Common use of Monitoring and own-initiative investigations Clause in Contracts

Monitoring and own-initiative investigations. 4.1. The Secretariat may request that registrants amend their registrations where it has reason to believe that those registrations do not accurately provide the information specified in Annex II. 4.2. Where a request under point 4.1 is made, the Secretariat may suspend the registration concerned as a precaution. 4.3. Where the registrant concerned does not cooperate sincerely and constructively, the Secretariat may remove from the register a registration that is subject to a request under point 4.1. 4.4. The Secretariat may open an investigation on its own initiative in the light of information that a registrant may be ineligible. 4.5. Where the Secretariat opens an investigation on its own initiative, it shall notify the registrant concerned and ask the registrant to provide a reasoned response within 20 working days. 4.6. The Secretariat shall take into account any reasoned response received under point 4.5, gather any relevant information, and draft a report on its findings.. 4.7. Where the report finds that the registrant concerned is ineligible, the Secretariat shall notify the registrant accordingly. That notification may also contain: (a) instructions to remedy the ineligibility within 20 working days of receipt of the notification; and (b) a formal warning that measures may be imposed if the ineligibility is not remedied or recurs. 4.8. The Secretariat shall declare the registrant concerned eligible and close the investigation, where one of the following applies: (a) the investigation primarily concerns a suspected absence of covered activities and the registrant concerned demonstrates, within 20 working days of receipt of the notification under point 4.5, that they carry out covered activities; (b) the report finds that the registrant is eligible; (c) the registrant remedies the ineligibility after being notified under point (a) of point 4.7; (d) a formal warning under point (b) of point 4.7 is deemed sufficient. 4.9. The Secretariat shall declare the registrant concerned ineligible and close the investigation where the investigation primarily concerns a suspected absence of covered activities and the registrant concerned does not demonstrate, within 20 working days of receipt of the notification under point 4.5, that they carry out covered activities 4.10. The Secretariat shall declare the registrant concerned ineligible and close the investigation where the report referred to in point 4.6 finds that the registrant is ineligible and one of the following applies: (a) the registrant does not remedy the ineligibility after being notified under point (a) of point 4.7; (b) a formal warning under point (b) of point 4.7 is deemed insufficient. 4.11. Once the Secretariat has drafted its report, it shall provide the registrants concerned with a copy of that report upon request.

Monitoring and own-initiative investigations. 4.1. The Secretariat may request that registrants amend their registrations where it has reason to believe that those registrations do not accurately provide the information specified in Annex II. 4.2. Where a request under point 4.1 is made, the Secretariat may suspend the registration concerned as a precaution. 4.3. Where the registrant concerned does not cooperate sincerely and constructively, the Secretariat may remove from the register a registration that is subject to a request under point 4.1. 4.4. The Secretariat may open an investigation on its own initiative in the light of information that a registrant may be ineligible. 4.5. Where the Secretariat opens an investigation on its own initiative, it shall notify the registrant concerned and ask the registrant to provide a reasoned response within 20 working days. 4.6. The Secretariat shall take into account any reasoned response received under point 4.5, gather any relevant information, and draft a report on its findings... 4.7. Where the report finds that the registrant concerned is ineligible, the Secretariat shall notify the registrant accordingly. That notification may also contain: (a) instructions to remedy the ineligibility within 20 working days of receipt of the notification; and (b) a formal warning that measures may be imposed if the ineligibility is not remedied or recurs. 4.8. The Secretariat shall declare the registrant concerned eligible and close the investigation, where one of the following applies: (a) the investigation primarily concerns a suspected absence of covered activities and the registrant concerned demonstrates, within 20 working days of receipt of the notification under point 4.5, that they carry out covered activities; (b) the report finds that the registrant is eligible; (c) the registrant remedies the ineligibility after being notified under point (a) of point 4.7; (d) a formal warning under point (b) of point 4.7 is deemed sufficient. 4.9. The Secretariat shall declare the registrant concerned ineligible and close the investigation where the investigation primarily concerns a suspected absence of covered activities and the registrant concerned does not demonstrate, within 20 working days of receipt of the notification under point 4.5, that they carry out covered activities. L 207/16 Official Journal of the European Union 11.6.2021 EN 4.10. The Secretariat shall declare the registrant concerned ineligible and close the investigation where the report referred to in point 4.6 finds that the registrant is ineligible and one of the following applies: (a) the registrant does not remedy the ineligibility after being notified under point (a) of point 4.7; (b) a formal warning under point (b) of point 4.7 is deemed insufficient. 4.11. Once the Secretariat has drafted its report, it shall provide the registrants concerned with a copy of that report upon request.

Monitoring and own-initiative investigations. 4.1. The Secretariat may request that registrants amend their registrations where it has reason to believe that those registrations do not accurately provide the information specified in Annex annex II. 4.2. Where a request under point 4.1 is made, the Secretariat may suspend the registration concerned as a precaution. 4.3. Where the registrant concerned does not cooperate sincerely and constructively, the Secretariat may remove from the register a registration that is subject to a request under point 4.1. 4.4. The Secretariat may open an investigation on its own initiative in the light of information that a registrant may be ineligible. 4.5. Where the Secretariat opens an investigation on its own initiative, it shall notify the registrant concerned and ask the registrant to provide a reasoned response within 20 working days. 4.6. The Secretariat shall take into account any reasoned response received under point 4.5, gather any relevant information, and draft a report on its findings... 4.7. Where the report finds that the registrant concerned is ineligible, the Secretariat shall notify the registrant accordingly. That notification may also contain: (a) instructions to remedy the ineligibility within 20 working days of receipt of the notification; and (b) a formal warning that measures may be imposed if the ineligibility is not remedied or recurs. 4.8. The Secretariat shall declare the registrant concerned eligible and close the investigation, where one of the following applies: (a) the investigation primarily concerns a suspected absence of covered activities and the registrant concerned demonstrates, within 20 working days of receipt of the notification under point 4.5, that they carry out covered activities; (b) the report finds that the registrant is eligible; (c) the registrant remedies the ineligibility after being notified under point (a) of point 4.7; (d) a formal warning under point (b) of point 4.7 is deemed sufficient. 4.9. The Secretariat shall declare the registrant concerned ineligible and close the investigation where the investigation primarily concerns a suspected absence of covered activities and the registrant concerned does not demonstrate, within 20 working days of receipt of the notification under point 4.5, that they carry out covered activities. 4.10. The Secretariat shall declare the registrant concerned ineligible and close the investigation where the report referred to in point 4.6 finds that the registrant is ineligible and one of the following applies: (a) the registrant does not remedy the ineligibility after being notified under point (a) of point 4.7; (b) a formal warning under point (b) of point 4.7 is deemed insufficient. 4.11. Once the Secretariat has drafted its report, it shall provide the registrants concerned with a copy of that report upon request.