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Entitlement · CMON-03

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.

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
Addressee Key market operators along the critical raw materials value chainAct Regulation (EU) 2024/1252, consolidated 03.05.2024Article Art. 21(2), third subparagraphClass Businesses

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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