+Article 15 Obligations of persons professionally arranging or executing transactions
---+Article 15 1.
---+Article 15 2.
---+Article 15 3.
---+Article 15 4.
---+Article 15 5.
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Article 15 Obligations of persons professionally arranging or executing transactions
1. Prezentare generală
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Reglementare |
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Article 15 1.
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Any person professionally arranging transactions in wholesale energy products who reasonably suspects that an order to trade or a transaction, including any cancellation or modification thereof, whether placed on or outside an OMP, could breach Article 3, 4 or 5, shall notify the Agency and the relevant national regulatory authority without further delay and in any event no later than four weeks from the day on which that person becomes aware of the suspicious event.
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Article 15 2.
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Any person professionally executing transactions under Article 16 of Regulation (EU) No 596/2014 who also executes transactions in wholesale energy products that are not financial instruments, and who reasonably suspects that an order to trade or a transaction, including any cancellation or modification thereof, whether placed on or outside an OMP, could breach Article 3, 4 or 5 of this Regulation, shall notify the Agency and the relevant national regulatory authority without further delay and in any event no later than four weeks from the day on which that person becomes aware of the suspicious event.
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Article 15 3.
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The persons referred to in paragraphs 1 and 2 shall establish and maintain effective arrangements, systems and procedures to:
(a)
identify potential breaches of Article 3, 4 or 5;
(b)
guarantee that their employees carrying out surveillance activities for the purpose of this Article are preserved from any conflict of interest and act in an independent manner;
(c)
detect and report suspicious orders and transactions.
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Article 15 4.
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Without prejudice to Regulation (EU) No 596/2014, persons professionally arranging or executing transactions shall be subject to the rules of notification of the Member States in which the market participant involved in the potential breach is registered and where the wholesale energy product is delivered. Such notification shall be addressed to the national regulatory authorities of those Member States.
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Article 15 5.
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By 8 May 2025 and every year thereafter, the Agency shall, in cooperation with national regulatory authorities, issue and make public a report with aggregated information in compliance with applicable data protection law, excluding commercially sensitive information, on the implementation of this Article, in particular with regard to:
(a)
the arrangements, systems and procedures referred to in paragraph 3 and their effectiveness;
(b)
the national regulatory authorities’ analysis of suspicious transactions, response to poor quality reporting and non-reporting of suspicious transactions and related activities with regard to enforcement and penalties.
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1.1 Referințe
1.2 Cerințe identificate
1.3 Standarde asociate
2. Cerințe identificate
3. Standarde asociate
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