Article 46 Handling of confidential information

Information acquired in the course of implementing this Regulation shall be used only for the purposes of this Regulation and shall be protected by the relevant Union and national law.

Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive, confidential and classified information obtained and processed in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and relevant national law.

The Commission and Member States shall ensure that classified information provided or exchanged pursuant to this Regulation is not downgraded or declassified without the prior written consent of the originator in accordance with relevant Union or national law.

Where a Member State considers that the disclosure of aggregated information pursuant to Article 22 is likely to compromise its national security interest, it may, by means of a reasoned notice, object to the Commission’s disclosure of that information.

The Commission and the national authorities, their officials, employees and other persons working under the supervision of those authorities shall ensure the confidentiality of information obtained in carrying out their tasks and activities in accordance with relevant Union or national law. This obligation also applies to all representatives of Member States, observers, experts and other participants attending meetings of the Board pursuant to Article 36.

The Commission shall provide for standardised and secure means for the collation, processing and storage of the information obtained pursuant to this Regulation.

Any obligations on sharing information pursuant to this Regulation shall not apply to data that concerns the essential interests of the Member States’ security or defence.