(1) By making determinations for the areas referred to in subsections (2) to (12), the Market Transparency Unit shall decide in accordance with Section 47d(1) and Section 47e as well as in accordance with the statutory instrument to be issued pursuant to Section 47f which data and categories of data are to be transferred and how.
(2) (repealed)
(3) The Market Transparency Unit may determine that operators of generation units with an installed generation capacity per unit of more than 1 megawatt and up to 10 megawatts must specify, on an annual basis, the aggregate total of the installed generation capacity of all generation units in each control area separately for each type of generation.
(4) The Market Transparency Unit may determine that operators of electricity consumption units must provide information on the following data and categories of data:
1. the planned and unplanned under-consumption of consumption units with a maximum consumption capacity of more than 25 megawatts per unit, and
2. balancing services that are held available and supplied.
(5) The Market Transparency Unit may determine that transmission systems operators within the meaning of Section 3 no 10 of the German Energy Industry Act must provide information on the following data and categories of data:
1. the transmission capacity of cross-border interconnectors on an hourly basis,
2. import and export data on an hourly basis,
3. the forecast and actual feed-in of energy from facilities for which tariffs are governed by the German Renewable Energy Sources Act on an hourly basis,
4. the sales offers made based on the German Equalisation Scheme Ordinance [Ausgleichsmechanismusverordnung] on an hourly basis and
5. the offers and results of auctions for balancing services.
(6) The Market Transparency Unit may determine that operators of facilities generating electricity from renewable energy sources with an installed generation capacity of more than 10 megawatts must provide information on the following data and categories of data:
1. the volumes produced by type of facility and
2. the selling method within the meaning of Section 21b(1) of the German Renewable Energy Sources Act chosen, and the volumes attributable to each selling method.
(7) The Market Transparency Unit may determine that trading platforms for trading electricity and natural gas must provide information on the following data and categories of data:
1. the offers made on the platforms,
2. trading results and
3. all off-exchange non-standardised trading activities where the counterparties individually negotiate bilateral trades (OTC transactions) that are secured by cash or commodities clearing through the trading platform.
(8) The Market Transparency Unit may determine that wholesalers within the meaning of Section 3 no 21 of the German Energy Industry Act that trade in electricity must provide information on the transactions specified in Section 47e(2) no 1, to the extent that these transactions do not fall under the scope of subsection (7). As regards the trading of electricity generated from renewable energy sources, the Market Transparency Unit may also determine that wholesalers within the meaning of sentence 1 must provide information on the form of direct selling within the meaning of Section 3 no 16 of the German Renewable Energy Sources Act and on the quantities of electricity traded in accordance with this Act.
(9) The Market Transparency Unit may determine that wholesalers within the meaning of Section 3 no 21 of the German Energy Industry Act that trade in natural gas must provide information on the following data and categories of data:
1. cross-border quantities and prices as well as data on import and export quantities,
2. quantities of gas produced in Germany and the initial sales prices for these quantities,
3. import agreements (cross-border agreements),
4. delivery volumes for each distribution level in the distribution system,
5. transactions concluded with wholesale customers, transmission systems operators and operators of storage and LNG facilities under gas supply contracts and energy derivatives within the meaning of Section 3 no 15a of the German Energy Industry Act that are based on gas, including the term, volume, date and time of execution, the stipulations on term, delivery and settlement, and transaction prices,
6. offers and results of their own natural gas auctions,
7. existing gas procurement and supply contracts and
8. any other gas trading activities concluded as OTC transactions.
(10) The Market Transparency Unit may determine that transmission systems operators within the meaning of Section 3 no 5 of the German Energy Industry Act must provide information on the following data and categories of data:
1. existing capacity contracts,
2. contractual agreements with third parties regarding flow commitments and
3. offers and results of invitations to tender for flow commitments.
(11) The Market Transparency Unit may determine that market area managers within the meaning of Section 2 no 11 of the German Gas Grid Access Ordinance [Gasnetzzugangsverordnung] must provide information on the following data and categories of data:
1. existing contracts on balancing services,
2. offers and results of auctions and invitations to tender for balancing services,
3. transactions carried out via trading platforms and
4. any other gas trading activities carried out as OTC transactions.
(12) The Market Transparency Unit may determine that, for balancing services and biogas, information must be provided on the procurement of third-party balancing services, on results of invitations to tender and on the feeding-in and marketing of biogas.