10Article 66 of Regulation No 528/2012, entitled ‘ Confidentiality’, provides:1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents [(OJ 2001 L 145, p. 43)] and the rules of the Management Board of [ECHA], adopted in accordance with Article 118(3) of Regulation (EC) No 1907/2006 [of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1)], shall apply to documents held by [ECHA] for the purposes of this Regulation.2.[ECHA] and the competent authorities shall refuse access to information where disclosure would undermine the protection of the commercial interests or the privacy or safety of the persons concerned.Disclosure of the following information shall normally be deemed to undermine the protection of the commercial interests or the privacy or safety of the persons concerned:(a) details of the full composition of a biocidal product;(b) the precise tonnage of the active substance or biocidal product manufactured or made available on the market;(c) links between a manufacturer of an active substance and the person responsible for the placing of a biocidal product on the market or between the person responsible for the placing of a biocidal product on the market and the distributors of the product;(d) names and addresses of persons involved in testing on vertebrates.However, where urgent action is essential to protect human health, animal health, safety or the environment or for other reasons of overriding public interest, [ECHA] or the competent authorities shall disclose the information referred to in this paragraph.3.Notwithstanding paragraph 2, after the authorisation has been granted, access to the following information shall not in any case be refused:…(j) methods of analysis referred to in Article 19(1)(c);…4. Any person submitting information related to an active substance or a biocidal product to [ECHA] or a competent authority for the purposes of this Regulation may request that the information in Article 67(3) and (4) not be made available, including a justification as to why the disclosure of the information could be harmful for that person’s commercial interests or those of any other party concerned.’
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