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Article 7 - Procedure for a request to carry out an on-site inspection

Article 7

Procedure for a request to carry out an on-site inspection

1.   Where the competent authority of the home Member State intends to delegate to the competent authority of the host Member State the task of carrying out an on-site inspection of an agent or a branch of a payment institution located in its territory, it shall send a request to the competent authority of the host Member State, stating the reasons for the request. The competent authority of the home Member State may make a request to carry out the inspection jointly with the competent authority of the host Member State.

2.   Where, on the basis of the complexity of the request, the competent authority of the host Member State is unable to fulfil the request, it shall immediately inform the competent authority of the home Member State, stating the justifiable reasons that prevent it from fulfilling the request.

3.   The competent authorities of the home and the host Member States shall engage in ongoing dialogue to coordinate the various stages of the on-site inspection and shall agree beforehand on:

(a)

the subject matter and scope of the inspection;

(b)

a supervisory programme that sets out the different areas on which the inspection will focus;

(c)

the allocation of resources and staff;

(d)

timelines for the completion of the inspection;

(e)

responsibility for any enforcement actions and for monitoring the implementation of any risk mitigation plan that is considered necessary as a result of the inspection.

4.   The competent authority of the home Member State shall submit the request in the accordance with Article 4 and the requested authority shall reply in accordance with Article 5.

5.   The competent authority of the host Member State, to ensure consistent and efficient supervision of payment institutions exercising cross-border provision of payment services, may ask the competent authority of the home Member State to carry out an on-site inspection at the head office of a payment institution that is situated in the home Member State and which provides payment services in the host Member State, stating the reasons for the request.

6.   The competent authority of the host Member State shall submit the requests under paragraph 5 in accordance with Article 4.

7.   Where a procedure for the settlement of a disagreement between the competent authorities of different Member States has been initiated in accordance with Article 27 of Directive (EU) 2015/2366 in relation to a request to carry out an on-site inspection, paragraphs 1 to 4 of this Article shall not apply pending resolution of the procedure under Article 19 of Regulation (EU) No 1093/2010.