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Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (Text with EEA relevance)

article  23

CELEX:  32024R0900

Cross-border cooperation
1. Compliance with this Regulation by providers of political advertising services and sponsors shall be subject to the competence of the Member State where the provider has its establishment. In the event that the provider is established in more than one Member State, it shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment.
2. Without prejudice to Article 22(1) and (2) and paragraph 1 of this Article, the competent authority or authorities of all Member States shall cooperate with and assist each other as necessary.
Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (Text with EEA relevance)

article  23

CELEX:  32024R0900

3. A competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority, without undue delay and no later than one month after receiving the request, with assistance so that the supervision or enforcement measures referred to in Article 22(5) can be implemented in an effective, efficient and consistent manner. A competent authority shall, upon receipt of a reasoned request for information from the competent authority of another Member State, via the national contact points referred to in Article 22(9), provide that competent authority with the required information without undue delay and no later than 14 days after receiving the request. That deadline may be extended to one month in cases requiring additional investigation or information from multiple competent authorities.
Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (Text with EEA relevance)

article  23

CELEX:  32024R0900

4. Where a national competent authority of a Member State has reason to suspect that this Regulation has been infringed in its territory, it shall notify the competent authority of the main establishment of the provider and request it, where appropriate, to assess the matter and to take the necessary investigatory and enforcement measures referred to in paragraph 7.
5. A notification pursuant to paragraph 4 shall be substantiated, duly reasoned and proportionate and at least indicate:
(a) the information allowing the identification of the sponsor or provider of political advertising services;
(b) a description of the relevant facts, the relevant provisions of this Regulation and the reasons why the notifying competent authority suspects an infringement of this Regulation, including, as relevant, a description of the circumstances allowing the assessment of the criteria set out in Article 25(4);
(c) information on where the relevant political advertisement or a copy of it can be retrieved;
(d) any other information that the notifying competent authority considers relevant, including, where appropriate, information gathered on its own initiative.
Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (Text with EEA relevance)

article  23

CELEX:  32024R0900

6. Where the competent authority of main establishment does not have sufficient information to act upon a notification received pursuant to paragraph 4, it may request additional information from the competent authority that made the notification. When it receives such a request, the competent authority shall provide the requested information without undue delay. The time period laid down in paragraph 7 shall be suspended until that additional information is provided.
7. The competent authority of main establishment shall, without undue delay and no later than one month following receipt of the notification referred to in paragraph 4 or, where applicable, of the information referred to in paragraph 6, communicate to the competent authority that made the notification and to the network of national contact points its assessment of the suspected infringement and information on the investigatory or enforcement measures taken, or intended to be taken, in order to ensure compliance with this Regulation.
Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (Text with EEA relevance)

article  23

CELEX:  32024R0900

8. Where the investigation of an alleged infringement concerns the provision of political advertising services in one or more Member States in which the provider of political advertising services does not have its main establishment, the competent authority of main establishment may launch and lead a joint investigation with the participation of the competent authority or authorities of those Member States:
(a) on its own initiative and after obtaining the agreement of the competent authority or authorities requested; or (b) following a request by another competent authority, or authorities, based on its reasonable suspicion that the political advertising services performed by the provider of political advertising services established in the Member State of the main establishment has infringed this Regulation or substantially affected individuals in the territory of the competent authority or authorities making the request.
Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (Text with EEA relevance)

article  23

CELEX:  32024R0900

9. For the purposes of paragraph 8 the competent authority requesting the launch of a joint investigation shall provide the other competent authority or authorities with the information referred to in paragraph 5. If a competent authority decides not to participate in a joint investigation, it shall provide to the other competent authority or authorities with a reasoned explanation to that effect.
10. In carrying out a joint investigation, competent authorities shall cooperate in good faith, and exercise their investigative powers as necessary for the investigation of the alleged infringement. Competent authorities carrying out a joint investigation shall inform each other of any relevant enforcement measure which they initiate or intend to initiate.