(1) In order to ensure that the formation of wholesale prices for electricity and gas complies with competition provisions, a Market Transparency Unit shall be set up at the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway [Bundesnetzagentur]. It shall continuously monitor the marketing of, and trading in, electricity and natural gas at the wholesale level.
(2) The tasks of the Market Transparency Unit shall be carried out by the Bundesnetzagentur and the Bundeskartellamt by mutual consent.
(3) Details of the consensual cooperation shall be governed by a cooperation agreement between the Bundeskartellamt and the Bundesnetzagentur requiring approval by the Federal Ministry for Economic Affairs and Energy. In particular, this agreement shall contain provisions governing:
1. staffing and allocation of tasks and
2. coordination of data collection and of the exchange of data and information.
(4) The Federal Ministry for Economic Affairs and Energy shall be authorised to issue requirements regarding the terms and conditions of the cooperation agreement by means of a statutory instrument.
(5) Decisions by the Market Transparency Unit shall be taken by the person heading the unit. Section 51(5) shall apply mutatis mutandis to all members of staff of the Market Transparency Unit.