THE COUNCIL,

HAVING REGARD to Articles 2 a), 2 b), 2 d), 3 and 5 b) of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;

HAVING REGARD to the Recommendation of the Council of 14 November 1974 on the Assessment of the Potential Environmental Effects of Chemicals [C(74)215];

HAVING REGARD to the Recommendation of the Council of 7 July 1977 Establishing Guidelines in Respect of Procedure and Requirements for Anticipating the Effects of Chemicals on Man and in the Environment [C(77)97(Final)];

HAVING REGARD to the Decision of the Council of 21 September 1978 concerning a Special Programme on the Control of Chemicals and the Programme of Work established therein and the extension of the duration of the Programme by Council on 12 May 1981 [C(78)127(Final) and C/M(81)7(Final), Item 86];

HAVING REGARD to the conclusions of the First High-Level Meeting of the Chemicals Group of May 1980, concerning the confidentiality of data [ENV/CHEM/HLM/80.M/1];

HAVING REGARD to the conclusions of the Second High-Level Meeting of the Chemicals Group of November 1982, on proprietary rights [ENV/CHEM/HLM/M/82.1];

CONSIDERING the importance of production and international trade in chemicals and the mutual economic and trade advantages which accrue to OECD Member countries from harmonization of policies for chemicals control;

CONSIDERING the economic value of certain data on chemicals, in particular health, safety, and environmental data, and the possible adverse effects of the disclosure of these data on the competitive position of the person or company who developed the data;

CONSIDERING therefore the need to protect data from unauthorised use in notifications of new chemicals;

On the proposal of the Second High-Level Meeting of the Chemicals Group, endorsed by the Environment Committee;

I.          RECOMMENDS that authorities responsible in Member countries for receiving notifications of new chemicals require each notifier to identify the laboratories which produced each of the health, safety, and environmental data in the notification and, if the laboratories are not owned or otherwise affiliated with the notifier, to provide certification of the right to use the data.

II.         RECOMMENDS that authorities responsible in Member countries for receiving notifications of new chemicals not accept from a notifier health, safety, and environmental data for which the notifier cannot provide a certification of the right of use, if the laboratories are not owned or otherwise affiliated with the notifier.

III.        INVITES Member countries to report to the Organisation on measures taken to implement this Recommendation.

IV.        INSTRUCTS the Environment Committee and the Management Committee of the Special Programme on the Control of Chemicals to review actions taken by Member countries in pursuance of this Recommendation and report thereon to the Council.