Supervision of short selling; authorisation to issue statutory instruments

(1) The Bundesanstalt is the competent authority within the meaning of Regulation (EU) No 236/2012. Section 15(7) of the Stock Exchange Act remains unaffected. Insofar as Regulation (EU) No 236/2012 does not provide otherwise, the provisions of Parts 1 and 2 of this Act, other than section 18(7), fifth to eighth sentences, section 21(1), third sentence, and section 22, apply correspondingly.
(2) The Bundesanstalt exercises the powers conferred on it under subsection (1), first sentence, in conjunction with Regulation (EU) No 236/2012, insofar as necessary for the performance of its tasks and for monitoring compliance with the obligations laid down in Regulation (EU) No 236/2012. For the purposes of Article 9(4), second sentence of Regulation (EU) No 236/2012, the Bundesanstalt supervises the relevant websites of the Federal Gazette.
(3) An objection and an action for rescission against measures of the Bundesanstalt under subsection (2), including in connection with Regulation (EU) No 236/2012, have no suspensive effect.
(4) The Federal Ministry of Finance may, by statutory instrument not requiring the consent of the Bundesrat, adopt further provisions on
1. the nature, scope and form of notifications and publications of net short positions under Articles 5 to 8 of Regulation (EU) No 236/2012,
2. the supervision of the websites of the Federal Gazette for the purposes of Article 9(4), second sentence of Regulation (EU) No 236/2012, and
3. the nature, scope and form of the notifications, transmissions and communications under Article 17(5), (6) and (8) to (10) of Regulation (EU) No 236/2012.
The Federal Ministry of Finance may transfer the authorisation under the first sentence, by statutory instrument not requiring the consent of the Bundesrat, to the Bundesanstalt.