S.L. 437.90 Art. 7National provisions.

(1) Subject to the Treaty, Member States may maintain, amend or introduce national hygiene provisions that are more specific than those laid down by the Directive, provided that such provisions:

(i) are not less stringent than those given in the Schedule,

(ii) do not constitute a restriction, hindrance or barrier to trade in foodstuffs produced in accordance with the Directive.

(2) Until detailed provisions have been laid down in accordance with Article 4 of the Directive, Member States may maintain, amend or introduce the relevant national provisions, subject to the Treaty.

(3) Should a Member State deem it necessary, in the cases provided for in paragraphs 1 and 2 of Article 7 of the Directive, to adopt new legislation or amend existing legislation, it shall communicate to the Commission and the other Member States the measures envisaged and give the reasons justifying them. The Commission shall consult the Member States within the Standing Committee on Foodstuffs set up by Decision 69/414/EEC if it considers such consultation to be useful or if a Member State so requests.

The Member State may take the envisaged measures only three months after such communication and provided that it has not received an opinion to the contrary from the Commission. In the latter event, before the expiry of the period referred to in the second paragraph, the Commission shall initiate the procedure provided for in Article 14 of the Directive in order to determine whether the envisaged measures may be implemented subject, if necessary, to the appropriate amendments.