S.L. 345.29 · Financial Markets Act (Green Bonds) (S.L. 345.29)
S.L. 345.29 Art. 4Powers of the competent authority.
(1) Without prejudice to any other power conferred upon it by the Act, these regulations, the Green Bonds Regulation or any other applicable law, the competent authority shall have the following powers:
(a) to require issuers to publish the European Green Bond factsheets referred to in Article 10 of the Green Bonds Regulation or to include in those factsheets the information referred to in Annex I of the Green Bonds Regulation;
(b) to require issuers to publish reviews and assessments;
(c) to require issuers to publish annual allocation reports or include in annual allocation reports the information referred to in Annex II of the Green Bonds Regulation;
(d) to require issuers to publish an impact report or include in the impact report the information referred to in Annex III of the Green Bonds Regulation;
(e) to require issuers to notify the competent authority of the publication in accordance with Article 15(4) of the Green Bonds Regulation;
(f) where issuers use the common templates provided for in Article 21 of the Green Bonds Regulation, to require those issuers to include the elements referred to therein in their periodic post-issuance disclosures;
(g) to require auditors and the senior management of the issuer to provide relevant information and documents;
(h) to suspend an offer or admission to trading on a regulated market of European Green Bonds for a maximum of ten (10) consecutive working days on any single occasion where there are reasonable grounds for suspecting that the issuer has failed to comply with an obligation pursuant to Articles 10 to 15a, or Articles 18 or 19 of the Green Bonds Regulation;
(i) to prohibit an offer or admission to trading on a regulated market of European Green Bonds where there are reasonable grounds for suspecting that the issuer continues to fail to comply with an obligation pursuant to Articles 10 to 15a, or Articles 18 or 19 of the Green Bonds Regulation;
(j) to suspend advertisements for a maximum of ten
(10) consecutive working days, or require issuers of European Green Bonds or financial intermediaries concerned to suspend advertisements for a maximum of ten (10) consecutive working days on any single occasion where there are reasonable grounds for suspecting that the issuer has failed to comply with an obligation pursuant to Articles 10 to 15a, or Articles 18 or 19 of the Green Bonds Regulation;
(k) to prohibit advertisements, or require issuers of European Green Bonds or financial intermediaries concerned to cease advertisements where there are reasonable grounds for suspecting that the issuer continues to fail to comply with an obligation pursuant to Articles 10 to 15a, or Articles 18 or 19 of the Green Bonds Regulation;
(l) to make public the fact that an issuer of European Green Bonds fails to comply with the Green Bonds Regulation, and to require that issuer to publish that information on its website;
(m) to prohibit an issuer from issuing European Green Bonds for a period not exceeding one (1) year in the event that an issuer has repeatedly and severely infringed Articles 10 to 15a, or Articles 18 or 19 of the Green Bonds Regulation;
(n) following a three (3) month period after the requirement referred to in paragraph (l), to make public the fact that the issuer of European Green Bonds no longer complies with Article 3 of the Green Bonds Regulation as regards the use of the designation "European Green Bond" or "EuGB", and to require such issuer to publish that information on its website;
(o) to carry out on-site inspections or investigations at sites other than the private residences of natural persons, and for that purpose to enter premises in order to access documents and other data in any form, where a reasonable suspicion exists that documents and other data related to the subject matter of the inspection or investigation may be relevant to prove an infringement of the Green Bonds Regulation.
(2) Pursuant to these regulations and the Green Bonds Regulation, a person making information available to the competent authority shall not be considered to be infringing any restriction on the disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not be subject to liability of any kind for making such information available to the competent authority.
Verweist auf
- S.L. 345.29 Art. 10
- S.L. 345.29 Art. 15
- S.L. 345.29 Art. 18
- S.L. 345.29 Art. 21
- S.L. 345.29 Art. 3