Without prejudice to the exchange and use of information provided for in Articles 5(3) and 11(1), a non-compliance procedure shall be conducted subject to the principles of confidentiality and of professional secrecy.

The Commission, the Agency and the national aviation authorities, when involved under Articles 5(3) and 11(1), their officials and other persons working under their supervision shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of confidentiality and professional secrecy.

Without prejudice to the right to access the file, the certificate holder shall not have access to business secrets, confidential information or internal documents held by the Commission or the Agency.

Any person who submits observations or information pursuant to this Regulation shall clearly identify any material considered to be confidential, giving reasons, and provide a separate non-confidential version by the date set by the Commission or the Agency. In the absence of such identification, the Commission may assume that the observations or information submitted do not contain confidential information.

A certificate holder shall have the right to remain silent in situations where they would otherwise be compelled to provide answers which might involve an admission on their part of the existence of a breach.