in force 2024-05-20 INSERTED+2,119 −0§
Amended by Regulation (EU) 2024/1183 32024R1183
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
Article 46d is a newly added provision setting out mutual assistance arrangements among supervisory bodies designated under Articles 46a and 46b, including seeking assistance through the Cooperation Group, informing and consulting one another, requesting supervisory or enforcement measures, and carrying out joint investigations.
The provision also lists grounds on which a supervisory body may refuse a request for assistance and requires the Cooperation Group to issue guidance on organisational aspects and procedures for mutual assistance by a specified date and every two years thereafter.
Cited: Art. 46d, v2
text before / after
inserted text (02014R0910-20240520)
Article 46d Mutual assistance 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.