Tasks and powers of the exchange supervisory authority for implementing Regulation (EU) 2015/2365

(1) The exchange supervisory authority monitors compliance by the exchange and the exchange operator with the prohibitions and requirements of Regulation (EU) 2015/2365 and may issue orders that are suitable and necessary to prevent infringements of Articles 4 and 15 of Regulation (EU) 2015/2365 and of the delegated acts and implementing acts of the European Commission adopted on the basis of Article 4, in their respective current version, or to eliminate irregularities. The exchange supervisory authority monitors compliance by the exchange and the exchange operator with the prohibitions and requirements of Regulation (EU) 2022/2554 and may issue orders that are suitable and necessary to prevent infringements of Regulation (EU) 2022/2554 and of the delegated acts and implementing acts of the European Commission adopted on its basis, in their respective current version, or to eliminate irregularities. To perform these tasks, the exchange supervisory authorities have the powers under Article 50 of Regulation (EU) 2022/2554 in conjunction with section 3 of this Act. The exchange supervisory authority and the Deutsche Bundesbank cooperate in performing the tasks under Articles 26 and 27 of Regulation (EU) 2022/2554. The Deutsche Bundesbank performs the operational tasks under Articles 26 and 27 of Regulation (EU) 2022/2554. Section 7(3) and (4) of the Banking Act applies accordingly.
(2) In the case of infringements of the provisions named in subsection (1) and of orders of the exchange supervisory authority relating to them, the exchange supervisory authority may require the permanent discontinuation of the conduct or behaviour constituting the infringement. Where a person active at the exchange or the exchange operator wilfully infringes one of the provisions named in subsection (1), or an order of the exchange supervisory authority relating to those provisions, and continues that conduct despite a warning by the exchange supervisory authority, the exchange supervisory authority may prohibit that person from exercising management functions at exchanges or exchange operators for a period of up to two years.