Article 17
Cooperation and exchange of information in case of infringements
1. Upon becoming aware of any infringement or suspected infringement by a PEPP provider or PEPP distributor or such infringement occurring in the exercise of the freedom to provide services or freedom of establishment, the competent authority or EIOPA, as applicable, shall promptly notify the concerned competent authority by means of the template set out in Annex XIII. The notifying competent authority may attach to the notification any supporting material it deems necessary. If the infringement is relevant for EIOPA’s duties, the notifying competent authority shall also promptly notify EIOPA by means of the template set out in Annex XIII.
2. The notifying competent authority or EIOPA, as applicable, shall provide the notified competent authority with all the information necessary to assess the matter, in particular, the following information:
(a) |
the type, nature, materiality and duration of the infringement or suspected infringement; |
(b) |
suggested actions and potential publication, if any, planned to be undertaken by the notifying competent authority; |
(c) |
the evidence upon which they have based their decision. |
The notified competent authority and EIOPA, as applicable, may request from the notifying competent authority any other information they consider necessary for their assessment and action.
3. Where the notifying competent authority considers the information should be sent urgently, it may initially notify the notified competent authority and EIOPA, as applicable, verbally, provided that the information is subsequently transmitted by electronic means in accordance with paragraph 1, unless the competent authorities involved agree otherwise.