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Regulation (EU) No 1227/2011 of the European Parliament and of the CouncilShow full title
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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Changes over time for: Article 17
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Article 17U.K.Professional secrecy
1.Any confidential information received, exchanged or transmitted pursuant to this Regulation shall be subject to the conditions of professional secrecy laid down in paragraphs 2, 3 and 4.
2.The obligation of professional secrecy shall apply to:
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)persons who work or who have worked for the [F3national regulatory authority] or for other relevant authorities;
(d)auditors and experts instructed by [F4national regulatory authority] or by other relevant authorities who receive confidential information in accordance with this Regulation.
3.Confidential information received by the persons referred to in paragraph 2 in the course of their duties may not be divulged to any other person or authority, except in summary or aggregate form such that an individual market participant or market place cannot be identified, without prejudice to cases covered by criminal law, the other provisions of this Regulation or other relevant [F5[F6assimilated] law].
F74.Without prejudice to cases covered by criminal law, [F8authorities], bodies or persons which receive confidential information pursuant to this Regulation may use it only in the performance of their duties and for the exercise of their functions. Other authorities, bodies or persons may use that information for the purpose for which it was provided to them or in the context of administrative or judicial proceedings specifically related to the exercise of those functions. The authority receiving the information may use it for other purposes, provided that the Agency, national regulatory authorities, competent financial authorities of the Member States, ESMA, bodies or persons communicating information consent thereto.
5.This Article shall not prevent an authority F9... from exchanging or transmitting, in accordance with national law, confidential information provided that it has not been received from an authority of [F10a member] State or from the Agency under this Regulation [F11as it applies in EU law].
Textual Amendments
F1Art. 17(2)(a) 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. 14(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 17(2)(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. 14(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 17(2)(c) 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. 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 17(2)(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. 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 17(3) 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. 14(3); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in Art. 17(3) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 13(2)(d)
F7 Art. 17(4): By The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 14(4)(b), it is provided that (31.12.2020) in the third sentence the word “authorities,” is substituted for the words from “national” to “or other”
F8Word in Art. 17(4) 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. 14(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 17(5) 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. 14(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 17(5) 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. 14(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 17(5) 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. 14(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
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