Ordinance on Biocidal Products (OBP)
Amended by No I of the O of 20 June 2014, in force since 15 July 2014 (AS 2014 2073).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 33 Confidentiality
1 The applicant must identify any data which, in his view, is subject to manufacturing and commercial secrecy, or whose disclosure would jeopardise the privacy or safety of the person concerned, and is therefore to be treated as confidential. A detailed justification must be provided. 2 The Notification Authority, in consultation with the assessment authorities, shall decide which data is to be treated as confidential. 3 Disclosure of the following data shall normally be deemed to undermine the protection of the commercial interests or the privacy or safety of the person concerned: a. details of the full composition of a biocidal product; b. the precise tonnage of the active substance or biocidal product manufactured or placed on the market; c. links: 1. between the manufacturer of an active substance and the applicant for or holder of the authorisation of a biocidal product, or 2. between the applicant for or holder of the authorisation of a biocidal product and the persons responsibl
Para. 4 — [AS 2005 2721; 2007 821; 2009 401, 805; 2010 5223; 2011 5227; 2012 6103, 6659; 2013 201, 2673, 3041 No I 3; 2014 2073 Annex 11 No 1, 3857. AS 2015 1903 Art. 91]. See now: the O of 5 June 2015 (SR 813.11). Para. 4 — Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985).
Art. 34 Exclusion of confidentiality
1 After authorisation has been granted, the following information shall not be treated as confidential under any circumstances: a. the name and address of the applicant; b. the name and address of the biocidal product manufacturer; c. the name and address of the active substance manufacturer; d. the content of the active substances in the biocidal product; e. the name of the biocidal product; f. physical and chemical data concerning the biocidal product; g. a summary of the results of the tests required to establish the efficacy of the active substance or the biocidal product, effects on humans, animals and the environment, and, where applicable, resistance-promoting properties; h. analytical methods which can reliably determine active substances as specified in Article 11 paragraph 1 letter b; i. any methods for rendering the active substance or biocidal product harmless; j. recommended methods and precautions to reduce dangers from handling, transport and use, as well as from fire or
Para. 2 — [AS 2005 2721; 2007 821; 2009 401, 805; 2010 5223; 2011 5227; 2012 6103, 6659; 2013 201, 2673, 3041 No I 3; 2014 2073 Annex 11 No 1, 3857. AS 2015 1903 Art. 91]. See now: the O of 5 June 2015 (SR 813.11).). Para. 2 — Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985).