337. Regulation of the Board of Management of E-Control on the obligation to store and transmit transaction data in wholesale energy trading by electricity and natural gas traders (wholesale energy trade-Transaction data-Retention Regulation-ETA-VO)

Pursuant to Section 88 (4) of the Electricity Economic and Organization Act 2010 (ElWOG 2010), Federal Law Gazette (2010), BGBl. I n ° 110/2010, and Section 131 (3) of the German Gas Act 2011 (GWG 2011), BGBl. I No 107/2011 idF BGBl. I No. 138/2011 iVm § 7 para. 1 Energy Control Act (E-ControlG), BGBl. I No 110/2010 idF BGBl. I No 107/2011, shall be arranged:

Scope

§ 1. This Regulation shall determine the data on exchange and off-the-counter transactions of electricity and/or electricity supply. Natural gas dealers in wholesale energy trading, which are to be kept for a period of five years and which are to be made available to the E-Control, the Federal Competition Authority and the European Commission in order to carry out their tasks, if necessary. In addition, the form in which they are to be transmitted as required is determined.

Definitions

§ 2. (1) For the purposes of this Regulation, the term:

1.		"Transaction" of any electricity or electricity. Dealers on the exchange and off-the-counter transactions with electricity supply contracts and electricity derivatives, respectively with natural gas supply contracts and natural gas derivatives;
2.		"transaction data" means the data relating to a transaction;
3.		"electricity derivatives" means a financial instrument within the meaning of Article 2 Z 33 of Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing the Directive 2003 /54/EC, OJ 2009, L 211, 14 August 2009, p. 55;
4.		"natural gas derivatives" means a financial instrument within the meaning of Article 2 Z 35 of Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003 /54/EC, OJ L 327, 28.11.2009, p. No. OJ L 211 of 14 August 2009, p. 94.

(2) The definitions of the ElWOG 2010 and the GWG 2011 shall also apply.

Transaction data to be stored

§ 3. For a period of five years, electricity and natural gas dealers shall keep the following data on characteristics and product specifications for each financial and physical transaction:

1.		Identity of buyers and sellers;
2.		energy exchange or other trading venue on which the transaction was carried out;
3.		the date of completion of the transaction (trading day and time);
4.		Contract specifications (identification of the contract on which the transaction is based by product code of the trading platform, in the absence of a product code: characteristics of the contract);
5.		transaction specifications (purchase/sale indicator and transaction reference number);
6.		Commercial property;
7.		The transaction price and, where appropriate, price adjustment clauses, in the case of guest transactions, additional storage and balancing energy prices (as part of the energy price);
8.		Transaction Quantity incl. the nature of the quantity;
9.		the duration of the contract;
10.		Delivery location.

Form of transmission

§ 4. (1) The transmission of the transaction data shall be effected at the express written request.

(2) All data shall be transmitted in electronic form in the appropriate time limit, or be entered directly on an electronic input platform set up.

(3) The transmission period, the formats and the input platform shall be determined in the express written request for the transmission of the transaction data. Information on formats to be used or Input platforms can also be made available on the Internet.

Transmission by third parties

§ 5. The transmission of the requested transaction data may also be carried out on behalf of the transfer party by a current or gas exchange, through whose systems the transactions were conducted, or by a suitable third party.

entry into force

§ 6. This Regulation shall enter into force with the day following the presentation.

Boltz Graf