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1. By way of derogation from Article 38, the Authority shall not make public any information for which confidential treatment has been requested under the conditions laid down in this Article.

2. Upon the request of an applicant, the Authority may grant confidential treatment only with respect to the following items of information where the disclosure of such information is demonstrated by the applicant to potentially harm its interests to a significant degree:

(a) the manufacturing or production process, including the method and innovative aspects thereof, as well as other technical and industrial specifications inherent to that process or method, except for information which is relevant to the assessment of safety;

(b) commercial links between a producer or importer and the applicant or the authorisation holder, where applicable;

(c) commercial information revealing sourcing, market shares or business strategy of the applicant; and (d) quantitative composition of the subject matter of the request, except for information which is relevant to the assessment of safety.

3. The list of information referred to in paragraph 2 shall be without prejudice to any sectoral Union law.

4. Notwithstanding paragraphs 2 and 3:

(a) where urgent action is essential to protect human health, animal health or the environment, such as in emergency situations, the Authority may disclose the information referred to in paragraphs 2 and 3;

(b) information which forms part of conclusions of scientific outputs, including scientific opinions, delivered by the Authority and which relate to foreseeable effects on human health, animal health or the environment, shall nevertheless be made public.