BELGIAN BIOSAFETY SERVER : Directive 90/220/EEC
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Article 19

1. The Commission and the competent authorities shall not divulge to third parties any confidential information notified or exchanged under this Directive and shall protect intellectual property rights relating to the data received.

2. The notifier may indicate the information in the notification submitted under this Directive, the disclosure of which might harm his competitive position, that should therefore be treated as confidential. Verifiable justification must be given in such cases.

3. The competent authority shall decide, after consultation with the notifier, which information will be kept confidential and shall inform the notifier of its decisions.

4. In no case may the following information when submitted according to Articles 5 or 11 be kept confidential:

- description of the GMO or GMOs, name and address of the notifier, purpose of the release and location of release;

- methods and plans for monitoring of the GMO or GMOs and for emergency response;

- the evaluation of foreseeable effects, in particular any pathogenic and/or ecologically disruptive effects.

5. If, for whatever reasons, the notifier withdraws the notification, the competent authorities and the Commission must respect the confidentiality of the information supplied.


BELGIAN BIOSAFETY SERVER : Directive 90/220/EEC
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