
substances manufactured or imported in quantities of one tonne or more up to 10 tonnes per year per manufacturer or
importer, taking into account the latest developments, for example in relation to alternative testing and (quantitative) structure-activity
relationships ((Q)SARs). ...
ARTICLE-I: GENERAL PROVISIONS FOR ASSESSING SUBSTANCES AND PREPARING CHEMICAL SAFETY REPORTS [
go to this ARTICLE]
... 0.1. The purpose of this Annex is to set out how
manufacturers and
importers are to assess and document that the risks arising from the substance they manufacture or
import are adequately controlled during manufacture and their own use(s) and that others further down the
supply chain can adequately control the risks. This Annex shall also apply adapted as necessary to
producers and
importers of articles required to make a chemical safety assessment as part of a
registration. ...
... 0.1. The purpose of this Annex is to set out how
manufacturers and
importers are to assess and document that the risks arising from the substance they manufacture or
import are adequately controlled during manufacture and their own use(s) and that others further down the
supply chain can adequately control the risks. This Annex shall also apply adapted as necessary to
producers and
importers of articles required to make a chemical safety assessment as part of a
registration. ...
... 0.1. The purpose of this Annex is to set out how
manufacturers and
importers are to assess and document that the risks arising from the substance they manufacture or
import are adequately controlled during manufacture and their own use(s) and that others further down the
supply chain can adequately control the risks. This Annex shall also apply adapted as necessary to
producers and
importers of articles required to make a chemical safety assessment as part of a
registration. ...
... 0.3. The chemical safety assessment of a manufacturer shall address the manufacture of a substance and all the identified
uses. The chemical safety assessment of an
importer shall address all identified uses. The chemical safety assessment shall consider the use of the substance on its own (including
any major impurities and additives), in a preparation and in an article, as defined by the identified uses. The assessment
shall consider all stages of the life-cycle of the substance resulting from the manufacture and identified uses. The chemical
safety assessment shall be based on a comparison of the potential adverse effects of a substance with the known or reasonably
foreseeable exposure of man and/or the environment to that substance taking into account implemented and recommended risk
management measures and operational conditions. ...
... 0.4.
Substances whose physicochemical, toxicological and ecotoxicological properties are likely to be similar or follow a regular pattern
as a result of structural similarity may be considered as a group, or "category "of
substances. If the manufacturer or
importer considers that the chemical safety assessment carried out for one substance is sufficient to assess and document that the
risks arising from another substance or from a group or "category "of
substances are adequately controlled then he can use that chemical safety assessment for the other substance or group or "category "of
substances. The manufacturer or
importer shall provide a justification for this. ...
... 0.4.
Substances whose physicochemical, toxicological and ecotoxicological properties are likely to be similar or follow a regular pattern
as a result of structural similarity may be considered as a group, or "category "of
substances. If the manufacturer or
importer considers that the chemical safety assessment carried out for one substance is sufficient to assess and document that the
risks arising from another substance or from a group or "category "of
substances are adequately controlled then he can use that chemical safety assessment for the other substance or group or "category "of
substances. The manufacturer or
importer shall provide a justification for this. ...
... 0.5. The chemical safety assessment shall be based on the information on the substance contained in the technical dossier
and on other available and relevant information.
Manufacturers or
importers submitting a proposal for testing in accordance with Annexes
IX and
X shall record this under the relevant heading of the chemical safety report. Available information from
assessments carried out under other international and national programmes shall be included. Where available and appropriate, an assessment
carried out under Community legislation (e.g.
risk assessments completed under Regulation (EEC) No 793/93) shall be taken into account in the development of, and reflected in, the chemical
safety report. Deviations from such
assessments shall be justified. ...
... Thus the information to be considered includes information related to the hazards of the substance, the exposure arising
from the manufacture or
import, the identified uses of the substance, operational conditions and risk management measures applied or recommended to
downstream users to be taken into account. ...
... If the manufacturer or
importer considers that further information is necessary for producing his chemical safety report and that this information can only
be obtained by performing tests in accordance with Annex
IX or
X, he shall submit a proposal for a testing strategy, explaining why he considers that additional information is necessary
and record this in the chemical safety report under the appropriate heading. While waiting for results of further testing,
he shall record in his chemical safety report, and include in the
exposure scenario developed, the interim risk management measures that he has put in place and those he recommends to
downstream users intended to manage the risks being explored. ...
... 0.6. A chemical safety assessment performed by a manufacturer or an
importer for a substance shall include the following steps in accordance with the respective sections of this Annex: ...
