Article 6
Request for assistance for on-the-spot verifications and investigations
1.
A competent authority intending to carry out an on-the-spot verification or investigation on the territory of another Member State (‘the requesting authority’) shall submit a written request to the competent authority of that other Member State (‘the requested authority’). The request shall contain the following:
(a)
the reasons for the request, including the legal provisions applicable in the jurisdiction of the requesting authority on which the request is based;
(b)
the scope of the on-the-spot verification or the investigation;
(c)
the actions already undertaken by the requesting authority;
(d)
any actions to be taken by the requested authority;
(e)
the proposed methodology of the on-the-spot verification or investigation and the requesting authority’s reasons for choosing it.
2.
The request shall be submitted sufficiently in advance of the on-the-spot verification or investigation.
3.
Where a request for assistance for an on-the-spot verification or investigation is urgent, it may be transmitted by e-mail and subsequently confirmed in writing.
4.
The requested authority shall acknowledge receipt of the request without undue delay.
5.
The requesting authority shall make available any information that has been requested by the requested authority in order to enable the requested authority to provide the necessary assistance.
6.
The requested authority shall transmit without undue delay any information and documents that are available to it as are relevant or useful to the requesting authority, in light of the reasons for and scope of the on-the-spot verification or the investigation.
7.
The requested authority and the requesting authority shall reassess the necessity of the on-the-spot verification and investigation in light of the documents and information transmitted pursuant to paragraph 5 or 6.
8.
The requested authority shall decide whether it carries out the on-the-spot verification or investigation itself or whether it allows the requesting authority to carry out the on-the-spot verification or investigation, or whether it allows auditors or other experts to carry out the on-the-spot verification or investigation.
9.
The requested authority and the requesting authority shall agree on issues related to the allocations of costs of on-the-spot verification or investigation.