Regulation (EC) No 1924/2006 of the european parliament and of the councilShow full title

Regulation (EC) No 1924/2006 of the european parliament and of the council of 20 December 2006 on nutrition and health claims made on foods

[X1 Article 21 U.K. Data protection

1. The scientific data and other information in the application required under Article 15(3) may not be used for the benefit of a subsequent applicant for a period of five years from the date of authorisation, unless the subsequent applicant has agreed with the prior applicant that such data and information may be used, where:

(a) the scientific data and other information has been designated as proprietary by the prior applicant at the time the prior application was made; and

(b) the prior applicant had exclusive right of reference to the proprietary data at the time the prior application was made; and

(c) the health claim could not have been authorised without the submission of the proprietary data by the prior applicant.

2 . Until the end of the five-year period specified in paragraph 1, no subsequent applicant shall have the right to refer to data designated as proprietary by a prior applicant unless and until the [F1appropriate authority] takes a decision on whether a claim could be or could have been [F2authorised under] Article 14 or, where appropriate, Article 13 without the submission of data designated as proprietary by the prior applicant. ]

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