| 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;
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.