manufacturers
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. ...
... (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.
...
... (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. ...
... (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. ...
... (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. ...
... (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.
...
... 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-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-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. ...
ARTICLE-28: Duty to pre-register for phase-in substances [
go to this ARTICLE]
... 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-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. ...
... (j) providing advice and assistance to
manufacturers and
importers registering a substance in accordance with Article
12(1); ...
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: ...
...
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). ...
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. ...
... (a) the costs for
manufacturers and
importers of drawing up the chemical safety reports; ...
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. ...
... 0.5. 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. ...
... - 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]
... 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. ...