Import: means the physical introduction into the customs territory of the Community Manufacturer: means any natural or legal person established within the Community who manufactures a substance within the Community
CARDINAL CHAINS WALKTHROUGH LEVEL 99 REGISTRATION
Registrant: means the manufacturer or the importer of a substance or the producer or importer of an article submitting a registration for a substance
CARDINAL CHAINS WALKTHROUGH LEVEL 99 FREE
‘The purpose of this Regulation is to ensure a high level of protection of human health and the environment, including the promotion of alternative methods for assessment of hazards of substances, as well as the free circulation of substances on the internal market while enhancing competitiveness and innovation.’Īrticle 3 of the REACH Regulation is entitled ‘Definitions’.
In order to ensure transparency, impartiality and consistency in the level of enforcement activities by Member States, it is necessary for Member States to set up an appropriate framework for penalties with a view to imposing effective, proportionate and dissuasive penalties for non-compliance, as non-compliance can result in damage to human health and the environment.’Īrticle 1 of the REACH Regulation is entitled ‘Aim and scope’. To preserve the integrity of the internal market and to ensure a high level of protection for human health, especially the health of workers, and the environment, it is necessary to ensure that manufacturing of substances in the Community complies with Community law, even if those substances are exported. That legislation should be applied in a non-discriminatory manner whether substances are traded on the internal market or internationally in accordance with the Community’s international commitments. The efficient functioning of the internal market for substances can be achieved only if requirements for substances do not differ significantly from Member State to Member State.Ī high level of human health and environmental protection should be ensured in the approximation of legislation on substances, with the goal of achieving sustainable development. Recitals 2, 3, 7 and 122 of the REACH Regulation state: The City of Hamburg is so doing on the basis that exportation of the nicotine sulphate in question amounts to a self-standing breach of Article 5 of the REACH Regulation. More specifically, the Bundesverwaltungsgericht (Federal Administrative Court, Germany) queries whether a trader that has imported a chemical into the EU, and in this case nicotine sulphate, without complying with the requirement to register it with the Europe Chemicals Agency (‘the ECHA’), can be refused permission by a Member State authority like the City of Hamburg to export the chemical out of the EU. The question put to the Court in this case is concerned with the scope ratione materiae of the registration requirements imposed by Article 5 of Regulation (EC) No 1907/2006 ( 2) (‘the REACH Regulation’). ‛Registration, evaluation, authorisation and restriction of chemicals (REACH) - Scope ratione materiae of obligation to register with the European Chemicals Agency (‘ECHA’) - Member State authority prohibiting export from the EU of nicotine sulphate not registered at import - Article 5 of Regulation (EC) No 1907/2006 - Article 126 of Regulation No 1907/2006 concerning penalties for non-compliance’
(Request for a preliminary ruling from the Bundesverwaltungsgericht (Federal Administrative Court, Germany)) Reference for a preliminary ruling - Registration, evaluation, authorisation and restriction of chemicals - Regulation (EC) No 1907/2006 (REACH Regulation) - General obligation to register and information requirements - Unregistered chemicals - Export of unregistered chemicals outside the territory of the European Union. Request for a preliminary ruling from the Bundesverwaltungsgericht. Opinion of Advocate General Tanchev delivered on 21 December 2016.įreie und Hansestadt Hamburg v Jost Pinckernelle. Opinion of Advocate General Tanchev delivered on 21 December 2016.#Freie und Hansestadt Hamburg v Jost Pinckernelle.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling - Registration, evaluation, authorisation and restriction of chemicals - Regulation (EC) No 1907/2006 (REACH Regulation) - General obligation to register and information requirements - Unregistered chemicals - Export of unregistered chemicals outside the territory of the European Union.#Case C-535/15.
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