without being limited to, confidential aspects of tenders such as unit prices included  in the financial offer, technical or trade secrets 9 . • The  Contracting authority  may disclose the submitted tender in the context of a  request for public access to documents, or in other cases where the applicable law  requires its disclosure. Unless there is an overriding public interest in disclosure 10 ,  the  Contracting authority  may refuse to provide full access to the submitted tender,  redacting the parts (if any) that contain confidential information, the disclosure of  which would undermine the protection of commercial interests of the tenderer,  including intellectual property. APPENDIX: LIST OF REFERENCES 9  For the definition of trade secrets please see Article 2 (1) of DIRECTIVE (EU) 2016/943 on the protection of  undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and  disclosure.  10  See Article 4 (2) of the REGULATION (EC) No 1049/2001 regarding public access to European Parliament,  Council and Commission documents. 22 Award criteria  See Section 3.4  Contracting authority  See Section 1.1  Entities on whose capacities  the tenderer relies to fulfil the  selection criteria  See Section 2.4.3  Exclusion criteria  See Section 3.1  Financial Regulation  Regulation (EU, Euratom) 2018/1046 of the European  Parliament and of the Council of 18 July 2018 on the  financial rules applicable to the general budget of the  Union  Contract See Section 1.6  Group leader  See Section 2.4.1  Identified subcontractors  See Section 2.4.2  Involved entities  See Section 2.4  Joint tender  See Section 2.4.1  Participating entities  See Section 1.1  Participant Register  See Section 2.3    The  Contracting authority  will disregard general statements that the whole tender or  substantial parts of it contain confidential information. Tenderers need to mark clearly the  information they consider confidential and explain why it may not be disclosed. The  Contracting authority  reserves the right to make its own assessment of the confidential  nature of any information contained in the tender.