Under Regulation (EC) No 178/2002, the EFSA is able to commission, in an open and transparent manner, the scientific studies it needs to accomplish its mission, while seeking to avoid duplication with Member State or Union research programmes. The ECHA should also be able to commission studies to obtain adequate data and information on chemicals and groups of chemicals within its mandate, while maintaining the principle that the burden of proof of compliance with Union chemicals legislation remains on the duty holder, and seeking to avoid duplication with Member State or Union research or implementation programmes. Furthermore, the ECHA should commission such studies on its own initiative or at the request of the Commission, with the objective of supporting the effective and efficient implementation and evaluation of Union legal acts on chemicals within its mandate and contributing to the development of a Union chemicals policy. Where obtaining a sample of a substance or mixture is a precondition for conducting the scientific studies, the ECHA should be given the necessary sample, including the substance or mixture characterisation where relevant, by the business operator free of charge and upon request. Where the business operator submits a justified confidentiality claim regarding the information it provides on the sample, the ECHA should respect that confidentiality. Where relevant and whenever possible, when commissioning a study, the ECHA should give priority to the use of validated non-animal test methods, using tests on vertebrate animals only as a last resort.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