... If as a result of steps 1 to 4 the manufacturer or
importer concludes that the substance or the preparation meets the criteria for classification as dangerous according to Directive
67/548/EEC or Directive 1999/45/EC or is assessed to be a
PBT or
vPvB, the chemical safety assessment shall also consider the following steps: ...
... 0.7. The main element of the exposure part of the chemical safety report is the description of the
exposure scenario(s) implemented for the manufacturer's production, the manufacturer or
importer's own use, and those recommended by the manufacturer or
importer to be implemented for the identified use(s). ...
... 0.7. The main element of the exposure part of the chemical safety report is the description of the
exposure scenario(s) implemented for the manufacturer's production, the manufacturer or
importer's own use, and those recommended by the manufacturer or
importer to be implemented for the identified use(s). ...
... An
exposure scenario is the set of conditions that describe how the substance is manufactured or used during its life-cycle and how the manufacturer
or
importer controls, or recommends
downstream users to control, exposures of humans and the environment. These sets of conditions contain a description of both the risk management
measures and operational conditions which the manufacturer or
importer has implemented or recommends to be implemented by
downstream users. ...
... An
exposure scenario is the set of conditions that describe how the substance is manufactured or used during its life-cycle and how the manufacturer
or
importer controls, or recommends
downstream users to control, exposures of humans and the environment. These sets of conditions contain a description of both the risk management
measures and operational conditions which the manufacturer or
importer has implemented or recommends to be implemented by
downstream users. ...
... 0.8. The level of detail required in describing an
exposure scenario will vary substantially from case to case, depending on the use of a substance, its hazardous properties and the amount of
information available to the manufacturer or
importer. Exposure scenarios may describe the appropriate risk management measures for several individual processes or uses of a substance.
An
exposure scenario may thereby cover a large range of processes or uses. Exposure scenarios covering a wide range of processes or uses may be
referred to as Exposure Categories. Further mention of
Exposure Scenario in this Annex and Annex
II includes Exposure Categories if they are developed. ...
... 0.10. In relation to particular effects, such as ozone depletion, photochemical ozone creation potential, strong odour
and tainting, for which the procedures set out in Sections 1 to 6 are impracticable, the risks associated with such effects
shall be assessed on a case-by-case basis and the manufacturer or
importer shall include a full description and justification of such
assessments in the chemical safety report and summarised in the
safety data sheet. ...
... 0.13. Part A of the chemical safety report shall include a declaration that the risk management measures outlined in
the relevant exposure scenarios for the manufacturer's or
importer's own use(s) are implemented by the manufacturer or
importer and that those exposure scenarios for the identified uses are communicated to
distributors and
downstream users in the
safety data sheet(s). ...
... 0.13. Part A of the chemical safety report shall include a declaration that the risk management measures outlined in
the relevant exposure scenarios for the manufacturer's or
importer's own use(s) are implemented by the manufacturer or
importer and that those exposure scenarios for the identified uses are communicated to
distributors and
downstream users in the
safety data sheet(s). ...
... 3.0.3. For any environmental sphere, for which no effect information is available, the relevant section of the chemical
safety report shall contain the sentence: "This information is not available". The justification, including reference to any
literature research carried out, shall be included in the technical dossier. For any environmental sphere for which information
is available, but the manufacturer or
importer believes that it is not necessary to conduct the hazard assessment, the manufacturer or
importer shall present a justification, with reference to pertinent information, under the relevant heading of the Chemical Safety
Report (Section 7) and where required and in accordance with Article
31, summarised in the
Safety Data Sheet under heading 12. ...
... 3.0.3. For any environmental sphere, for which no effect information is available, the relevant section of the chemical
safety report shall contain the sentence: "This information is not available". The justification, including reference to any
literature research carried out, shall be included in the technical dossier. For any environmental sphere for which information
is available, but the manufacturer or
importer believes that it is not necessary to conduct the hazard assessment, the manufacturer or
importer shall present a justification, with reference to pertinent information, under the relevant heading of the Chemical Safety
Report (Section 7) and where required and in accordance with Article
31, summarised in the
Safety Data Sheet under heading 12. ...
... If the substance fulfils the criteria an emission characterisation shall be conducted comprising the relevant parts of
the exposure assessment as described in Section 5. In particular it shall contain an estimation of the amounts of the substance
released to the different environmental compartments during all activities carried out by the manufacturer or
importer and all identified uses, and an
identification of the likely routes by which humans and the environment are exposed to the substance. ...
