Law-ref.org REACH - Registration, Evaluation and Authorisation of Chemicals
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ARTICLE 118: Access to information
1. Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.
2. Disclosure of the following information shall normally be deemed to undermine the protection of the commercial interests of the concerned person:
(a) details of the full composition of a preparation;
(b) without prejudice to Article 7(6) and Article 64(2), the precise use, function or application of a substance or preparation, including information about its precise use as an intermediate;
(c) the precise tonnage of the substance or preparation manufactured or placed on the market;
(d) links between a manufacturer or importer and his distributors or downstream users.
Where urgent action is essential to protect human health, safety or the environment, such as emergency situations, the Agency may disclose the information referred to in this paragraph.
3. The Management Board shall adopt the practical arrangements for implementing Regulation (EC) No 1049/2001, including appeals or remedies necessary for reviewing a partial or full rejection of a confidentiality request, by 1 June 2008.
4. Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.
Referred by:
ARTICLE 58: Inclusion of substances in Annex XIV
ARTICLE 64: Procedure for authorisation decisions
ARTICLE 69: Preparation of a proposal
ARTICLE 72: Submission of an opinion to the Commission
ARTICLE 77: Tasks
ARTICLE 120: Cooperation with third countries and international organisations