Article 18 Confidentiality, professional secrecy and the right to remain silentX1

Proceedings under this Regulation shall be carried out subject to the principles of confidentiality and of professional secrecy.

The F1Secretary of StateF2... shall not disclose information acquired or exchanged ... pursuant to this Regulation and of the kind covered by the obligation of professional secrecy and confidentiality.

Any recognised organisation or other person who submits information or observations pursuant to this Regulation shall clearly identify any material considered to be confidential, giving the reasons for it, and provide a separate non-confidential version by the date set by the Secretary of State.

The Secretary of State may also require recognised organisations and other interested parties to identify any part of a report, of the statement of objections or of a decision by the Secretary of State, which in their view contains business secrets.

In the absence of the identification referred to in paragraphs 3 and 4, the Secretary of State may assume that the documents or observations concerned do not contain confidential information.

Without prejudice to Article 9 of Regulation (EC) No 391/2009, recognised organisations shall have the right to remain silent in situations where it would otherwise be compelled to provide answers which might involve an admission on their part of the existence of a breach.