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Part 1 · Restraints of Competition  ›  Division 1 · Market Transparency Unit for Electricity and Gas Wholesale Trading › Section 47i

Cooperation with Other Authorities and Supervisory Entities

(1) In carrying out the tasks of the Market Transparency Unit pursuant to Section 47b, the Bundeskartellamt and the Bundesnetzagentur shall cooperate with the following authorities:

1.  the German Federal Financial Supervisory Authority [Bundesanstalt für Finanzdienstleistungsaufsicht]

2.  the exchange supervisory authorities and trading surveillance offices of the exchanges on which electricity and gas as well as energy derivatives within the meaning of Section 3 no 15a of the German Energy Industry Act are traded,

3.  the Agency for the Cooperation of Energy Regulators and the European Commission, to the extent that they perform tasks under Regulation (EU) No 1227/2011, and

4.  regulatory authorities of other Member States.

Irrespective of the relevant procedure chosen in a given case, these entities may exchange information, including personal data as well as trade and business secrets, to the extent this is necessary for the purpose of fulfilling their respective tasks. They may use this information for their procedures. Prohibitions on the use of evidence shall remain unaffected. Provisions concerning legal assistance in criminal matters as well as agreements on administrative and legal assistance shall remain unaffected.

(2) Subject to the consent of the Federal Ministry for Economic Affairs and Energy, the Market Transparency Unit may enter into cooperation agreements with the Federal Financial Supervisory Authority, the exchange supervisory authorities and trading surveillance offices of the exchanges on which electricity and gas as well as energy derivatives within the meaning of Section 3 no 15a of the German Energy Industry Act are traded, and with the Agency for the Cooperation of Energy Regulators.

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