I. – A. – The following offences are punishable by five years’ imprisonment and a fine of 100 million euros, which may be increased up to ten times the amount of the advantage gained from the offence, provided that the fine is not less than the amount of the advantage gained: by the chief executive officer, the chairman, a member of the management board, the managing director, a member of the board of directors or a member of the supervisory board of an issuer concerned by inside information or by a person exercising an equivalent function, by a person in possession of inside information, a member of the board of directors or a member of the supervisory board of an issuer concerned by inside information, or by a person who performs an equivalent function, by a person in possession of inside information concerning an issuer in which he has a holding, by a person in possession of inside information in connection with his profession or duties or in connection with his participation in the commission of a crime or offence, or by any other person in possession of inside information with full knowledge of the facts, to make use of this inside information by carrying out, for himself or for another person, either directly or indirectly, one or more transactions or by cancelling or modifying one or more orders placed by the same person before he came into possession of the inside information, on the financial instruments issued by this issuer or on the financial instruments concerned by this inside information.
B. – The mere fact that a person possesses inside information does not constitute the offence provided for in A, if his conduct is legitimate, within the meaning of Article 9 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (Market Abuse Regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC.
C. – For the purposes of this section, the words “inside information” mean inside information within the meaning of 1 to 4 of Article 7 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 referred to above.
II. – Attempts to commit the offence provided for in I of this article shall be punishable by the same penalties.