CHAPTER II

PROCEDURES FOR INVESTIGATIONS

Inspections
Article 5
1
The Commission officials and other accompanying persons authorised by the Commission to conduct an inspection shall be empowered to:
a
enter any premises of the entity concerned;
b
accede all records and accounts of the entity concerned, irrespective of the medium on which they are stored;
c
take or obtain any form of copy or extract of any records and accounts;
d
seal any records and accounts to the extent and for the period of time necessary to compile the factual evidence for the investigation while not hampering the essential activities of the entity concerned;
e
ask any representative or member of staff of the entity concerned for explanations on facts or documents relating to the subject matter and purpose of the inspection, under the conditions laid down in Article 4.
2
The Commission officials and other accompanying persons authorised by the Commission to conduct an inspection shall present a written authorisation specifying the subject matter and purpose of the inspection, stating the date on which the inspection begins.
3
The entity concerned shall fully cooperate with the Commission for the purposes of the inspection.
4
Staff members of statistical authorities of the Member State concerned shall, at the request of the Commission, actively assist the officials and other accompanying persons authorised by the Commission. To this end, they shall enjoy the powers specified in paragraph 1.
5
Where the Commission officials and other accompanying persons authorised by the Commission find that an entity opposes an inspection ordered pursuant to this Article, the Member State concerned shall provide them the necessary assistance according to national rules.
6
If, by national rules, the authorisation from a judicial authority is necessary for the conduct of the inspection, such authorisation shall be applied for by the Commission. In those cases the authorisation from a judicial authority shall be presented along with the written authorisation referred to in paragraph 2.