Directive 2000/64/EC of the European Parliament and of the Council of 7 November 2000 amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards exchange of information with third countries
Date: 2000-11-07
Institutions: Council of the European Union, European Parliament
Subjects: administrative cooperation, confidentiality, cooperation agreement (EU), exchange of information, professional secret

17.11.2000

EN

Official Journal of the European Communities

L 290/27

DIRECTIVE 2000/64/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 November 2000

amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards
exchange of information with third countries

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular the first and third sentences of
Article 47(2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure referred to in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

Council Directives 85/611/EEC (4), 92/49/EEC (5), 92/
96/EEC (6) and 93/22/EEC (7) allow the exchange of
information between competent authorities and with
certain other authorities or bodies within a Member
State or between Member States. The said Directives also
allow the conclusion by Member States of cooperation
agreements providing for the exchange of information
with the competent authorities of third countries.

On grounds of consistency with Directive 98/33/EC (8),
this authorisation to conclude agreements on the
exchange of information with third countries should be
extended so as to include the exchange of information
with certain other authorities or bodies in those coun-
tries provided that the information disclosed is subject
to appropriate guarantees of professional secrecy.

Directive 85/611/EEC, Directive 92/49/EEC, Directive
92/96/EEC and Directive 93/22/EEC should be amended
accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Article 50(4) of Directive 85/611/EEC shall be replaced by the
following:

(1) OJ C 116 E, 26.4.2000, p. 61.
(2) OJ C 168, 16.6.2000, p. 1.
(3) Opinion of

the European Parliament of 14 June 2000 (not yet
published in the Official Journal) and Council Decision of 29 June
2000.

(4) OJ L 375, 31.12.1985, p. 3. Directive as last amended by European
Parliament and Council Directive 95/26/EC (OJ L 168, 18.7.1995,
p. 7).

(5) OJ L 228, 11.8.1992, p. 1. Directive as last amended by Directive

95/26/EC.

(6) OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive

95/26/EC.

‘4. Member States may conclude cooperation agreements
providing for exchange of information with the competent
authorities of third countries or with authorities or bodies
of third countries as defined in paragraphs 6 and 7 only if
the information disclosed is subject to guarantees of profes-
sional secrecy at least equivalent to those referred to in this
Article. Such exchange of information must be intended for
the performance of the supervisory task of the authorities
or bodies mentioned.

Where the information originates in another Member State,
it may not be disclosed without the express agreement of
the competent authorities which have disclosed it and,
where appropriate, solely for the purposes for which those
authorities gave their agreement.’

Article 2

Article 16(3) of Directive 92/49/EEC, Article 15(3) of Directive
92/96/EEC and Article 25(3) of Directive 93/22/EEC, shall be
replaced by the following:

‘3. Member States may conclude cooperation agreements
providing for exchange of information with the competent
authorities of third countries or with authorities or bodies
of third countries as defined in paragraphs 5 and 5a only if
the information disclosed is subject to guarantees of profes-
sional secrecy at least equivalent to those referred to in this
Article. Such exchange of information must be intended for
the performance of the supervisory task of the authorities
or bodies mentioned.

Where the information originates in another Member State,
it may not be disclosed without the express agreement of
the competent authorities which have disclosed it and,
where appropriate, solely for the purposes for which those
authorities gave their agreement.’

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary for them to comply
with this Directive not later than 17 November 2002. They
shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

(7) OJ L 141, 11.6.1993, p. 27. Directive as last amended by European
Parliament and Council Directive 97/9/EC (OJ L 84, 26.3.1997,
p. 22).

(8) OJ L 204, 21.7.1998, p. 29.

2. Member States shall communicate to the Commission the
text of the main provisions of domestic law, which they adopt
in the field governed by this Directive.

L 290/28

EN

Official Journal of the European Communities

17.11.2000

This Directive shall enter into force on the day of its publication in the Official Journal of the European
Communities.

Article 4

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 7 November 2000.

For the European Parliament

The President

N. FONTAINE

For the Council

The President

L. FABIUS