Article 20 Confidentiality

The applicant may indicate which information submitted under Articles 9(1), 10(2) and 12(2) is to be treated as confidential on the ground that its disclosure might significantly harm its competitive position. Verifiable justification must be given in such cases.

Information relating to the following shall not be considered confidential:

The F1appropriate authority shall determine, after consultation with the applicant, which information should be kept confidential and shall inform the applicant and the F2Food Safety Authority of its decision.

The Food Safety Authority must supply the appropriate authority with all information in its possession on request by the appropriate authority.

The F4appropriate authority and the Food Safety Authority shall take the necessary measures to ensure appropriate confidentiality of the information received by them under this Regulation, except for information which must be made public if circumstances so require in order to protect human health.

If an applicant withdraws or has withdrawn an application, the F5appropriate authority and the Food Safety Authority shall respect the confidentiality of commercial and industrial information provided, including research and development information as well as information on which the F6appropriate authority, the Food Safety Authority and the applicant disagree as to its confidentiality.