CELEX: 51992PC0574
Language: en
Date: 1992-12-11
Title: Amended proposal for a COUNCIL DIRECTIVE on the subject of additional measures concerning the official control of foodstuffs

No C 1 / 12                              Official Journal of the European Communities                                        5 . 1 . 93
                                                                   II
                                                          (Preparatory Acts)
                                                   COMMISSION
               Amended proposal for a Council Directive on the subject of additional measures concerning the
                                                   official control of foodstuffs
                                                             (93 /C 1 / 18)
                                                 COM(92) 574 final — SYN 377
                (Submitted by the Commissionpursuant to Article 149(3) ofthe EEC Treaty on 11 December 1992)
In response to the opinion delivered by the European                        — on any action which has been taken, including any
Parliament on the proposal for a Council Directive on                            action to try to prevent a reoccurence of the
the subject of additional measures concerning the official                       alleged non-compliance.
control of foodstuffs (*) in accordance with Article 149
(3) of the Treaty establishing the European Economic                        Such a report should also be copied to the
Community, the Commission has decided to amend the                          Commission.';
abovementioned proposal as follows :
                                                                        3 . Article 9 is replaced by the following text :
1 . the following new Article is added :
                                                                            ' 1 . Information forwarded pursuant to Articles 7
    'The   Member States       and   the  Commission       shall
                                                                            and 8 of this Directive, in whatever form, shall only
    encourage the exchange of officials either for                          be transmitted, in the receiving Member State, to
    training/study periods or as liaison officials between                  those persons who need to know such information for
    their respective departments. In the context of such                    the purposes of their work in connection with the
    exchanges, officials of one Member State may                            official control of foodstuffs . The use of such infor­
    participate in operations carried out by the competent                  mation in legal proceedings is permitted (subject to
    authorities of their host State.';                                      the judicial rules of the Member State concerned).
2. the following new paragraph is added to Article 7 :                      2 . Where a Member State has rules permitting free
    'When, during the exchange of information, it                           access by persons to information held by competent
    becomes clear that there may have been a case of                        authorities, this fact must be revealed at the time of
    non-compliance of Community laws or rules or                            the request to another Member State or during the
    national law of either the receiving Member State or                    exchange of information if no such request occurs. If
    the sending Member State, the competent authority in                    the sending Member State indicates that the infor­
    the Member State in whose territory the alleged                         mation involves matters of professional or commercial
    non-compliance has taken place shall in due time                        secrecy, the receiving Member State shall ensure that
    report back to the competent authority in the other                     the information is not divulged more widely than is
    Member State                                                            provided under paragraph 1 . If it is not possible for
                                                                            the receiving Member State to restrict the giving out
    — on any investigation that may have been                               of the information in this way, it shall not be contrary
        undertaken to deal with the alleged non­                            to the terms of this Directive for the sending Member
        compliance, and also                                                State to withold the information .'
O OJ No C 51 , 26. 2 . 1992 , p. 10.