Updated 04/02/2025
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Article 39 - Regulation 2016/1011 (BMR)

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.