1. National regulatory authorities shall ensure that the prohibitions set out in Articles 3 and 5 and the obligation set out in Article 4 are applied.
Each Member State shall ensure that its national regulatory authorities have the investigatory and enforcement powers necessary for the exercise of that function by 29 June 2013. Those powers shall be exercised in a proportionate manner.
Those powers may be exercised:
(a)
directly;
(b)
in collaboration with other authorities; or
(c)
by application to the competent judicial authorities.
Where appropriate, the national regulatory authorities may exercise their investigatory powers in collaboration with organised markets, trade-matching systems or other persons professionally arranging transactions as referred to in point (d) of Article 8(4).
2. The investigatory and enforcement powers referred to in paragraph 1 shall be limited to the aim of the investigation. They shall be exercised in conformity with national law and include the right to:
(a)
have access to any relevant document in any form, and to receive a copy of it;
(b)
demand information from any relevant person, including those who are successively involved in the transmission of orders or conduct of the operations concerned, as well as their principals, and, if necessary, the right to summon and hear any such person or principal;
(c)
carry out on-site inspections;
(d)
require existing telephone and existing data traffic records;
(e)
require the cessation of any practice that is contrary to this Regulation or delegated acts or implementing acts adopted on the basis thereof;
(f)
request a court to freeze or sequester assets;
(g)
request a court or any competent authority to impose a temporary prohibition of professional activity.