{
  "url": "https://openlegislation.uk/eu-regulation-2006-1924/article-21",
  "json_url": "https://openlegislation.uk/eu-regulation-2006-1924/article-21.json",
  "legislation": "eur/2006/1924",
  "legislation_title": "Regulation (EC) No 1924/2006 of the european parliament and of the council of 20 December 2006 on nutrition and health claims made on foods",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2006-1924",
  "path": "article/21",
  "kind": "article",
  "number": "21",
  "heading": "Data protection",
  "text": "1. The scientific data and other information in the application required under Article 15(3) may not be used for the benefit of a subsequent applicant for a period of five years from the date of authorisation, unless the subsequent applicant has agreed with the prior applicant that such data and information may be used, where:\n(a) the scientific data and other information has been designated as proprietary by the prior applicant at the time the prior application was made; and\n(b) the prior applicant had exclusive right of reference to the proprietary data at the time the prior application was made; and\n(c) the health claim could not have been authorised without the submission of the proprietary data by the prior applicant.\n2 . Until the end of the five-year period specified in paragraph 1, no subsequent applicant shall have the right to refer to data designated as proprietary by a prior applicant unless and until the appropriate authority takes a decision on whether a claim could be or could have been authorised under Article 14 or, where appropriate, Article 13 without the submission of data designated as proprietary by the prior applicant.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 21(2) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(22)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 21(2) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(22)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "X",
      "label": "X1",
      "text": "Substituted by Corrigendum to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (Official Journal of the European Union L 404 of 30 December 2006)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2006/1924/article/21",
    "retrieved_at": "2026-11-01T14:53:11.827681+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}