Regulation 1993/793 - Evaluation and control of the risks of existing substances - Main contents

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Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances

Official Journal L 084 , 05/04/1993 P. 0001 - 0075

Finnish special edition: Chapter 15 Volume 12 P. 0093

Swedish special edition: Chapter 15 Volume 12 P. 0093

COUNCIL REGULATION (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission(1) ,

In cooperation with the European Parliament(2) ,

Having regard to the opinion of the Economic and Social Committee(3) ,

Whereas disparities between the laws, regulations and administrative provisions relating to the risk evaluation of existing substances which are in effect or in preparation in the Member States are liable to hinder trade between Member States and create unequal conditions of competition;

Whereas measures for the approximation of the provisions of the Member States which have as their object the establishment and functioning of the internal market must, in so far as they concern health, safety, environmental and consumer protection, take a high level of protection as a basis;

Whereas, in order to ensure the protection of man, including workers and consumers, and of the environment, it is necessary to carry out at Community level a systematic evaluation of the risks involving existing substances appearing in the Einecs (European Inventory of Existing Commercial Substances)(4) ;

Whereas, in the interests of efficiency and economy, it is necessary to establish a Community policy which will ensure a sharing and coordination of responsibilities between Member States, the Commission and industrialists;

Whereas a Regulation is the appropriate legal instrument as it imposes directly on manufacturers and importers precise requirements to be implemented at the same time and in the same manner throughout the Community;

Whereas, in order to undertake a preliminary risk evaluation of existing substances and to identify priority substances requiring immediate attention, it is necessary to collect certain information and test data on existing substances;

Whereas the requirement to provide such information should not apply to certain substances which, on the basis of their intrinsic properties, involve only risks generally recognized as minimal;

Whereas the information should be submitted by manufacturers and importers to the Commission, which will send copies to all Member States; whereas, however, it should be possible for a Member State to ask manufacturers and importers established in its territory to submit the same information at the same time to its competent authorities;

Whereas, for the purpose of the risk evaluation of certain existing substances, it is necessary, in certain cases, to require manufacturers or importers to submit further data or to carry out further testing on given existing substances;

Whereas it is necessary to draw up, at Community level, lists of priority substances which require special attention; whereas the Commission should submit not later than one year after the entry into force of this Regulation an initial priority list;

Whereas the risk evaluation of substances on the priority lists should be carried out by the Member States; whereas the latter should be designated at Community level on the basis of a distribution of responsibilities taking account of the situation of the Member States; whereas risk evaluation principles should also be established at Community level;

Whereas, in the priority-setting process and risk evaluation of existing substances, it is necessary to take into account, in particular, the lack of data on the effects of the substance, the work already carried out in other international...

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