Recital 36 (Omnibus) Cooperation for the protection of fundamental rights*

1Article 77 and related provisions of Regulation (EU) 2024/1689 constitute an important governance mechanism, as they aim to enable authorities or bodies responsible for enforcing or supervising Union law intended to protect fundamental rights to fulfil their mandate under specific conditions and to foster cooperation with market surveillance authorities responsible for the supervision and enforcement of that Regulation. 2It is necessary to clarify the scope of such cooperation, as well as to clarify which public authorities or bodies benefit from it. 3With a view to reinforcing cooperation, it should be clarified that requests to access information and documentation should be made to the competent market surveillance authority, which should respond to such requests without undue delay, and that the authorities or bodies involved should have a mutual obligation to cooperate. 4It should be clarified that these provisions are without prejudice to the competences, tasks, powers and independence of the relevant national public authorities or bodies under their mandates. 5In particular, those provisions do not limit any powers that those authorities and bodies have to request information pursuant to other Union or national law. 6Accordingly, those authorities and bodies retain any power they have to directly request information from operators pursuant to their mandate or Union or national law.

* This title is an unofficial description.