Article 24 — Data generation mechanism

1. Using the best independent resources available, the ECHA may commission scientific studies to: (a) support the implementation of Union legal acts on chemicals or groups of chemicals listed in Annex I, Part 1, within its mandate; (b) contribute to supporting, evaluating and developing Union chemicals policy; (c) investigate further emerging chemical risks identified in the report referred to in Article 22(4). 2. Without prejudice to the obligations on duty holders under the Union legal acts listed in Annex I, Part 1, the Commission, in exceptional circumstances of serious controversy or conflicting results, may request the ECHA to commission scientific studies with the objective of verifying evidence used in its chemicals assessment process. Those studies may have a wider scope than the evidence subject to verification. 3. Upon request by the Commission, the ECHA shall commission scientific studies as referred to in paragraphs 1 and 2. 4. The ECHA shall only commission scientific studies where results cannot be obtained through existing legal provisions or processes under Union legal acts listed in Annex I, Part 1. It shall give priority to the use of validated non-animal methods, with animal testing on vertebrate animals to be used only as a last resort. It shall not commission studies with a predominant research objective. 5. The ECHA shall seek to avoid duplication with Member State or Union research or implementation programmes. 6. The ECHA shall commission scientific studies pursuant to this Article in an open and transparent manner, and only after it has consulted the Member States. 7. The ECHA and the EFSA shall closely cooperate with each other on the planning and commissioning of scientific studies undertaken by the ECHA in accordance with paragraphs 1, 2 and 3 of this Article and of studies undertaken by the EFSA in accordance with Article 32 of Regulation (EC) No 178/2002. 8. The ECHA may request a sample of a substance or mixture necessary for performing the scientific studies referred to in paragraphs 1, 2 and3 from a business operator manufacturing, importing, formulating or placing such substance or mixture on the market. In order to request a sample, the ECHA shall send a draft request to the business operator, explaining the request and specifying the quantity and form of the sample as well as the date by which the sample is to be provided. The ECHA may also ask the business operator to provide substance or mixture characterisation. The ECHA shall inform the business operator of its right to comment within 30 days of receipt of the request. Any such comment received shall be taken into account by the ECHA, which shall confirm or amend the request. Where the ECHA confirms or amends the request, the business operator shall provide the requested sample free of charge to the ECHA or to any natural or legal person commissioned by the ECHA to perform the scientific study within the deadline set by the ECHA. The business operator may request the ECHA not to disclose certain characterisation information relating to the provided sample if the business operator demonstrates that the disclosure would undermine the protection of its commercial interests. If the ECHA deems the request to be justified, the information concerned shall be considered confidential and shall not be made available to the public. 9. The ECHA shall make the results of the scientific studies performed under this Article available through the common data platform.