The German Act against Restraints of Competition (GWB) contains regulations on data collection in the wholesale electricity and gas markets. In accordance with an ordinance to be issued by the Federal Ministry for Economic Affairs and Energy (BMWi), the MTU Electricity/Gas may stipulate its own requirements for the data to be forwarded to it under section 47f GWB. These requirements may apply to both transaction data and fundamental data (sections 47e and 47g GWB).
In its requirements the MTU Electricity/Gas will take into account the data that is collected at the European level and forwarded to the MTU Electricity/Gas. This data will not be collected again by the MTU Electricity/Gas at the national level.
The collection of electricity and gas market data collection is carried out at the European level by ACER, the Agency for the Cooperation of Energy Regulators. In accordance with REMIT, market participants will report both data on trading transactions and fundamental data to ACER.
The specific data to be reported are defined by the European Commission in the REMIT Implementing Regulation (EU) No 1348/2014. The regulation entered into force on 07 January 2015 (for further information please visit the Bundesnetzagentur's REMIT information portal). From 7 October 2015 onwards, market participants have to report to ACER wholesale energy market transactions executed at organized market places.
Referring to the stipulations in the REMIT Implementing Regulation, the MTU Electricity/Gas is expected to set out the requirements for reporting the following data categories:
- electricity balancing energy data
- gas balancing energy data
- fundamental data for electricity generation plants of less than 100MW
The reporting obligations for individual market participants will be kept to a minimum as the required information will be collected as far as possible through existing data reporting sources (e.g. calling upon TSOs, balancing zone operators and others).
The start of the obligation to report data to the MTU Electricity/Gas will be defined in the corresponding requirements.
The authorities, stakeholders and market participants affected will be given an opportunity to state their views within a specific deadline before the requirements under section 47g GWB are issued.
In preparation for these consultations, the MTU Electricity/Gas will compile and complete a detailed list of all data and data categories to be forwarded to it on an ongoing basis by those subject to a reporting obligation (section 47b (5) sentence 2 GWB). In this list the MTU Electricity/Gas will also include the date, the data format and the reporting channels for the data transmission.
The MTU Electricity/Gas is not bound by the comments submitted to it during the consultation (section 47b (5) sentence 3 GWB).