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Part 1 · Restraints of Competition  ›  Division 1 · Market Transparency Unit for Electricity and Gas Wholesale Trading › Section 47c

Use of Data

(1) The Market Transparency Unit shall provide the data received pursuant to Section 47b(3) also to the following entities:

1.  the Bundeskartellamt for the purpose of conducting its monitoring activities pursuant to Section 48(3);

2.  the Bundesnetzagentur for the purpose of conducting its monitoring activities pursuant to Section 35 of the German Energy Industry Act;

3.  the competent decision division of the Bundeskartellamt for the purpose of conducting merger control proceedings pursuant to Sections 35 to 41 and for sector inquiries pursuant to Section 32e; and

4.  the Bundesnetzagentur for the purpose of fulfilling its further tasks under the German Energy Industry Act, in particular for the purpose of monitoring compliance with transparency obligations in accordance with the annexes of the following regulations:

a)  Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ L 211 of 14 August 2009, p. 15);

b)  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211 of 14 August 2009, p. 36);

c)  Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC (OJ L 295 of 12 November 2010, p. 1).

(2) The Market Transparency Unit shall further provide the data to the Federal Ministry for Economic Affairs and Energy and the Bundesnetzagentur for the purpose of fulfilling their tasks under Section 54a of the German Energy Industry Act.

(3) The data may be provided to the Federal Statistical Office for the purpose of fulfilling its tasks under the German Energy Statistics Act [Energiestatistikgesetz] and under Section 2 of the German Act on Price Statistics [Gesetz über die Preisstatistik] and to the Monopolies Commission for the purpose of fulfilling its tasks under this Act and under Section 62 of the German Energy Industry Act.

(4) The Market Transparency Unit may provide the data in anonymised form also to federal ministries for use in scientific studies conducted by them or on their behalf if the data are necessary to achieve these aims. Data that constitute operating or business secrets may be disclosed by the Market Transparency Unit only if it is no longer possible to link such data to any specific undertaking. The federal ministries may provide the data received from the Market Transparency Unit pursuant to sentence 1 also to third parties for the purpose of conducting scientific studies on their behalf if the third parties have proven their professional skills to the ministries and have assured confidential treatment of the data.

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