Bosnia and Herzegovina: What information about chemicals is available to the public?

Data protection has perhaps never been more relevant. In all areas, it's important for us to know that the data we share with other people, platforms, services, and even authorities is secure.

The same applies to chemicals. Manufacturers are particularly sensitive about the data concerning the formulations of chemical products. And rightly so. Therefore, chemical regulations meticulously outline data availability.

Let's see what the chemical regulations in Bosnia and Herzegovina say about data availability.

The provisions regulating these issues are identical in the Law on Chemicals of the Federation of Bosnia and Herzegovina and the Law on Chemicals of the Republic of Srpska. They are also aligned with European Union regulations.

Manufacturers or importers of chemicals provide data to the competent authority during the process of registering chemicals in the Chemical Inventory. Some of the submitted data must be available to the public, while others must not be.

Data that must be publicly available includes:

• the chemical name according to IUPAC nomenclature for a hazardous substance and a hazardous substance contained in a mixture or product,
• the trade name of the chemical,
• classification and labeling of the chemical,
• information on the physical and chemical properties of the chemical,
• results of toxicological and ecotoxicological tests,
• DNEL and PNEC values,
• instructions for safe handling,
• analytical methods for identifying hazardous substances in case of their release into the environment and for determining direct human exposure.

Data that must not be publicly available due to the protection of the commercial interests of the data owner includes:

• information on the exact composition of the mixture,
• precise details on the purpose and method of application of the substance,
• exact data on the quantities of chemicals produced and placed on the market,
• the relationship between the manufacturer or importer and their distributors and further users.

This information is kept as a trade secret by the competent authority. However, if the competent authority deems it necessary for the protection of people and the environment, this data may also become publicly available.

Additionally, a manufacturer or importer of chemicals can request that other data be marked as confidential. In such cases, they must justify why public disclosure of this data would harm the data owner. The competent authority then assesses whether such a request is justified.

Provisions on the protection of certain chemical data attempt to balance the commercial interests of companies with the protection of human health and the environment. Therefore, data necessary for the proper use of chemicals and taking adequate precautionary measures cannot be protected and must be available to the public. Such data includes the classification and labeling of chemicals.

Have you ever had issues obtaining data considered a trade secret? If this has caused problems during the registration of chemicals in the Chemical Inventory, we might be able to help. Contact me at nina.pajovic@bens-consulting.eu.