... 5.1.2. Where a manufacturer,
importer or downstream user applies for an application for an
authorisation for a specific use, exposure scenarios need only be developed for that use and the subsequent life-cycle steps. ...
... For
substances satisfying the
PBT and
vPvB criteria, the manufacturer or
importer shall use the information as obtained in Section 5, Step 2 when implementing on its site, and recommending for
downstream users, risk management measures which minimise exposures and emissions to humans and the environment, throughout the lifecycle
of the substance that results from manufacture or identified uses. ...
ARTICLE-II: GUIDE TO THE COMPILATION OF SAFETY DATA SHEETS [
go to this ARTICLE]
... Identify the person responsible for placing the substance or preparation on the market within the Community, whether
it is the manufacturer,
importer or distributor. Give the full address and telephone number of this person as well as the e-mail address of the competent
person responsible for the
Safety Data Sheet. ...
... For registrants, the person identified shall be consistent with the information on the identity of the manufacturer or
importer provided in the
registration. ...
ARTICLE-V: EXEMPTIONS FROM THE OBLIGATION TO REGISTER IN ACCORDANCE WITH ARTICLE 2(7)(b) [
go to this ARTICLE]
... 6. Hydrates of a substance or hydrated ions, formed by association of a substance with water, provided that the substance
has been
registered by the manufacturer or
importer using this exemption. ...
ARTICLE-VI: INFORMATION REQUIREMENTS REFERRED TO IN ARTICLE 10 [
go to this ARTICLE]
... - impact of a granted or refused
authorisation on the applicant(s), or, in the case of a proposed
restriction, the impact on industry (e.g.
manufacturers and
importers). The impact on all other actors in the
supply chain,
downstream users and associated businesses in terms of commercial consequences such as impact on investment,
research and development, innovation, one-off and operating costs (e.g. compliance, transitional arrangements, changes to existing processes, reporting
and monitoring systems, installation of new technology, etc.) taking into account general trends in the market and technology,
...
ARTICLE-XVII: RESTRICTIONS ON THE MANUFACTURE, PLACING ON THE MARKET AND USE OF CERTAIN DANGEROUS SUBSTANCES, PREPARATIONS AND ARTICLES
[
go to this ARTICLE]
... 50.Polycyclic-aromatic hydrocarbons (PAH)1.Benzo(a)pyrene (BaP)CAS No 50-32-82.Benzo(e)pyrene (BeP)CAS No 192-97-23.Benzo(a)anthracene
(BaA)CAS No 56-55-34.Chrysen (CHR)CAS No 218-01-95.Benzo(b)fluoranthene (BbFA)CAS No 205-99-26.Benzo(j)fluoranthene (BjFA)CAS
No 205-82-37.Benzo(k)fluoranthene (BkFA)CAS No 207-08-98.Dibenzo(a, h)anthracene (DBAhA)CAS No 53-70-3 | 1.Extender oils shall
not be placed on the market and used for the production of tyres or parts of tyres, if they contain:more than 1 mg/kg BaP,
ormore than 10 mg/kg of the sum of all listed PAHs.These limits are regarded as kept, if the polycyclic aromatics (PCA) extract
is less than 3 % by mass, as measured by the Institute of Petroleum standard IP346: 1998 (Determination of PCA in unused lubricating
base oils and asphaltene free petroleum fractions — Dimethyl sulphoxide extraction refractive index method), provided that
compliance with the limit values of BaP and of the listed PAHs, as well as the correlation of the measured values with the
PCA extract, is controlled by the manufacturer or
importer every six months or after each major operational change, whichever is earlier.2.Furthermore, the tyres and treads for retreading
manufactured after 1 January 2010 may not be placed on the market if they contain extender oils exceeding the limits indicated
in paragraph 1.These limits are regarded as kept, if the vulcanised rubber compounds do not exceed the limit of 0,35 % Bay
protons as measured and calculated by ISO 21461 (Rubber vulcanised — Determination of aromaticity of oil in vulcanised rubber
compounds).3.By way of derogation, paragraph 2 shall not apply to retreaded tyres if their tread does not contain extender
oils exceeding the limits referred to in paragraph 1.4.
Member States shall apply these measures from 1 January 2010. | ...
... The classification and
label shown for this substance applies to the dangerous property(ies) indicated by the risk phrase(s) in combination with the category(ies)
of danger shown. The requirements of Article 6 of Directive 67/548/EEC on
manufacturers,
distributors, and
importers of this substance apply to all other aspects of classification and labelling. The final
label shall follow the requirements of section 7 of Annex VI to Directive 67/548/EEC. ...