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EBB BIODIESEL REACH CONSORTIUM AGREEMENT - European ...

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<strong>EBB</strong> Biodiesel Reach Consortium Agreement<br />

viii) “EU” means the territory of the <strong>European</strong> Union;<br />

“Industry Association”<br />

465/REA/08 rev.1<br />

Internal document<br />

means an organisation that exists to promote a<br />

particular industry and to protect the interests of that<br />

industry;<br />

ix) “Information” means Studies, other tests, data and information in any<br />

form whatsoever including but not limited to in writing,<br />

by email, by other tangible electronic storage medium,<br />

orally or visually, made available by a Member or any<br />

third party or generated within the framework of this<br />

Agreement. It also includes all conclusions that could<br />

be deduced from such Studies, other tests, data and<br />

information;<br />

x) “Letter of Access” means a letter granting the right to refer to a Study<br />

submitted to the Agency;<br />

xi) “License to use” means a letter demonstrating legitimate possession of a<br />

Study, or its copy, by a Member or third party;<br />

xii) “Material Breach” means a breach of one of the following obligations of<br />

Members under this Agreement:<br />

- obligation related to payment of financial<br />

contribution;<br />

- obligation to provide existing Studies and<br />

Information. Deliberate provision of inaccurate<br />

Studies also constitutes a Material Breach;<br />

- obligation of confidentiality<br />

- Liability obligations<br />

- compliance with EU competition law<br />

xiii) “Member” means the signatories to this agreement which are not<br />

Observers;<br />

xiv) “Registration” means submission of the relevant parts of a<br />

Registration dossier to the Agency under <strong>REACH</strong>;<br />

xv) “Substance(s)” the Substances covered by this Agreement and listed in<br />

Appendix 1.A to the Agreement;<br />

xvi) “Study” means an investigation, test, or examination, which<br />

relates to intrinsic properties or to the exposure<br />

assessment or to the risk characterisation of a<br />

Substance, and which, as such, is of relevance for<br />

Registration of a Substance pursuant to <strong>REACH</strong>;<br />

xvii) “Importer” means any natural or legal person who is responsible<br />

for the physical introduction into the customs territory<br />

of the Community<br />

II.<br />

PURPOSE, SCOPE, AND DUTIES<br />

Article 3 Purpose<br />

3.1 The Members form the Consortium with the sole purpose of facilitating compliance with their<br />

obligations under <strong>REACH</strong> through the coordination of their regulatory efforts and activities in<br />

compliance with competition law.<br />

6

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