(1) The following persons and undertakings shall be subject to the reporting obligation set out in subsections (2) to (5) in addition to the reporting obligations under Section 47g:
1. wholesale customers within the meaning of Section 3 no 21 of the German Energy Industry Act;
2. energy supply companies within the meaning of Section 3 no 18 of the German Energy Industry Act;
3. operators of energy facilities within the meaning of Section 3 no 15 of the German Energy Industry Act except for operators of final consumer distribution facilities, or, in the case of gas supply, operators of ultimate shut-off devices in consumption systems;
4. customers within the meaning of Section 3 no 24 of the German Energy Industry Act except for household customers within the meaning of Section 3 no 22 of the German Energy Industry Act; and
5. trading platforms.
(2) Those subject to the reporting obligations must submit to the Market Transparency Unit the trading, transport, capacity, production/generation and consumption data, further specified in accordance with Section 47f in conjunction with Section 47g, for the markets on which they operate. This includes information
1. on transactions in wholesale markets where electricity and natural gas are traded, including orders to trade, with precise details on the wholesale energy products bought and sold, the prices and quantities agreed, the dates and times of execution and the parties to and beneficiaries of the transactions;
2. on the capacity and use of facilities and installations for the production/generation, storage, consumption or transmission of electricity or natural gas or on the capacity and use of facilities for liquefied natural gas (LNG facilities), including any planned and unplanned unavailability or any under-consumption;
3. in the field of electricity generation that enables identification of individual generation units;
4. on costs incurred in connection with the operation of the generation units that are subject to the reporting obligation, in particular on marginal costs, fuel costs, CO2 costs, opportunity costs and start-up costs;
5. on technical information relevant for the operation of the generation units that are subject to the reporting obligation, in particular on minimum idle times, minimum run times and minimum production volumes;
6. on any planned decommissioning of plants or cold reserves;
7. on drawing rights agreements;
8. on planned investment projects; and
9. on import agreements and balancing services in natural gas trading.
(3) The data must be submitted to the Market Transparency Unit in accordance with Sections 47f and 47g by way of remote data transfer and, if requested, on a continuous basis. If the Market Transparency Unit provides standard forms, the data must be transferred electronically using such forms.
(4) The relevant reporting obligation shall be deemed fulfilled if
1. those subject to the reporting obligation pursuant to subsection (1) have communicated the information to be reported or requested in accordance with Article 8 of Regulation (EU) No 1227/2011 and prompt data access by the Market Transparency Unit is secured, or
2. third parties have communicated the information to be reported or requested in the name of a person or undertaking subject to reporting obligations pursuant to subsection (1) also in conjunction with Section 47g nos 3 and 4 and the Market Transparency Unit has been informed of this, or
3. those subject to the reporting obligation pursuant to subsection (1) also in conjunction with Section 47f nos 3 and 4 have communicated the information to be reported or requested to a third party appointed for this purpose pursuant to Section 47d(1) sentence 5 in conjunction with Section 47f no 2, or
4. those subject to the reporting obligation pursuant to subsection (1) no 3 in conjunction with Section 47g(6) have communicated the information to be reported or requested in accordance with the provisions of the German Renewable Energy Act [Erneuerbare-Energien-Gesetz] or a statutory instrument based on that Act to the grid operator, the Market Transparency Unit has been informed of this and prompt access to the data by the Market Transparency Unit is secured.
(5) The obligations set out in subsections (1) to (4) shall apply to undertakings if they are admitted to trading on a German exchange or if their activities have an effect within the area of application of this Act. Where an undertaking with a registered seat outside the area of application of this Act fails to communicate the information requested, the Market Transparency Unit may additionally request the competent authority of the country of domicile to take appropriate measures to improve access to that information.