29.06.2013 Views

Interim Agreement with a View to an - Official Documents

Interim Agreement with a View to an - Official Documents

Interim Agreement with a View to an - Official Documents

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

400<br />

400<br />

ARTICLE 6<br />

Form <strong>an</strong>d subst<strong>an</strong>ce of requests for assist<strong>an</strong>ce<br />

1. Requests pursu<strong>an</strong>t <strong>to</strong> this Pro<strong>to</strong>col shall be made in writing. They shall be<br />

accomp<strong>an</strong>ied by the documents deemed necessary <strong>to</strong> enable compli<strong>an</strong>ce <strong>with</strong> the<br />

request. Where required because of the urgency of the situation, oral requests may<br />

be accepted, but must be confirmed in writing immediately.<br />

2. Requests pursu<strong>an</strong>t <strong>to</strong> paragraph 1 shall include the following information:<br />

(a) the applic<strong>an</strong>t authority;<br />

(b) the measure requested;<br />

(c) the object of <strong>an</strong>d the reason for the request;<br />

(d) the legal or regula<strong>to</strong>ry provisions <strong>an</strong>d other legal elements involved;<br />

(e) indications as exact <strong>an</strong>d comprehensive as possible on the natural or<br />

legal persons who are the subject of the investigations;<br />

(f) a summary of the relev<strong>an</strong>t facts <strong>an</strong>d of the enquiries already carried out.<br />

3. Requests shall be submitted in <strong>an</strong> official l<strong>an</strong>guage of the requested authority<br />

or in a l<strong>an</strong>guage acceptable <strong>to</strong> that authority. This requirement shall not apply <strong>to</strong><br />

<strong>an</strong>y documents that accomp<strong>an</strong>y the request under paragraph 1.<br />

4. If a request does not meet the formal requirements set out above, its<br />

correction or completion may be requested; in the me<strong>an</strong>time, precautionary<br />

measures may be ordered.<br />

ARTICLE 7<br />

Execution of requests<br />

1. In order <strong>to</strong> comply <strong>with</strong> a request for assist<strong>an</strong>ce, the requested authority shall<br />

proceed, <strong>with</strong>in the limits of its competence <strong>an</strong>d available resources, as though it<br />

were acting on its own account or at the request of other authorities of that same<br />

Party, by supplying information already possessed <strong>an</strong>d by carrying out appropriate<br />

enquiries or arr<strong>an</strong>ging for them <strong>to</strong> be carried out. This provision shall also apply <strong>to</strong><br />

<strong>an</strong>y other authority <strong>to</strong> which the request has been addressed by the requested<br />

authority in application of this Pro<strong>to</strong>col where the latter c<strong>an</strong>not act on its own.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!