22.—(1) The information provided pursuant to regulations 9 to 15 shall not be treated as relevant information for the purposes of Article 30 of the 1978 Order(1).
(2) Subject to paragraph (3), where, either in a notification submitted under regulation 9(1), 10(1), 11(1) or 12(1), or in response to a request made in pursuance of regulation 14(2) or when providing information in accordance with regulation 15(2), 15(3) or 15(4), a person indicates that he is providing information which should be kept confidential on one or more of the grounds set out in regulation 5(2)(a) to (c) and (e) of the Environmental Information Regulations (Northern Ireland) 1993(2)—
(a)that person shall give full justification for that indication to the competent authority; and
(b)after consulting that person, the competent authority shall decide which, if any, information shall be kept confidential and shall inform him of its decision.
(3) Subject to paragraph (8), paragraph (2) shall not apply to the following information, which shall not be kept confidential—
(a)the name and address of the notifier;
(b)in the case of a notification relating to an activity involving genetic modification of a micro-organism—
(i)the location of the activity,
(ii)the general characteristics of the genetically modified micro-organism,
(iii)the class of the activity involving genetic modification of the micro-organism,
(iv)the containment measures, and
(v)the evaluation of foreseeable effects, in particular any harmful effects on human health and the environment.
(4) Information which a notifier has indicated should be kept confidential and in relation to which the competent authority has not yet made a decision under paragraph (2)(b) and information which the competent authority has decided shall be kept confidential shall not be disclosed except—
(a)to the extent necessary to evaluate the notification;
(b)to the Department of Agriculture and Rural Development;
(c)to the Department of Enterprise, Trade and Investment;
(d)to the Great Britain competent authority; and
(e)to the European Commission.
(5) Where the competent authority has made a decision under paragraph (2)(b) that certain information shall not be kept confidential, that information shall not be disclosed until there has elapsed a period of 14 days following the day on which the competent authority informed the person providing the information of its decision except—
(a)to the extent necessary to evaluate the notification;
(b)to the Department of Agriculture and Rural Development;
(c)to the Department of Enterprise, Trade and Investment;
(d)to the Great Britain competent authority; or
(e)to the European Commission.
(6) A person who receives information by virtue of paragraph (4)(a) or (5)(a) shall not use that information except for the purposes of the competent authority.
(7) Information contained in a notification which has been withdrawn shall not be disclosed after the competent authority has received written notice in accordance with regulation 15(7).
(8) Notwithstanding paragraph (3), where the competent authority is satisfied on the basis of evidence submitted to it by the notifier and, where appropriate, after consultation with the notifier, that it is necessary to withhold, for the time being, certain of the information specified in paragraph (3) in order to protect his intellectual property rights, the competent authority shall withhold that information to the extent that, and for so long as, it is necessary to protect those rights.
(9) Subject to paragraph (10), where, pursuant to paragraph (2) or (8), a notifier has indicated that—
(a)he has provided confidential information; or
(b)withholding information is necessary in order to protect his intellectual property rights,
he shall forthwith inform the competent authority in writing of any change in circumstances which may affect the justification given under paragraph (2)(a) or the evidence submitted under paragraph (8), as the case may be.
(10) Paragraph (9) shall not apply if the competent authority has informed the notifier that the information in question is not to be kept confidential or withheld.
(11) Where—
(a)the competent authority has decided to keep information confidential pursuant to paragraph (2)(b) or has withheld information pursuant to paragraph (8); and
(b)the notifier has informed the competent authority of any change in circumstances pursuant to paragraph (9),
the competent authority shall, after consulting the notifier where appropriate, review whether the information in question should continue to be kept confidential or withheld and shall inform the notifier of the result of that review.
(12) For the purposes of this regulation, “general characteristics” in relation to a genetically modified micro-organism, means characteristics other than genus, species, genotype, serotype and strain.
S.I. 1978/1039 (N.I. 9); Article 30 was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 1