S.L. 549.44 Art. 48Confidential information. S.L. 549.39

(1) Where its disclosure affects one or more of the items mentioned in the Freedom of Access to Information on the

Environment Regulations, the applicant may indicate the information in the permit application submitted pursuant to these regulations that should be treated as confidential. Verifiable justification must be given in such cases.

(2) The competent authority shall decide, after consultation with the applicant, which information shall be kept confidential and shall inform the applicant of its decision.

(3) In no case may the following information be kept confidential:

(a) the name and address of the applicant,

(b) the institution, if any, requiring the permit,

(c) the species, biotope, natural habitat, site, area or SAC involved,

(d) the aim and purpose of the application,

(e) the benefits arising from the permit,

(f) the possible impacts on local biodiversity, including the species, biotope, natural habitat, or area involved,

(g) the evaluation of foreseeable effects, in particular any harmful effects on the environment.

(4) The competent authority shall not divulge to third parties any information decided to be confidential according to subregulation (2), and shall protect intellectual property rights relating to the data received.

(5) If, for whatever reasons, the applicant withdraws the application, the competent authority must respect the confidentiality of the information supplied.