Powers and measures against supervised contributors and users of indices within the meaning of Regulation (EU) 2016/1011

(1) The supervisory authority may summon and examine persons who are involved in, or contribute to, the provision of a benchmark within the meaning of Regulation (EU) 2016/1011, insofar as this is necessary, on the basis of indications, for monitoring compliance with a prohibition or requirement of Regulation (EU) 2016/1011. Statutory rights to refuse information or testimony, and statutory duties of confidentiality, remain unaffected.
(2) The supervisory authority may require supervised undertakings within the meaning of Article 3(1), point 17, of Regulation (EU) 2016/1011 to surrender existing 1. recordings of telephone conversations, 2. electronic communications, or 3. traffic data within the meaning of section 3, point 70, of the Telecommunications Act, in their possession, insofar as this is necessary, on the basis of indications, for monitoring compliance with a prohibition or requirement under Article 16(1) to (4), Article 23(3), first sentence, (5), (6), and (10), Article 28(2), and Article 29 of Regulation (EU) 2016/1011. The privacy of correspondence, posts, and telecommunications under Article 10 of the Basic Law is restricted to this extent.
(3) In the event of a breach of the provisions of Regulation (EU) 2016/1011, and of the delegated acts and implementing acts of the European Commission issued on its basis, the supervisory authority may, to prevent further breaches, require the discontinuation of the acts or conduct constituting the breach, for a period of up to two years.
(4) The supervisory authority may apply for the seizure of assets, insofar as this is required to enforce the prohibitions and requirements of Regulation (EU) 2016/1011. Measures under the first sentence must be ordered by the judge. The Frankfurt am Main Local Court has jurisdiction. An appeal (Beschwerde) is admissible against a judicial decision; sections 306 to 310 and 311a of the Code of Criminal Procedure apply correspondingly.
(5) The supervisory authority may make orders that are suitable and necessary to enforce the prohibitions and requirements of Regulation (EU) 2016/1011, and of the delegated acts and implementing acts of the European Commission issued on its basis. In particular, it may 1. require from contributors active on spot markets who, in doing so, provide data for producing a commodity benchmark, information and the reporting of transactions, insofar as this is necessary for monitoring compliance with the requirements and prohibitions of Regulation (EU) 2016/1011 in respect of these commodity benchmarks; 2. in the event of a breach of Articles 16, 23(3), first sentence, (5), (6), and (10), Article 28(2), and Article 29 of Regulation (EU) 2016/1011, or of an order of the supervisory authority that has been issued and is enforceable in connection with an investigation into compliance with the duties under this Regulation under subsection (1) or (2), a) require from a supervised undertaking within the meaning of Article 3(1), point 17, of this Regulation a permanent discontinuation of the acts or conduct constituting the breach, and prevention of their repetition; b) publish, in respect of a supervised undertaking within the meaning of Article 3(1), point 17, of this Regulation, a warning naming the natural or legal person or association of persons that committed the breach, and the nature of the breach; section 319a(3) and (5) applies correspondingly; c) prohibit a person, for a period of up to two years, from performing management functions at an administrator or supervised contributor, where that person committed the breach intentionally and continues the conduct despite a warning from the supervisory authority.