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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 16 January 2023 - onwards
Version 2 of 2

Article 33 Supervisory and enforcement measures in relation to important entities

1. When provided with evidence, indication or information that an important entity allegedly does not comply with this Directive, in particular Articles 21 and 23 thereof, Member States shall ensure that the competent authorities take action, where necessary, through ex post supervisory measures. Member States shall ensure that those measures are effective, proportionate and dissuasive, taking into account the circumstances of each individual case.

2. Member States shall ensure that the competent authorities, when exercising their supervisory tasks in relation to important entities, have the power to subject those entities at least to:

(a) on-site inspections and off-site ex post supervision conducted by trained professionals;

(b) targeted security audits carried out by an independent body or a competent authority;

(c) security scans based on objective, non-discriminatory, fair and transparent risk assessment criteria, where necessary with the cooperation of the entity concerned;