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Directive 2001/34/EC of the European Parliament and of the… TITLE VI — COMPETENT AUTHORITIES AND COOPERATION BETWEEN MEMBER STATES

Article 105–Article 107 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 105

1. Member States shall ensure that this Directive is applied and shall appoint one or more competent authorities for the purposes of the Directive. They shall notify the Commission thereof, giving details of any division of powers among them. 2. Member States shall ensure that the competent authorities have the powers necessary for them to carry out their task. 3. This Directive shall not affect the competent authorities' liability, which shall continue to be governed solely by national law.

Article 106

The competent authorities shall cooperate whenever necessary for the purpose of carrying out their duties and shall exchange any information useful for that purpose.

Article 107

1. Member States shall provide that all persons employed or formerly employed by the competent authorities shall be bound by professional secrecy. This means that any confidential information received in the course of their duties may not be divulged to any person or authority except by virtue of provisions laid down by law. 2. Paragraph 1 shall not, however, preclude the competent authorities of the various Member States from exchanging information as provided for in this Directive. Information thus exchanged shall be covered by the obligation of professional secrecy to which the persons employed or formerly employed by the competent authorities receiving the information are subject. 3. Without prejudice to cases covered by criminal law, the competent authorities which, pursuant to Article 106, receive information under Title III, Chapter I, Title V, Chapter I and Annex I, may use it only for the performance of their duties or in the context of administrative appeals or legal proceedings in relation to such performance. A competent authority which, pursuant to paragraph 2, receives confidential information under Title IV, Chapter III, may use it solely for the performance of its duties. TITLE VII CONTACT COMMITTEE CHAPTER I Composition, working and tasks of the Committee

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