Article 51

On-site inspections in the Union

1. The Commission and the Agency may carry out all necessary on-site inspections at any of the business premises, land or property of the Union space operators of Union owned-assets, as well any of the business premises, land or property of the space services providers referred to in Article 48(1), points (b) and (c), located in the Union.

2. The inspections referred to in paragraph 1 shall be carried out on the basis of the decisions of the Commission and the Agency respectively, to carry out an on-site investigation. That decision shall designate the authorised officers of the Commission and the Agency and other persons authorised by the Commission and the Agency to conduct an inspection. It shall specify the purpose, the subject matter and the date of the inspection. It shall include the reference to the fines and the periodic penalty payments provided for in Article 56(1), for cases where the persons concerned do not submit to inspection, as well as to the possibility to have that decision reviewed by the Court of Justice and the legal remedies available under Article 47.

3. The officers of the Commission and the Agency and other persons authorised to conduct an on-site inspection, in accordance with paragraph 2, second subparagraph, may enter any of the business premises, land or property of the Union space operators of Union owned-assets, and of the space services providers referred to in Article 48(1), points (b) and (c), respectively. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection.

4. In sufficient time before the inspection, the Commission and the Agency shall give notice to the competent authority of the Member State where that inspection is to be carried out. Inspections shall be carried out if the relevant authority has raised no objections. The officers referred to in paragraph 2, second subparagraph, shall exercise their powers upon production of the decision referred to in paragraph 2, first subparagraph.

5. Union space operators of Union owned assets and space services providers referred to in Article 48(1), points (b) and (c), respectively, shall submit to the on-site inspections ordered by decision of the Agency and the Commission.

6. The officers of the competent authority of the Member State where the inspection is to be carried out and the persons authorised by such competent authorities shall, at the request of the Commission or the Agency, assist the officers referred to in paragraph 2, second subparagraph. The officials of the competent authorities may also attend the on-site inspections, upon request.

7. The Commission and the Agency may require the competent authorities to carry out specific investigatory tasks and on-site inspections, as provided for in this Article and in Article 50, on their behalf. To that end, the competent authorities shall enjoy at least the same powers as those set out in this Article and in Article 50.

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