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Asylum and Migration Management Regulation

CHAPTER I - GOVERNANCE IN THE MEMBER STATES - Section 1: COMPETENT AUTHORITIES

Article 30

Supervisory powers

1. Competent authorities shall have all supervisory, investigatory, corrective and sanctioning powers that are necessary for the exercise of the functions and tasks referred to in Article 29.

2. When carrying out supervisory activities in respect to Title IV, Chapter II, the competent authorities shall ensure coordination with the competent authorities designated pursuant to Article 8(1) of Directive 2022/2555 responsible for supervisory tasks of that Directive. Member States may empower competent authorities to delegate relevant supervisory activities and tasks as regards Title IV, Chapter II, of this Regulation, to the competent authorities established pursuant to Article 8(1) of Directive 2022/2555. The supervisory tasks pursuant to Directive 2022/2555 referred to in the first and second subparagraphs shall be exercised in a manner that fully preserves the integrity of the supervisory powers referred to in paragraph 1.

3. Competent authorities shall have at least the following investigative powers:

(a) to require the delivery of all necessary data and documents;

(b) to obtain access to premises, land and means of transport, including to any data processing equipment and means;

(c) to request proof of implementation of the requirements laid down in this Regulation and the underlying evidence;

(d) to review the technical assessments carried out by qualified technical bodies for space activities pursuant to Article 8;

(e) to carry out on-site and off-site inspections, including carrying out audits.

4. Where competent authorities carry out inspections, the officials authorised to carry out inspections shall be empowered to:

(a) enter any premise, land and means of transport of the respective Union space operators;

(b) examine the books and other business records, irrespective of the medium on which they are stored, access any information accessible to the Union space operators subject to the inspection, and take or request copies or extracts from those books or records;

(c) ask any representative or member of staff of the Union space operator subject to the inspection for explanations of facts and for documents which are in the remit of the subject-matter of the inspection, and record the answers;

(d) seal any business premise, books or records, for the duration of, and to the extent necessary for, the inspection.

5. Competent authorities shall have at least the following corrective powers:

(a) to issue warnings of alleged infringements of the requirements laid down in this Regulation;

(b) to order Union space operators to cease a conduct which the competent authorities deem to be contrary to the requirements laid down in this Regulation;

(c) to order Union space operators to ensure compliance in the manner and in the timeframe to be determined by the competent authorities;

(d) to order Union space operators to remedy the shortcomings identified by the competent authorities in relation to the application of the requirements laid down in this Regulation, including by applying corrective measures for infringements of the requirements laid down in this Regulation;

(e) to designate, for a determined period, a monitoring officer to oversee the process of bringing the conduct of Union space operators into compliance, as regards the requirements laid down in this Regulation.

6. Competent authorities shall have at least the following sanctioning powers:

(a) to impose or request a relevant administrative or judicial body to impose an administrative fine for non-compliance, or an administrative sanction in regard to an infringement of the requirements laid down in this Regulation;

(b) to temporarily suspend or request a relevant administrative or judicial body to temporarily suspend, in part or fully, the authorisation;

(c) to withdraw the authorisation to carry out space activities, when a Union space operator no longer fulfils the conditions under which an authorisation was issued, or when a Union space operator falls within a situation where, pursuant to national law, the authorisation shall be withdrawn. A temporary suspension imposed pursuant to point (b), shall be applied until the Union space operator concerned takes all the actions which are necessary to remedy the problems identified by the competent authority, or to fully comply with all the measures prescribed by the competent authority.

7. Competent authorities may, on their own initiative, decide to impose interim measures on Union space operators, notably in case of urgency, to comply with the requirements laid down in this Regulation.

8. Member States may provide by law that competent authorities shall have additional powers to those referred to in paragraphs 3 to 7. The exercise of those powers shall not impair the effective implementation of this Chapter.


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