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New version applies from 10/12/2019 — introduced by Regulation (EU) 2019/2089. 61 provisions change. Later versions: 13/02/2021, 01/01/2022, 09/01/2024, 17/01/2025, 01/01/2026. Article 39 changes in this version: compare with the current text.

Article 39 - Cooperation on on-site inspections and investigations

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.

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