Article 49 Obligation to maintain information and requests for information
United Kingdom
The supplier shall assemble and keep available all the information used by that supplier for the purposes of classification and labelling under this Regulation for a period of at least 10 years after the substance or the mixture was last supplied by that supplier.
The supplier shall keep this information together with the information required in Article 36 of Regulation (EC) No 1907/2006.
In the event of a supplier ceasing activity, or transferring part or all of his operations to a third party, the party responsible for liquidating the supplier's undertaking or assuming responsibility for the placing on the market of the substance or mixture concerned shall be bound by the obligation in paragraph 1 in place of the supplier.
The F1competent authorities, enforcing authorities or the Agency may require the supplier to submit to it any information referred to in the first subparagraph of paragraph 1.
However, where that information is available to the Agency as part of a registration pursuant to Regulation (EC) No 1907/2006 or a notification pursuant to Article 40 of this Regulation, the Agency shall use that information and the authority F2in question shall address itself to the Agency.
For the purposes of this Article, “enforcing authorities” has the meaning given by regulation 18 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013.
Annotations
Textual amendments
- F1
Words in Art. 49(3) substituted (31.12.2020) by S.I. 2019/720, Sch. 2 para. 48(a)(i) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 2 para. 14)
- F2
Words in Art. 49(3) inserted (31.12.2020) by S.I. 2019/720, Sch. 2 para. 48(a)(ii) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 2 para. 14)
- F3
Art. 49(4) inserted by S.I. 2019/720, Sch. 2 para. 48(b) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 2 para. 14)