51. A competent authority initiating an on-the-spot check or inspection (the initiator) in a …

A competent authority initiating an on-the-spot check or inspection (the initiator) in a significant-plus branch should apply the following process:

• (a) The initiator should invite the other authority to participate in the performance of the activity ensuring that the decision about the activity has been made in a reasonable timeframe allowing competent authorities to organise their participation (generally six weeks in advance of the start of the activity in the case of a pre-planned activity, but shorter notice might be sufficient in the case of an extraordinary activity). When doing so, the initiator should inform the invited authority about the scope of the activity in order to allow it to make an informed decision.
• (b) The authority receiving the invitation should confirm its participation without undue delay, and at the latest within one week of receipt of the invitation referred to in point (a), unless the on-the-spot check or inspection is of an urgent nature, in which case the authority receiving the invitation should confirm its participation within a reasonable timeframe set by the other authority, in light of the particular circumstances warranting an on-the-spot check or inspection.
• (c) Where the authority receiving the invitation decides to participate in the activity:
• i. the initiator should, to the extent possible, schedule the activity, including the timing of the meetings organised within the performance of the activity, with due consideration to the availability of the participating authority;
• ii. the initiator should ensure that information relevant to the performance of the activity is made available to the participating authority, subject to the national law of the Member State where the check or inspection is carried out;
• iii. the initiator should draft a report summarising the findings of the on-the-spot check or inspection and should allow reasonable time for the participating authority to comment within a specified timeline to enable the timely finalisation of the report;
• iv. the authorities participating in the activity should strive to reach agreement on the report summarising the findings of the on-the-spot check or inspection before communicating the report to the institution and, where appropriate and in line with the administrative procedures, the branch;
• v. once the authorities participating in the activity finalise the report, the consolidating supervisor or the home competent authority should have it communicated to the institution or the group and, where appropriate and in line with the administrative procedures, the host competent authority should have it communicated to the management of the branch;
• vi. where the authorities participating in the activity fail to reach agreement on the report summarising the findings of the on-the-spot check or inspection, the authority initiating and organising the activity remains responsible for the finalisation of the report and its communication to the institution or to the management of the branch.
• (d) Where the authority receiving the invitation decides not to participate in the activity, the initiator should draft the report summarising the findings of the on-the-spot check or inspection and inform the consolidating supervisor and the home or host competent authority about the final findings as communicated to the institution and to the branch. Where an on-the-spot check or inspection of a branch is performed by the host competent authority and the consolidating supervisor or the home competent authority decides not to participate in the activity, the host competent authority should inform the consolidating supervisor and the home competent authority about the findings before communicating them to the branch.

1. Forbhreathnú

1.1 Tagairtí

1.2 Ceanglais aitheanta

1.3 Caighdeáin ghaolmhara

2. Ceanglais aitheanta

3. Caighdeáin ghaolmhara

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