In this act Article 7 of 12
- recRecitals 1–9
- 1Subject matter and scope
- 2Single contact points
- 3General requirements
- 4Submission of requests for cooperation or exchange of information
- 5Reply to a request for cooperation or exchange of information
- 6Notification of intention to carry out an on-site inspection in the host Member State
- 7Procedure for a request to carry out an on-site inspection
- 8Notification in the event of an infringement or suspected infringement
- 9Reporting for information or statistical purposes and to monitor compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366
- 10Information and data to be reported for information or statistical purposes
- 11Additional information and data to be reported for monitoring compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366
- 12Entry into force
- Annex IRequest for cooperation or information exchange
- Annex IIReply to a request for cooperation or information exchange
- Annex IIINotification of intention to carry out an on-site inspection in the host Member State
- Annex IVNotification of an infringement or suspected infringement
- Annex VForm to be used for reporting data for information and statistical purposes
- Annex VIForm to be used for reporting data for monitoring compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366
Article 7 — Procedure for a request to carry out an on-site inspection
Financial servicesLevel 2RTSPSD2In forceIn force on the date shown, by the dates in the Official Journal.VerifiedIdentical to the official source.Official source
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:
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.
Full document 12 articles and 6 annexes on one page