(4) When granting the undertakings or associations of undertakings concerned access to the file, the Commission should ensure the protection of business secrets and other confidential information in a proportionate manner. The Commission should be able to request undertakings or associations of undertakings that submit or have submitted documents, including statements, to identify business secrets or other confidential information. In order to ensure the effectiveness of the assessment of third parties’ comments to publications or consultations pursuant to Article 8(6), Article 18(5)and (6), and Articles 19(2) and 29(4) of Regulation (EU) 2022/1925, such comments should be treated as non-confidential for the purpose of granting access to file and of preparing Commission decisions, while giving third parties the right to request the redaction of the author’s and the sender’s name or other identifying information before the comments are shared with the addressee of the preliminary findings or with any other third party.
(5) The Commission should, before making documents available to the addressee of its preliminary findings, assess whether, with a view to an effective exercise of the right to be heard, the need to disclose is greater than the harm to the third party which might result from disclosure.
(6) In the interest of legal certainty, the time limits under Regulation (EU) 2022/1925 and this Regulation, including the time limits set by the Commission pursuant to those Regulations, should be governed by Council Regulation (EEC, Euratom) No 1182/71 (2). However, specific rules regarding time limits should be laid down to the extent necessary.
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
Subject matter and scope
This Regulation lays down detailed arrangements in relation to:
(1) the form, content and other details of notifications and submissions pursuant to Article 3, of reasoned requests pursuant to Article 8(3), Article 9 and Article 10, of regulatory reports pursuant to Article 11, and of notifications and submissions pursuant to Articles 14 and 15 of Regulation (EU) 2022/1925;
(2) proceedings pursuant to Article 29 of Regulation (EU) 2022/1925;
(3) the exercise of the right to be heard and the terms of disclosure provided for in Article 34 of Regulation (EU) 2022/1925;
(4) time limits.
CHAPTER II
NOTIFICATIONS, REQUESTS AND OTHER SUBMISSIONS
Article 2
Notifications and submissions of information following Commission requests
1. Notifications pursuant to Article 3(3), first subparagraph, of Regulation (EU) 2022/1925 shall contain all the information, including documents, indicated in the form set out in Annex I to this Regulation.
2. Submissions of information following a Commission request for information referred to in Article 3(3), second subparagraph, of Regulation (EU) 2022/1925 shall contain all the information, including documents, set out in the Commission’s request. The Commission may specify, in its request for information, which of the sections of the form set out in Annex I to this Regulation shall be completed.