Article 39
Cooperation on on-site inspections and investigations
1.
A competent authority may request the assistance of another competent authority with regard to on-site inspections or investigations. The competent authority receiving the request shall cooperate to the extent possible and appropriate.
2.
A competent authority making a request referred to in paragraph 1 shall inform ESMA thereof. In the event of an investigation or inspection with cross-border effect, the competent authorities may request ESMA to coordinate the on-site inspection or investigation.
3.
Where a competent authority receives a request from another competent authority to carry out an on-site inspection or an investigation, it may:
(a)
carry out the on-site inspection or investigation itself;
(b)
allow the competent authority which submitted the request to participate in the on-site inspection or investigation;
(c)
appoint auditors or experts to support or carry out the on-site inspection or investigation.