Chapter IVa · Governance framework

Article 46dMutual assistance

Inserted by Regulation (EU) 2024/1183

Short link: eidas.pt/en/46dView on EUR-Lex ↗

1. #

In order to facilitate the supervision and enforcement of obligations under this Regulation, the supervisory bodies designated pursuant to Article 46a(1) and Article 46b(1) may seek, including through the Cooperation Group established pursuant to Article 46e(1), mutual assistance from the supervisory bodies of another Member State where the provider of the European Digital Identity Wallet or the trust service provider is established, or where its network and information systems are located or its services are provided.

2. #

The mutual assistance shall at least entail that:

(a)

the supervisory body applying supervisory and enforcement measures in one Member State shall inform and consult the supervisory body from the other Member State concerned;

(b)

a supervisory body may request the supervisory body of another Member State concerned to take supervisory or enforcement measures, including, for instance, requests to carry out inspections related to the conformity assessment reports as referred to in Articles 20 and 21 regarding the provision of trust services;

(c)

where appropriate, supervisory bodies may carry out joint investigations with the supervisory bodies of other Member States.

The arrangements and procedures for joint actions under the first subparagraph shall be agreed upon and established by the Member States concerned in accordance with their national law.

3. #

A supervisory body to which a request for assistance is addressed may refuse that request on any of the following grounds:

(a)

the assistance requested is not proportionate to the supervisory activities of the supervisory body carried out in accordance with Articles 46a and 46b;

(b)

the supervisory body is not competent to provide the requested assistance;

(c)

providing the requested assistance would be incompatible with this Regulation.

4. #

By 21 May 2025 and every two years thereafter, the Cooperation Group established pursuant to Article 46e(1) shall issue guidance on the organisational aspects and procedures for the mutual assistance referred to in paragraphs 1 and 2 of this Article.