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Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (Text with EEA relevance)
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There are currently no known outstanding effects by UK legislation for Regulation (EU) No 1227/2011 of the European Parliament and of the Council, Article 16.![]()
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1.F2...
[F3The GB Authority and the NI Authority must cooperate with each other, and may, if they consider it expedient to do so, cooperate with the Agency and national regulatory authorities of member States], for the purpose of carrying out their duties in accordance with this Regulation.
[F4The national regulatory authority, the FCA and the CMA] may establish appropriate forms of cooperation in order to ensure effective and efficient investigation and enforcement and to contribute to a coherent and consistent approach to investigation, judicial proceedings and to the enforcement of this Regulation and relevant financial and competition law.
2.F5...
Where [F6the national] regulatory authority suspects that acts which affect wholesale energy markets or the price of wholesale energy products in [F7the United Kingdom] are being carried out in [F8a member] State, it may request the Agency to take action in accordance with paragraph 4 of this Article [F9(as it applies in EU law)] and, if the acts affect [F10relevant financial instruments], in accordance with paragraph 3 of this Article [F9(as it applies in EU law)].
3.In order to ensure a coordinated and consistent approach to market abuse on wholesale energy markets:
(a)[F11the national regulatory authority must inform the FCA where it has] reasonable grounds to suspect that acts are being, or have been, carried out on wholesale energy markets which constitute market abuse within the meaning of [F12the Market Abuse Regulation and which affect relevant financial instruments];
F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)[F15the national regulatory authority must inform the CMA where it has] reasonable grounds to suspect that acts are being, or have been, carried out on wholesale energy market which are likely to constitute a breach of competition law.
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Textual Amendments
F1Words in Art. 16 heading omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 16(1) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 16(1) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 16(1) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 16(2) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 16(2) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 16(2) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 16(2) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(4)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 16(2) inserted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(4)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 16(2) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(4)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 16(3)(a) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 16(3)(a) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F13Art. 16(3)(b) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 16(3)(c) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 16(3)(d) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F16Art. 16(4)-(6) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 13(6); 2020 c. 1, Sch. 5 para. 1(1)
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