in force 2026-07-01 MODIFIED+974 −328§
Amended by Regulation (EU) 2024/2865 32024R2865
applies from: unchanged
The provision replaces the prior rule limiting public access to information matching Article 119(1) of Regulation (EC) No 1907/2006 with a broader requirement that the Agency make several specified categories of information, including notifier identity in group notifications and the date of the latest update, publicly available online and free of charge, alongside a mechanism for notifiers to justify withholding certain information and for the Agency to screen confidentiality claims.
A new paragraph 3a is added requiring the Agency to request a notifier to notify a correct entry where it considers an existing entry incomplete, incorrect or obsolete.
Cited: Art. 42, v1 · Art. 42, v2
text before / after
02008R1272-20260501 → 02008R1272-20260701
Article 42
The classification and labelling inventory
1. The Agency shall establish and maintain a classification and labelling inventory in the form of a database.
The information notified pursuant to Article 40(1) shall be included in the inventory, as well as information submitted as part of registrations under Regulation (EC) No 1907/2006.
Information The Agency shall make the following information publicly available online and free of charge:
(a) the information referred to in Article 40(1), point (a);
(b) the identity of the importer or manufacturer submitting the information on behalf of the other members of the group, in the case of group notifications;
(c) information in the inventory which corresponds to the information referred to in Article 119(1) of Regulation (EC) No 1907/2006 1907/2006;
(d) the date of the latest update of the classification and labelling.
Information referred to in Article 40(1), point (a), shall be made publicly accessible. available except where a notifier duly justifies why such publication is potentially harmful for its commercial interests or the commercial interests of any other concerned party.
The Agency shall grant access to the other provide information on each substance in the inventory legitimate grounds on which confidentiality claims may be made.
The Agency shall take measures to the notifiers identify undue confidentiality claims, including automated screening and registrants who have submitted information on that substance in accordance with Article 29(1) of Regulation (EC) No 1907/2006. It shall grant access to such information to other parties subject to Article 118 of that Regulation. random manual checks.
2. The Agency shall update the inventory when it receives updated information in accordance with Article 40(2) or Article 41.
3. In addition to the information referred to in paragraph 1, the Agency shall, where applicable, include the following information in each entry:
(a) whether, in respect of the entry, there is harmonised classification and labelling at Community level by inclusion in Part 3 of Annex VI;
(b) whether, in respect of the entry, it is a joint entry between registrants of the same substance as referred to in Article 11(1) of Regulation (EC) No 1907/2006;
(c) whether it is an agreed entry of two or more notifiers or registrants in accordance with Article 41;
(d) whether the entry differs from another entry on the inventory for the same substance.
The information referred to in (a) shall be updated where a decision is taken in accordance with Article 37(5).3a. Where the Agency considers that an entry is incomplete, incorrect or obsolete it shall request the notifier to notify the correct entry.