Article 19 — On-site inspections

1. In order to carry out the tasks conferred on it by this Regulation, the Authority may, subject to prior notification of the financial supervisor concerned, conduct all necessary on-site inspections at the business premises of the natural and legal persons referred to in Article 17. With respect to natural persons whose business premises are the same as their private residence, the Authority shall seek and obtain judicial authorisation for an on-site inspection. Where the proper conduct and efficiency of the inspection so require, the Authority may carry out the on-site inspection without prior announcement to those natural and legal persons. 2. The Authority may decide to entrust the performance of on-site inspections to a joint supervisory team in accordance with Article 16 or to a dedicated team, which could include joint supervisory team members where applicable. The Authority shall be responsible for the establishment and composition of the on-site inspection teams, which shall be done in cooperation with the financial supervisors. 3. The staff of the Authority and other persons authorised by the Authority to conduct an on-site inspection may enter any business premises and land of the natural or legal persons subject to a decision on investigation adopted by the Authority and, as regards natural persons whose business premises are the same as their private residence, upon obtaining a judicial authorisation for an on-site inspection pursuant to paragraph 1 of this Article. The staff of the Authority and other persons authorised by the Authority shall have the powers provided for in Article 21. 4. The natural and legal persons referred to in Article 17 shall be subject to on-site inspections on the basis of a decision of the Authority. 5. Staff and other accompanying persons authorised or appointed by the financial supervisor of the Member State where the inspection is to be conducted shall, under the supervision and coordination of the Authority, actively assist the staff of and other persons authorised by the Authority. To that end, they shall enjoy the powers set out in paragraph 3. Staff of financial supervisors of the Member State concerned shall also have the right to participate in the on-site inspections. 6. Where a person opposes the conduct of an on-site inspection ordered pursuant to this Article, the financial supervisor of the Member State concerned shall provide the necessary assistance in accordance with national law. To the extent necessary for the inspection, such assistance shall include the sealing of any business premises and books or records. Where that power is not available to the financial supervisor concerned, it shall use its powers to request the necessary assistance of other national authorities.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04