Article 10Peer review procedure

1.

The Commission, acting in cooperation with the Member States and the Agency may arrange peer reviews of national supervisory authorities in accordance with paragraphs 2 to 6.

2.

A peer review shall be carried out by a team of national experts and, where appropriate, observers from the Agency.

A team shall be comprised of experts coming from at least three different Member States and the Agency.

Experts shall not participate in peer reviews in the Member State where they are employed.

The Commission shall establish and maintain a pool of national experts, designated by Member States, which shall cover all aspects of the common requirements as listed in Article 6 of Regulation (EC) No 550/2004.

3.

Not less than three months before a peer review, the Commission shall inform the Member State and the national supervisory authority concerned of the peer review, the date on which it is scheduled to take place and the identity of the experts taking part in it.

The Member State whose national supervisory authority is subject to review shall approve the team of experts before it may carry out the review.

4.

Within a period of three months from the date of the review, the review team shall draw up, by consensus, a report which may contain recommendations.

The Commission shall convene a meeting with the Agency, the experts and the national supervisory authority to discuss that report.

5.

The Commission shall forward the report to the Member State concerned.

The Member State may, within three months from the date of receipt of the report, present its observations.

Those observations shall include, where relevant, the measures which the Member State has taken or intends to take to respond to the review within a given timescale.

Unless otherwise agreed with the Member State concerned, the report and the follow-up shall not be published.

6.

The Commission shall inform the Member States through the Single Sky Committee of the main findings of these reviews on an annual basis.