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Entitlement · CMON-03A key market operator may refuse a monitoring data request where answering it would disclose trade or business secrets, and is never obliged to generate data it does not already hold.
Key market operators along the critical raw materials value chain are given a right, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Art. 21(2), third subparagraph, in the Critical Raw Materials Act. as of 2026-08-18
- The act gives its timing as: From entry into force, 23 May 2024 (Art. 49(1)). as of 2026-08-18
- It names 3 industries by name: Waste, Aluminium and Steel. as of 2026-08-18
- Compliance is checked by none, if it happens. as of 2026-08-18
The rule
New — no predecessor
Trigger
a monitoring data request that would disclose trade or business secrets
Entitlement
A key market operator may refuse a monitoring data request where answering it would disclose trade or business secrets, and is never obliged to generate data it does not already hold.
Who is affected
Addressee
Key market operators along the critical raw materials value chain
Class
Businesses
Sectors
Names Waste and landfill, Aluminium and metals, Steel · Reaches Batteries and solar, Wind, heat pumps, hydrogen, Automotive, Aviation
Applies
From entry into force, 23 May 2024 (Art. 49(1))
Burden drivers
No burden drivers recorded on this provision.
Source text
Verbatim
Key market operators may refuse to submit data requested pursuant to point (a) of the first subparagraph if the sharing of such data would lead to the disclosure of trade or business secrets.
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