The OECD Council, under the chairmanship of the OECD Secretary-General, is the focal point of a continuing review by member governments of the work of OECD. The Council also decides on the Programme of Work of OECD and its Budget. When appropriate, the Council may also agree on Decisions which are legally binding under international law. Alternatively, Member governments, through the Council, may agree on Recommendations, which are expressions of political will to follow certain policies. Council Decisions and Council Recommendations are known collectively as Council Acts.
On 14 September 2021, the OECD Council amended the Recommendation on the Access and the Protection of Proprietary Rights to Non-Clinical Health, Safety and Environmental Data and Information on Chemicals.
The 1983 version of the Recommendation solely focused on protecting the proprietary rights associated with safety data of new chemicals, e.g. by recommending that authorities responsible in Adherents 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.
The amended Recommendation expanded the scope to include existing chemicals, including pesticides, biocides and nanomaterials to cover all the product types within the mandate of the OECD Environment, Health and Safety Programme.
This revised instrument also recommends that governments disclose as much information as possible in an open and transparent fashion to increase citizens' trust in regulatory decision-making while protecting the proprietary rights of companies.
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