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Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps Text with EEA relevance

article  37

CELEX:  02012R0236-20240116

Cooperation in case of request for on-site inspections or investigations
1. The competent authority of one Member State may request assistance from the competent authority of another Member State with regard to on-site inspections or investigations. The requesting competent authority shall inform ESMA of any request referred to in the first subparagraph. In case of an investigation or an inspection with cross-border effects, ESMA may and if requested shall coordinate the investigation or inspection.
2. Where a competent authority receives a request from a competent authority of another Member State 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 an on-site inspection or investigation;
(c) allow the competent authority which submitted the request to carry out the on-site inspection or investigation itself;
(d) appoint auditors or experts to carry out the on-site inspection or investigation;
(e) share specific tasks relating to supervisory activities with the other competent authorities.
Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps Text with EEA relevance

article  37

CELEX:  02012R0236-20240116

3. ESMA may request the competent authorities to carry out specific investigatory tasks and on-site inspections where information is reasonably required by ESMA to enable it to exercise a power expressly conferred on it by this Regulation.