Recital 63

(63) To support and complement the enforcement activities of the Member States, the Commission should be empowered to carry out inspections and coordinating actions in respect of illegal shipments, which are of a complex nature and might have serious adverse effects on human health or the environment, and where the investigation needed has a cross-border dimension involving at least two countries. In carrying out these inspections, the Commission should act in full respect of procedural guarantees and in close collaboration with the relevant authorities in the Member States, ensuring such inspections do not impact negatively any ongoing prosecuting, legal or administrative proceedings concerning the same illegal shipment in the Member State. The Commission may consider, as a matter of its internal organisation, entrusting certain enforcement actions foreseen by this Regulation to the European Anti-Fraud Office (OLAF), which possesses relevant expertise in that regard. The inspection and mutual assistance coordinating action should be without prejudice to the primary responsibility of the Member States to ensure and enforce compliance with this Regulation and should not affect the continued exercise of the powers conferred to the Commission or the European Anti-Fraud Office (OLAF), respectively, in other legal acts, in particular in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (27), Council Regulation (EC) No 515/97 (28), or Council Regulation (Euratom, EC) No 2185/96 (29).

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Source: EUR-Lex (Cellar) · retrieved 2026-11-03 · Text as adopted (Official Journal); later amendments are not incorporated in this text.