TITLE III

The competent authorities of each Member State shall communicate to the Commission as soon as it is available to them: any information they consider useful concerning: goods which have been or are suspected of having been the subject of transactions contrary to legislation on veterinary or zootechnical matters, the methods or processes used or suspected of having been used to contravene such legislation; any information on deficiencies of, or lacunae in, the said legislation which application thereof has revealed or suggested. The Commission shall communicate to the competent authorities of each Member State, as soon as it is available to it, any information which is such as to enable compliance with legislation on veterinary or zootechnical matters to be enforced. Where the competent authorities of a Member State become aware of operations which are, or appear to be, contrary to the rules on veterinary or zootechnical matters and which are of particular interest at Community level, and in particular: where they have, or might have, ramifications in other Member States, or where it appears to the said authorities likely that similar operations have been also carried out in other Member States, those authorities shall communicate to the Commission as quickly as possible, either on their own initiative or at the reasoned request of the Commission, all relevant information, where appropriate in the form of documents or copies or extracts from documents, necessary to determine the facts so as to enable the Commission to coordinate the action undertaken by the Member States. The Commission shall pass this information on to the competent authorities of the other Member States. Where the communications referred to in paragraph 1 concerning cases likely to create risks for human health, and in the absence of other methods of prevention, the information in question may, after contact between the parties and the Commission, be the object of a reasoned notice to the public. Information relating to natural or legal persons shall be communicated as provided for in paragraph 1 only to the extent strictly necessary to enable operations which are contrary to legislation on veterinary or zootechnical matters to be noted. Where the competent authorities of a Member State make use of paragraph 1, they need not communicate information as provided in Articles 8 (2) (b) and 9 to the competent authorities of the other Member States concerned. The Commission and the Member States meeting within the Standing Veterinary Committee or the Standing Zootechnical Committee shall: examine, in general terms, the operation of the mutual assistance arrangements provided for in this Directive, examine the relevant information communicated to the Commission pursuant to Articles 9 and 10 — and the procedures for such communication — with a view to drawing conclusions. In the light of that examination the Commission shall, if necessary, suggest amendments to existing Community provisions or the drawing-up of additional ones. For the purposes of applying this Directive, Member States shall take all the necessary steps to: ensure smooth internal coordination between the competent authorities referred to in Article1; establish, in their mutual relations and as required, direct cooperation between the authorities they specially empower to this end. This Directive shall not oblige the competent authorities of the Member States to grant each other assistance where to do so would be likely to prejudice public policy or any other fundamental interests of the State in which they are situated. Reasons shall be stated for any refusal to grant assistance. The supply of documents provided for in this Directive may be replaced by the supply of computerized information produced in any form for the same purpose. Any information communicated in whatever form pursuant to this Directive shall be of a confidential nature. It shall be covered by the obligation of professional secrecy and shall enjoy the protection extended to like information under both the national law of the Member State which received it and the corresponding provisions applying to Community bodies. The information referred to in the first subparagraph may not, in particular, be sent to persons other than those in the Member States or within the Community institutions whose duties require that they have access to it. Nor many it be used for purposes other than those provided for in this Directive, unless the authority supplying it has expressly agreed and insofar as the provisions in force, in the Member State where the authority which received it is situated do not object to such communication or use. The information provided for under this Directive shall nonly be communicated to the applicant authority to the extent there is nothing to the contrary in the provisions in force in the Member State or requested authority. Member States shall ensure that information obtained under the mutual assistance scheme remains confidential, even after a matter has been closed. Paragraph 1 shall not impede the use of information obtained pursuant to this Directive in any legal actions or proceedings subsequently instituted for failure to comply with legislation on veterinary or zootechnical matters on or in the prevention and discovery of irregularities detrimental to Community funds. The competent authority of the Member State which supplied this information shall be informed forthwith of such utilization. Member States shall communicate to the Commission and to the other Member States the bilateral mutual assistance agreements between veterinary administrations concluded with third countries. The Commission shall, for its part, communicate to the Member States agreements of the same nature that it concludes with third countries. Member States shall mutually waive claims for the reimbursement of expenses incurred pursuant to this Directive except, where appropriate, in respect of fees paid to experts. This Directive shall not affect the application in the Member States of the rules on mutual assistance in criminal matters. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1991. They shall forthwith inform the Commission thereof. This Directive is addressed to the Member States.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.