8. The ECHA may request a sample of a substance or mixture necessary for performing the scientific studies referred to in paragraphs 1, 2 and3 from a business operator manufacturing, importing, formulating or placing such substance or mixture on the market. In order to request a sample, the ECHA shall send a draft request to the business operator, explaining the request and specifying the quantity and form of the sample as well as the date by which the sample is to be provided. The ECHA may also ask the business operator to provide substance or mixture characterisation. The ECHA shall inform the business operator of its right to comment within 30 days of receipt of the request. Any such comment received shall be taken into account by the ECHA, which shall confirm or amend the request.
Where the ECHA confirms or amends the request, the business operator shall provide the requested sample free of charge to the ECHA or to any natural or legal person commissioned by the ECHA to perform the scientific study within the deadline set by the ECHA. The business operator may request the ECHA not to disclose certain characterisation information relating to the provided sample if the business operator demonstrates that the disclosure would undermine the protection of its commercial interests.
If the ECHA deems the request to be justified, the information concerned shall be considered confidential and shall not be made available to the public.