Powers of the Bundesanstalt with regard to the requirements of Regulation (EU) 2023/2631

(1) Where an issuer of a European Green Bond has failed to make a publication under Article 15(1) of Regulation (EU) 2023/2631, the Bundesanstalt may order that issuer to make the omitted publication without delay.
(2) Where an issuer of a European Green Bond has failed to include in the factsheet, under Article 10(1)(a) of Regulation (EU) 2023/2631, all the information required under Annex I of Regulation (EU) 2023/2631, the Bundesanstalt may order that the factsheet concerned be supplemented with the missing information.
(3) Where an issuer of a European Green Bond has failed to include in an allocation report, under Article 11(1) of Regulation (EU) 2023/2631, all the information required under Annex II of Regulation (EU) 2023/2631, the Bundesanstalt may order that the allocation report concerned be supplemented with the missing information.
(4) Where an issuer of a European Green Bond has failed to include in the impact report, under Article 12(1) of Regulation (EU) 2023/2631, all the information required under Annex III of Regulation (EU) 2023/2631, the Bundesanstalt may order that the impact report concerned be supplemented with the missing information.
(5) Where an issuer of a European Green Bond has failed to inform the Bundesanstalt, under Article 15(4) of Regulation (EU) 2023/2631, of the publication of a document named in Article 15(1), first sentence of Regulation (EU) 2023/2631, the Bundesanstalt may order the bond issuer to provide the notification without delay, having regard to the requirements in section 22(4).
(6) Where an issuer of a bond marketed as environmentally sustainable has disclosed information using the common templates within the meaning of Article 21(1), first sentence of Regulation (EU) 2023/2631, and in doing so has not disclosed all the information required under Article 21(2) of Regulation (EU) 2023/2631 in conjunction with the delegated act issued under Article 21(4), first sentence of Regulation (EU) 2023/2631, the Bundesanstalt may order the issuer to include the missing information in its disclosures.
(7) Where an issuer of a sustainability-linked bond has disclosed information using common templates within the meaning of Article 21(1), first sentence of Regulation (EU) 2023/2631, and in doing so has not disclosed all the information required under Article 21(3) of Regulation (EU) 2023/2631 in conjunction with the delegated act issued under Article 21(4), first sentence of Regulation (EU) 2023/2631, the Bundesanstalt may order the issuer to include the missing information in its disclosures.
(8) The Bundesanstalt may require anyone to provide information, to produce information and documents, and to hand over copies, insofar as this is necessary to monitor compliance with the obligations of an issuer of a European Green Bond under Title II, Chapter 2, Article 18 or Article 19 of Regulation (EU) 2023/2631, and, for issuers making use of the common templates provided for in Article 21 of Regulation (EU) 2023/2631, with regard to compliance with those templates. These must be transmitted electronically on its request. Where the person under the duty has access to the Bundesanstalt's reporting and publication system, it may require transmission by that means. The Bundesanstalt may further require transmission in a format it specifies.
(9) Where the Bundesanstalt has indications that the issuer is infringing provisions of Title II, Chapter 2 or Article 18 or 19 of Regulation (EU) 2023/2631, it may order that a public offer of the European Green Bond concerned be suspended for a maximum of ten consecutive working days at a time. The period set under the first sentence begins with notification of the decision.
(10) Where an issuer of a European Green Bond infringes the provisions of Title II, Chapter 2, Article 18 or Article 19 of Regulation (EU) 2023/2631, or where the Bundesanstalt has indications that an issuer of a European Green Bond is infringing provisions of Title II, Chapter 2 or Article 18 or 19 of Regulation (EU) 2023/2631, it may prohibit a public offer of the European Green Bond concerned.
(11) The Bundesanstalt must prohibit a public offer of a European Green Bond where no factsheet was published for the bond contrary to Article 10(1) in conjunction with Article 15(1), first sentence, point (a) of Regulation (EU) 2023/2631.
(12) Where indications exist of an infringement of the provisions of Title II, Chapter 2, Article 18 or Article 19 of Regulation (EU) 2023/2631, the Bundesanstalt may prohibit the advertising, or suspend it for a maximum of ten consecutive working days at a time, or order that it be discontinued, or be suspended for a maximum of ten consecutive working days at a time. The period set under the first sentence begins with notification of the decision.
