(1) In order to fulfil its tasks, the Market Transparency Unit shall have the powers conferred upon it pursuant to Sections 59, 59a and 59b in relation to natural and legal persons. In accordance with Section 47f, it may determine in respect of one, some or all of the persons and undertakings mentioned in Section 47e(1) the category of data and the timing and form of the data transfer for the areas set out in Section 47g. In accordance with Section 47f, the Market Transparency Unit shall have the power to amend the determination, where required, to the extent that this is necessary for the purpose of fulfilling its tasks. It may, in particular, stipulate that an online platform must be used to enter the requested information and reports. In accordance with Section 47f, the Market Transparency Unit may also stipulate that information and data be delivered to a third party assigned to collect data; however, the data shall be analysed and used by the Market Transparency Unit only. Sections 48 and 49 of the German Administrative Procedure Act [Verwaltungsverfahrensgesetz] shall remain unaffected. Sections 50f, 54, 56 to 58, 61(1) and (2), Sections 63, 64, 66, 67, 70, 73 to 80, 82a, 83, 85, 91 and 92 shall apply mutatis mutandis. In the case of decisions made by the Market Transparency Unit by setting determinations, service pursuant to Section 61 may be replaced by publication in the Federal Gazette. Section 55 of the German Code of Criminal Procedure shall apply mutatis mutandis to obligations to provide information under sentence 1 and reporting obligations under Section 47e.
(2) As a national market monitoring body pursuant to Article 7(2) subpara. 2 of Regulation (EU) No 1227/2011, the Market Transparency Unit also has the rights set out in Article 7(2) subpara. 1, (3) subpara. 2 sentence 2, Article 4(2) sentence 2, Article 8(5) sentence 1 and Article 16 of Regulation (EU) No 1227/2011. Subsection (1) shall apply mutatis mutandis.
(3) The Market Transparency Unit may request information on the outcome of investigations from the authority to which it has referred a suspected violation under Section 47b(7) sentence 1.