CHAPTER III

RIGHT OF DEFENCE AND CONFIDENTIALITY

Right of defence
Article 9
The principle of the right of defence shall apply to any implementation of this Decision.

Access to the file
Article 10
The Member State concerned shall have the right, on request, to access all documents and other factual materials compiled by the Commission which could serve as supporting evidence for the recommendation to the Council to impose the said Member State a fine.
Documents obtained by the Member State concerned through access to the file shall be used solely for the purposes of this Decision.

Legal representation
Article 11
The Member State concerned, any entity concerned, any person working for such an entity or any other natural person concerned shall have the right to legal representation during the investigations.

Confidentiality and professional secrecy
Article 12
The investigations set out in Chapter II shall be conducted subject to the principles of confidentiality and professional secrecy. The Commission officials and other accompanying persons authorised by the Commission shall not disclose information that is acquired in the framework of the investigation which is covered by the obligation of professional secrecy and confidentiality.
Documents or information obtained by the Commission in the course of the investigations shall be used solely for the purposes of this Decision.