(28)To allow for a proportionate response to instances of incorrect or insufficient application of Union law, a three-step mechanism should apply. First, the Authority should be empowered to investigate alleged incorrect or insufficient application of Union law obligations by national authorities in their supervisory practice, concluded by a recommendation. Second, where the competent national authority does not follow the recommendation, the Commission should be empowered to issue a formal opinion taking into account the Authority’s recommendation, requiring the competent authority to take the actions necessary to ensure compliance with Union law.
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New version applies from 21/07/2011 — introduced by Alternative Investment Fund Managers Directive (AIFMD).
139 provisions change.
Later versions: 23/05/2014, 01/01/2020, 12/08/2022, 30/12/2024, 01/07/2025, 10/11/2025.
Recital 28 changes in this version: compare with the current text.