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Co-operation between Commission and Coimisiún na Meán
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45. (1) The Commission may enter into an agreement (in this section referred to as a “co operation agreement”) with Coimisiún na Meán for the purposes of—
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(a) facilitating co-operation between the Commission and Coimisiún na Meán in the performance of their respective functions in so far as they relate to the Digital Services Regulation,
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(b) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Commission and Coimisiún na Meán in so far as any part of those decisions or steps relates to the Digital Services Regulation, and
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(c) enabling the Commission to be consulted in relation to any decisions relating to the Digital Services Regulation made by Coimisiún na Meán.
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(2) A co-operation agreement shall include provisions—
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(a) enabling each party to furnish to the other party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions in so far as the functions relate to the Digital Services Regulation,
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(b) enabling each party to forbear to perform any of their respective functions in so far as the functions relate to the Digital Services Regulation in circumstances where it is satisfied that the other party is performing functions in relation to that Regulation, and
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(c) requiring each party to consult with the other party before performing any functions relating to the Digital Services Regulation in circumstances where the respective exercise by each party of the functions concerned involves the determination of issues relating to the Digital Services Regulation that are identical to one another or are within the same category of such an issue, being a category specified in the co-operation agreement.
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(3) A co-operation agreement may be varied by the Commission and Coimisiún na Meán.
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(4) The Commission shall, within one month after the agreement (or the variation of it) has been made, furnish the Minister with a copy of a co-operation agreement (including any variation of such an agreement) that has been made.
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(5) A co-operation agreement, or any variation made to it, shall be in writing and, as soon as is practicable after the agreement or variation has been made and furnished to the Minister, the Commission may publish the agreement on a website maintained by it.
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(6) Without prejudice to subsection (7), nothing in any enactment shall be read as preventing the provisions of a co-operation agreement from having effect in accordance with their terms.
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(7) If information is furnished by one party to the other party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (2)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.
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(8) A failure by the Commission or Coimisiún na Meán to comply with a provision of a co-operation agreement shall not invalidate the exercise by the Commission or Coimisiún na Meán of any power.
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