fairs.

 

2. Where
a Member State has rules permitting free access by persons to information held
by competent authorities, this fact must be revealed at the time of the request
to another Member State or during the exchange of information if no such
request occurs. If the sending Member State indicates that the information
involves matters of professional or commercial secrecy, the receiving Member
State shall ensure that the information is not divulged more widely than is
provided under paragraph 1. If it is not possible for the receiving Member
State to restrict the giving out of the information in this way, it shall not
be contrary to the terms of this Directive for the sending Member State to
withhold the information.

 

3. Any
refusal to provide information according to the provisions of this Article must
be justified.

 

Article 8

 

1. Where
the procedure laid down in this Article is to be followed, the Commission shall
be assisted by the Standing Committee for Foodstuffs, set up under Decision
69/414/EEC (8), hereinafter referred to as the Committee.

 

2. The
Chairman shall refer the matter to the Committee either on his own initiative
or at the request of the representative of a Member State.

 

3. The
representative of the Commission shall submit to the Committee a draft of the
measures to be taken. The Committee shall deliver its opinion on the draft
within a time limit which the chairman may lay down according to the urgency of
the matter. The opinion shall be delivered by the majority laid down in Article
148 (2) of the Treaty in the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of the representative of the
Member States within the Committee shall be weighted in the manner set out in
that Article. The chairman shall not vote.

 

4. (a)
The Commission shall adopt the measures envisaged if they are in accordance
with the opinion of the Committee.

 

(b) If
the measures envisaged are not in accordance with the opinion of the committee,
or if no opinion is delivered, the Commission shall, without delay, submit to
the Council a proposal relating to the measures to be taken. The Council shall
act by a qualified majority.

 

If, on
the expiry of three months from the date of referral to the Council, the
Council has not acted, the proposed measures shall be adopted by the
Commission.

 

Article 9

 

1.
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply

 

- with
this Directive, except for Article 3, before 1 May 1995,

 

- with
Article 3 before 1 November 1998.

 

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 a reference shall be laid down
by the Member States.

 

2.
Member States shall communicate to the Commission the texts of the provisions
of national law which they adopt in the field governed by this Directive.

 

Article 10

 

This
Directive is addressed to the Member States.

 

Done at
Brussels, 29 October 1993.

 

For the Council

The President

R. URBAIN

 

(1) OJ
No C 51, 26. 2. 1992, p. 20.

(2) OJ No C 337, 21. 12. 1992, p.
143 and Decision of 27 October 1993 (not yet published in the Official
Journal).

(3) OJ
No C 332, 16. 12. 1992, p. 5.

(4) OJ
No L 186, 30. 6. 1989, p. 23.

(5) OJ
No L 372, 31. 12. 1985, p. 50.

(6) OJ No L 17, 21. 1. 1989, p. 51.
Decision as amended by Decision 90/352/EEC (OJ No L 173, 6. 7. 1990, p. 49).

(7) OJ
No L 228, 11. 8. 1992, p. 24.

(8) OJ
No L 291, 19. 11. 1969, p. 9.