337. Regulation of the Board of the E-control on the obligation to the storage and transmission of transaction data in energy wholesale electricity and natural gas distributors (wholesale energy trading transaction data retention regulation ETA-VO)
On the basis of § 88 par. 4 of Elektrizitätswirtschafts and Organization Act 2010 (ElWOG 2010), Federal Law Gazette I no. 110/2010, and § 131 section 3 Gas Act 2011 (MLA 2011), Federal Law Gazette I no. 107/2011 idF BGBl I no. 138/2011 in conjunction with article 7, paragraph 1 energy control law (E-ControlG), Federal Law Gazette I no. 110/2010 amended Federal Law Gazette I no. 107/2011, is prescribed:
Scope of application
§ 1. This regulation states that data on over-the-counter and exchange-transactions of electricity and natural gas traders in energy wholesale, which are to be kept and to carry out their tasks if necessary at any time to make the E-control, the Federal competition Commission and the European Commission for a period of five years. Furthermore is the form in which these to be sent if necessary, determines.
Refer to section 2 (1) within the meaning of this Regulation:
1. "Transaction" any electricity or natural gas traders on book and trades made transactions in electricity supply contracts and electricity derivatives and natural gas supply contracts and gas derivatives.
2. "Transaction data" the data related to a transaction.
3. 'Electricity derivative' 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 Directive 2003/54/EC, OJ 2009, L 211 of August 14, 2009, p. 55;
4. 'Gas derivative' 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 No. L 211 of August 14, 2009, p. 94.
(2) in addition, the definitions of the ElWOG 2010 and the MLA apply 2011.
To retaining transaction data
§ 3 electricity and natural gas traders have to be kept for a period of five years the following data about features and specifications for each financial and physical transaction:
1. identity of buyers and sellers;
2. energy exchange or other trading venue where the transaction has been made
3. the date of the transaction (commercial day and time);
4. contract specifications (identification of the underlying business contract with the trading platform, in absence of product code product code: characteristics of the contract);
5. Transaktionsspezifikationen (buy / sell indicator and transaction reference number);
6 commercial property;
7. transaction price and, where appropriate, price adjustment clauses in gas transactions in addition storage and balancing energy price (as part of the energy price);
8 transaction amount incl. type of quantity;
9. duration of contract;
10 place of delivery.
Form of delivery
4. (1) has the transmission of transaction data on written request to be made.
(2) all data are to submit in electronic form in the used, reasonable term or to enter directly on a decorated platform of electronic input.
(3) the delivery period, the formats, as well as the input platform are determined in the express written request on transmission of transaction data. Details of applicable formats and input platforms will be available also on the Internet.
Delivery by third parties
§ 5. The requested transaction data can be on behalf of the Übermittlungspflichtigen by an electricity or gas exchange, the transactions were settled on their systems, or a suitable third party.
Entry into force
§ 6. This Regulation shall enter into force the day following the announcement.