(13) The Bundesanstalt may publicly announce on its website that an issuer of a European Green Bond is not complying, or is only incompletely complying, with its obligations under Regulation (EU) 2023/2631, or that indications to that effect exist. The Bundesanstalt may order that the issuer of a European Green Bond announce on its own website that it is not complying, or is only incompletely complying, with its obligations under Regulation (EU) 2023/2631, or that indications to that effect exist. A request for information and production under paragraph 8 must state the power under the first and second sentences. The announcement may contain only such personal data as are necessary to identify the issuer. Where a measure is not yet final and binding, the following notice must be added: "This measure is not yet final and binding." Where a legal remedy has been lodged against the measure, the status and outcome of the appeal proceedings must be made public. The announcement must be deleted at the latest after five years. The Bundesanstalt shall refrain from making an announcement where the announcement would significantly endanger the financial markets of the Federal Republic of Germany or of one or more states of the European Economic Area. It may also refrain from making an announcement where an announcement could have adverse effects on the conduct of criminal, regulatory-fine or disciplinary investigations.
(14) The Bundesanstalt may prohibit an issuer of a European Green Bond from issuing European Green Bonds for a period of up to one year, where that issuer has repeatedly or seriously infringed Title II, Chapter 2, Article 18 or Article 19 of Regulation (EU) 2023/2631.
(15) The Bundesanstalt may, after a period of three months has elapsed following an announcement under paragraph 13, publicly announce on its website that the bond identified in the announcement does not, or no longer, satisfy the requirements of Article 3 of Regulation (EU) 2023/2631, and that the bond may not, or may no longer, be designated as a "European Green Bond", or in any other manner suggesting that the requirements of Article 3 of Regulation (EU) 2023/2631 are satisfied. The Bundesanstalt may order that the issuer publish the Bundesanstalt's announcement under the first sentence on its own website. The announcement under the first sentence may contain only such personal data as are necessary to identify the issuer. The announcement must be deleted at the latest after five years. The Bundesanstalt shall refrain from making an announcement where the announcement would significantly endanger the financial markets of the Federal Republic of Germany or of one or more states of the European Economic Area. It may also refrain from making an announcement where an announcement could have adverse effects on the conduct of criminal, regulatory-fine or disciplinary investigations.
(16) Staff of the Bundesanstalt may search business premises to inspect documents and data of whatever form, where this is necessary for the performance of their tasks under Article 44 of Regulation (EU) 2023/2631 and there is reasonable suspicion that documents and other data exist in connection with the subject matter of the relevant review or investigation that may serve as evidence of an infringement of Regulation (EU) 2023/2631. The fundamental right under Article 13 of the Basic Law is restricted to that extent. In the course of the search, staff of the Bundesanstalt may seize objects that may be significant as evidence for investigating the facts. Where the objects are in the custody of a person and are not voluntarily surrendered, staff of the Bundesanstalt may confiscate them. Searches and confiscations must be ordered by a judge, except where there is danger in delay. The Frankfurt am Main Local Court has jurisdiction. An appeal (Beschwerde) lies against the judicial decision. Sections 306 to 310 and 311a of the Code of Criminal Procedure apply accordingly. Section 98(2) of the Code of Criminal Procedure applies accordingly to confiscations without judicial order. The Frankfurt am Main Local Court has jurisdiction for the subsequently obtained judicial decision. A record must be made of the search. It must in particular state the responsible office, the reason, time and place of the search, and its outcome.
(17) The Bundesanstalt may transmit data, including personal data, to the management of the stock exchange and the admissions office, where facts give rise to a suspicion that provisions of Regulation (EU) 2023/2631 have been infringed, and the data are necessary for the performance of tasks falling within the responsibility of the management of the stock exchange or the admissions office.
(18) A person obligated under paragraph 8 to provide information may refuse to answer questions where answering them would expose that person, or a relative within the meaning of section 383(1) nos. 1 to 3 of the Code of Civil Procedure, to the risk of criminal prosecution or of proceedings under the Act on Regulatory Offences. The person under the duty must be advised of the right to refuse to provide information.
(19) Paragraphs 1 to 18 do not apply as against issuers of European Green Bonds falling under Article 1(2)(b) and (d) of Regulation (EU) 2017/1129.