Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (Text with EEA relevance)

Changes over time for: Article 8

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Article 8U.K.Data collection

1.[F1To the extent required by Chapter II of the REMIT Implementing Regulation, market participants], or a person or authority listed in points (b) to (f) of paragraph 4 on their behalf, shall provide [F2the national regulatory authority] with a record of wholesale energy market transactions, including orders to trade. The information reported shall include the precise identification of the wholesale energy products bought and sold, the price and quantity agreed, the dates and times of execution, the parties to the transaction and the beneficiaries of the transaction and any other relevant information. While overall responsibility lies with market participants, once the required information is received from a person or authority listed in points (b) to (f) of paragraph 4, the reporting obligation on the market participant in question shall be considered to be fulfilled.

2.[F3A national authority may, by regulations]:

(a)draw up a list of the contracts and derivatives, including orders to trade, which are to be reported in accordance with paragraph 1 and appropriate de minimis thresholds for the reporting of transactions where appropriate;

(b)adopt uniform rules on the reporting of information which is to be provided in accordance with paragraph 1;

(c)lay down the timing and form in which that information is to be reported.

F4... [F5Regulations under this paragraph] shall take account of existing reporting systems.

3.Persons referred to in points (a) to (d) of paragraph 4 who have reported transactions in accordance with [F6relevant law on markets in financial instruments] or applicable [F7[F8assimilated] law] on derivative transactions, central counterparties and trade repositories shall not be subject to double reporting obligations relating to those transactions.

Without prejudice to the first subparagraph of this paragraph, [F9regulations under] paragraph 2 may allow organised markets and trade matching or trade reporting systems to provide [F10the national regulatory authority] with records of wholesale energy transactions.

4.For the purposes of paragraph 1, information shall be provided by:

(a)the market participant;

(b)a third party acting on behalf of the market participant;

(c)a trade reporting system;

(d)an organised market, a trade-matching system or other person professionally arranging transactions;

(e)a trade repository registered or recognised under applicable [F11[F12assimilated] law] on derivative transactions, central counterparties and trade repositories; or

(f)a competent authority which has received that information in accordance with [F13Article 26(1) and (2) of Regulation (EU) No 600/2014].

5.[F14To the extent required by Chapter III of the REMIT Implementing Regulation, market participants] shall provide [F15the national regulatory authority] with information related to the capacity and use of facilities for production, storage, consumption or transmission of electricity or natural gas or related to the capacity and use of LNG facilities, including planned or unplanned unavailability of these facilities, for the purpose of monitoring trading in wholesale energy markets. The reporting obligations on market participants shall be minimised by collecting the required information or parts thereof from existing sources where possible.

6.[F16A national authority may, by regulations]:

(a)adopt uniform rules on the reporting of information to be provided in accordance with paragraph 5 and on appropriate thresholds for such reporting where appropriate;

(b)lay down the timing and form in which that information is to be reported.

F17... [F18Regulations under this paragraph shall take account of existing reporting obligations under the Gas Regulation and Electricity Regulation.]

[F197.The powers to make regulations under paragraphs 2 and 6 include power to amend or replace any provision of an implementing act which—

(a)was made by the Commission under those paragraphs as they applied before IP completion day; and

(b)is [F20assimilated direct] legislation.]

Textual Amendments

F1Words in Art. 8(1) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 6(2); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 8(1) substituted (31.12.2020) by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 18(2); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 8(2) substituted (31.12.2020) by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 18(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 8(2) omitted (31.12.2020) by virtue of The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 18(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 8(2) substituted (31.12.2020) by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 18(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 8(3) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 8(3) substituted (31.12.2020) by The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 1 para. 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8Word in Art. 8(3) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 13(2)(a)