(iii)

the fourth subparagraph is replaced by the following: ‘When reporting the information referred to in paragraphs 1 and 2, undertakings may omit the following information: (*2) Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj)." (*3) Regulation (EU) 2023/2418 of the European Parliament and of the Council of 18 October 2023 on establishing an instrument for the reinforcement of the European defence industry through common procurement (EDIRPA) (OJ L, 2023/2418, 26.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2418/oj).’;" in exceptional cases, information the disclosure of which would be seriously prejudicial to the commercial position of the undertaking, provided that the following conditions are met: such omission does not prevent a fair and balanced understanding of the undertaking’s development, performance and position, or of its principal risks or principal impacts; the undertaking has determined that it is impossible to disclose the information in a manner that would enable it to meet the objectives of the disclosure requirement without seriously prejudicing its commercial position, for example on an aggregated basis; the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted; information corresponding to intellectual capital, intellectual property, know-how, technological information, or the results of innovation, which would qualify as a trade secret as defined in Article 2, point (1), of Directive (EU) 2016/943 of the European Parliament and of the Council (*2), provided that the following conditions are met: the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted; classified information defined in Article 2, point (7), of Regulation (EU) 2023/2418 of the European Parliament and of the Council (*3), provided that the following conditions are met: the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted; other information that is to be protected from unauthorised access or disclosure because of obligations laid down in other Union legal acts or national law, or in order to safeguard the privacy or security of a natural person or the security of a legal person, provided that the following conditions are met: the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.