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Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 15 April 2024 - onwards
Version 4 of 4

Article 98

DRAFT Point added Article 4 Amendments to Directive 2009/65/EC of the Proposal for a Directive of the European Parliament and of the Council amending Directives (EU) 2009/65/EC, 2009/138/EC, 2011/61/EU, 2014/65/EU and (EU) 2016/97 as regards the Union retail investor protection rules (Text with EEA relevance) (COM(2023) 279 final / 2023/0167 (COD)) (updated 19 September 2024 with Information Note - List of WKs published from 1 January to 30 June 2024)

1. The competent authorities shall be given all supervisory and investigatory powers that are necessary for the exercise of their functions. Such powers shall be exercised:

(a) directly;

(b) in collaboration with other authorities;

(c) under the responsibility of the competent authorities, by delegation to entities to which tasks have been delegated; or

(d) by application to the competent judicial authorities.

2. Under paragraph 1, competent authorities shall have the power, at least, to:

(a) access any document in any form and receive a copy thereof;

(b) require any person to provide information and, if necessary, to summon and question a person with a view to obtaining information;

(c) carry out on-site inspections;

(d) require:

(i) in so far as permitted by national law, existing data traffic records held by a telecommunications operator, where there is a reasonable suspicion of an infringement and where such records may be relevant to an investigation into infringements of this Directive;