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Article 61

Mutual assistance

  1. Supervisory authorities shall provide each other with relevant information and mutual assistance in order to implement and apply this Regulation in a consistent manner, and shall take measures to cooperate effectively with each other. In particular, mutual assistance shall cover information requests and supervisory measures, such as requests for prior authorization and consultations, inspections and investigations.

  1. Each supervisory authority shall take all appropriate measures necessary to respond to a request from another supervisory authority without delay and, at the latest, within one month of its receipt. This may include, in particular, the transmission of relevant information on the conduct of an investigation.

  1. Requests for assistance shall contain all necessary information, including the purpose of and reasons for the request. Information exchanged shall be used only for the purpose for which it was requested.

  1. The supervisory authority to which a request for assistance is directed shall refuse the request only if:

  • it does not have jurisdiction over the subject matter of the request or the measures it is asked to implement; or

  • the request violates this Regulation or Union or Member State law applicable to the supervisory authority receiving the request.

  1. The requested supervisory authority shall inform the requesting supervisory authority of the results or, where appropriate, of the progress of the measures taken in response to the request. If the requested supervisory authority refuses the request pursuant to paragraph 4, it shall explain the reasons.

  1. Supervisory authorities to whom the request is addressed shall, as a rule, communicate the information requested by other supervisory authorities by electronic means using a standard form.

  1. Measures taken by requested supervisory authorities pursuant to a request for mutual assistance shall be free of charge. Supervisory authorities may agree rules to reimburse each other for specific expenses arising from the provision of mutual assistance in exceptional circumstances.

  1. Where a supervisory authority does not provide the information referred to in paragraph 5 of this Article within one month of receiving the request from another supervisory authority, the requesting supervisory authority may take a provisional measure on the territory of its Member State in accordance with Article 55(1). In such a case, urgent action shall be deemed necessary in accordance with Article 66(1) and shall require an urgent binding decision of the Committee in accordance with Article 66(2).

  1. The Commission may, by means of implementing acts, lay down the format and procedures for mutual assistance referred to in this Article and the arrangements for the exchange of information by electronic means between supervisory authorities and between supervisory authorities and the Committee, including the standard form referred to in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).