Recital (17)

To ensure the protection of legitimate expectations of duty holders when generating or submitting data or information under the Union legal acts listed in Annex I, as well as to protect the confidentiality of that information when used by the Authorities, exceptional grounds for disclosing confidential information laid down in those Union legal acts should apply only to the disclosure of the data and information submitted or generated in compliance with those legal acts. For example, under Article 39(4) of Regulation (EC) No 178/2002 of the European Parliament and of the Council, where urgent action is essential to protect human health, animal health or the environment, such as in emergency situations, the EFSA can disclose information previously considered confidential under that Regulation and the EFSA is required to make public information which was previously considered confidential where that information forms part of the conclusions of scientific outputs of the EFSA which relate to foreseeable effects on human health, animal health or the environment. Likewise, Article 118 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council provides for the possibility for the ECHA to disclose confidential information submitted to it under that Regulation if urgent action is essential to protect human health, safety or the environment, such as in emergency situations.