Introductory provisions
section 1 of this Act contains provisions which complement
European Parliament and Council Regulation (EC) no 1227/2011 by
October 25, 2011 on the integrity and transparency of
wholesale markets for energy.
The regulation contains provisions on the prohibition of the
insider trading, the obligation to publish
inside information, the prohibition of market manipulation,
reporting requirements and supervision of wholesale markets
for energy.
section 2 for the purposes of this Act applies to the definitions
see Regulation (EU) no 1227/2011.
Criminal liability, etc.
paragraph 3, anyone who violates any of the prohibitions against insider trading in the
Article 3(1)(a) and (c) of Regulation (EU) no 1227/2011 is sentenced to
imprisonment of up to two years.
If the crime with respect to the scope and other
the circumstances are serious, shall be liable to a prison sentence of at least six
months and a maximum of four years.
If the crime is minor, shall be liable to a fine or imprisonment of up to
six months.
section 4 of The who negligently violates any of the prohibitions on
insider trading in article 3(1)(a) and (c) of Regulation (EU) no
1227/2011 is sentenced to a fine or imprisonment not exceeding one year. In
call transfer shall not be responsible.
5 § the contravenes the prohibition of disclosure of
insider information in article 3(1)(b) of Regulation (EU) no
1227/2011 is sentenced to a fine or imprisonment not exceeding one year.
If the information becomes publicly known simultaneously with the
divulged, is sentenced not to liability.
section 6 of the prohibition to engage in, or attempt to
conduct, market manipulation in article 5 of
Regulation (EU) no 1227/2011 is sentenced to imprisonment not exceeding two
year.
If the crime in view of the scale of market manipulation
or other circumstances, are considered to be aggravated, is sentenced to
imprisonment of not less than six months and not more than four years.
If the crime is minor, shall be liable to a fine or imprisonment of up to
six months.
section 7 of The who negligently violates the prohibition to conduct
market manipulation in article 5 of Regulation (EC) no
1227/2011 is sentenced to a fine or imprisonment not exceeding one year. In
call transfer shall not be responsible.
paragraph 8 of The reporting under article 15 of regulation
(EU) no 1227/2011 may not reveal to the reporting
relates or to any third party that reporting is
occurred.
§ 9 The reporting pursuant to article 15 of regulation
(EU) no 1227/2011 may not be held liable for breaking
against any confidentiality, if the reporter had
reason to expect that the reporting should be done.
10 § whoever intentionally or recklessly overrides
its reporting requirements under article 15 of regulation
(EU) no 1227/2011 or violate message prohibition under
§ 8 shall be liable to a fine.
section 11 of the exchanges of offences under paragraphs 3 to 7 shall be explained
forfeited, unless it is manifestly unfair.
Supervisory authority
section 12 of the supervisory authority is the authority that the Government appointed
According to Chapter 1. section 7 of the electricity Act (1997:857).
Functions and powers of the supervisory authority
paragraph 13 of the regulatory authority in carrying out the tasks of the
the national supervisory authority according to Regulation (EU) no
1227/2011 and monitors to
1. the regulation, delegated acts and implementing acts
adopted on the basis of the regulation is complied with, and
2. this law and the regulations issued in connection with
the law is followed.
section 14 of the supervisory authority shall notify the Prosecutor when the
reason to assume that a breach of the prohibitions of
Article 3 or 5 of Regulation (EC) no 1227/2011 has been committed.
The same applies in the case of infringement of
the reporting obligation of article 15 or violation of
Notice the prohibition under section 8.
section 15, in order to carry out its functions under section 13,
the supervisory authority shall submit to the
1. a company or another to provide
information, documents or other things,
2. are expected to be able to provide information on the matter to
appear for interrogation at the time and place as the authority
determines.
An order referred to in the first subparagraph 1 shall not refer to a
document whose content can be assumed to be such that a lawyer
or a lawyer's counsel may not be heard as a witness of
content and held by the lawyer or adviser or
the favour of the confidentiality terms.
An injunction under the first subparagraph shall be effective immediately, if the
anything else is not determined. The order may be subject to a penalty.
§ 16 supervisory authority, when it is necessary
conduct a study of a market participant.
section 17 of the one who is responsible or subject to
examination under this Act shall not impose unnecessary.
section 18 of the regulatory authority may inform the injunctions
needed to ensure that the provisions of Regulation (EU)
No 1227/2011 and implementing acts adopted on the basis
of the regulation is complied with.
An injunction under the first subparagraph shall be effective immediately, if the
anything else is not determined. The order may be subject to
liquidated damages.
Fees
19 § to finance supervisory tasks
According to this law, the market participants who are registered with the
the supervisory authority referred to in article 9 of Regulation (EU) no
1227/2011 pay fees. The Government may announce
regulations on such charges.
Appeal
section 20 of the regulatory authority's decision under this Act may
be appealed to the administrative court.
The regulatory authority's decision under section 14 shall not
subject to appeal.
Leave to appeal is required for an appeal to
the administrative court.