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1. The competent authorities of Member States shall carry out checks to establish whether undertakings comply with their obligations under this Regulation.

2. The checks shall be carried out following a risk-based approach, which takes into consideration, in particular, the history of compliance of undertakings, the risk of non-compliance of a specific product with this Regulation, and any other relevant information received from the Commission, customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions of the Member States, or from competent authorities of third countries. The competent authorities of Member States shall also carry out checks when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties or the Commission, concerning potential non-compliance with this Regulation.

3. The checks referred to in paragraphs 1 and 2 shall include:

(a) on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment; and (b) checks of online platforms pursuant to this paragraph. Without prejudice to Regulation (EU) 2022/2065 of the European Parliament and of the Council (), where an online platform, falling within the scope of Chapter III, Section 4, of that Regulation, allows distance contracts to be concluded with undertakings offering fluorinated greenhouse gases or products and equipment that contain such gases, competent authorities of Member States shall verify whether the undertaking, the fluorinated greenhouse gases, the products or the equipment offered comply with the requirements laid down in this Regulation. Competent authorities of Member States shall inform and cooperate with the Commission and with the relevant competent authorities referred to in Article 49 of Regulation (EU) 2022/2065 for the purpose of ensuring compliance with that Regulation.

Checks shall be carried out without prior warning given to the undertaking, except where prior notification is necessary in order to ensure the effectiveness of the checks. Member States shall ensure that undertakings provide the competent authorities with all necessary assistance to enable those authorities to carry out the checks provided for in this Article.

4. The competent authorities of Member States shall keep records of the checks, indicating in particular their nature and results, and of the measures taken in the event of non-compliance. Records of all checks shall be kept for at least 5 years.

5. At the request of another Member State, a Member State may carry out checks or other formal investigations of undertakings suspected of being engaged in the illegal movement of gases, products or equipment covered by this Regulation and which are operating on the territory of that Member State. The requesting Member State shall be informed about the result of the check or of the investigation.

6. In carrying out the tasks assigned to it by this Regulation, the Commission may request all necessary information from competent authorities of Member States and from undertakings. When requesting information from an undertaking, the Commission shall at the same time forward a copy of the request to the competent authority of the Member State within the territory of which the undertaking’s seat is situated.

7. The Commission shall take appropriate steps to promote an adequate exchange of information and cooperation between competent authorities of Member States and between those competent authorities and the Commission. The Commission shall take appropriate steps to protect the confidentiality of information obtained under this Article.