The Plant Protection Products (Scotland) Regulations 2003

Confidentiality

17.—(1) Subject to paragraphs (2) and (4) below, where an applicant for the inclusion of an active substance in Annex I or an applicant for approval of a plant protection product so requests, the Scottish Ministers shall treat any information submitted by that applicant as confidential to the extent that in the opinion of the Scottish Ministers that information contains industrial or commercial secrets.

(2) The Scottish Ministers shall not treat as confidential the information specified in Schedule 2 and, once the application has been granted, the Scottish Ministers may make that information available to any person for inspection.

(3) If subsequent to the request mentioned in paragraph (1) above the applicant discloses any information which is confidential by virtue of this regulation, the applicant shall inform the Scottish Ministers accordingly.

(4) This regulation–

(a) is without prejudice to the provisions of the Environmental Information Regulations 1992(1), and

(b) does not prohibit the provision, to any authority responsible for exercising any function under any equivalent provision, of information which the Scottish Ministers consider will assist the authority in exercising that function.

(1)

S.I. 1992/3240 amended by 1998/1447.