Commission Implementing Regulation (EU) No 1348/2014Show full title

CHAPTER IV U.K. FINAL PROVISIONS

[F1 Article 10A U.K. Data reporting system

1. Subject to paragraph 2, the GB Authority and the NI Authority must each establish a system (a “data reporting system”) for persons to report data to it under Chapters II and III of this Regulation.

2. The national regulatory authority need not establish a data reporting system if it determines that it is unnecessary to do so, because it is able to obtain by other means the data specified in Articles 3, 8 and 9, or sufficient of that data to carry out its REMIT functions.

3. The national regulatory authority must establish a data reporting system—

(a) as soon as reasonably practicable after IP completion day, unless it makes a determination under paragraph 2; or

(b) if it makes a determination under paragraph 2, but later determines that the condition in that paragraph is no longer satisfied, as soon as reasonably practicable after it makes that later determination.

4. Paragraphs 5 to 7 apply where the national regulatory authority establishes a data reporting system.

5. The national regulatory authority must publish a notice specifying the date from which the data reporting system will start to operate.

6. That date must be not less than 3 months after the date on which the notice is published.

7. From that date, persons required to report data to the national regulatory authority under Chapter II or III must report it using the data reporting system, unless the national regulatory authority directs otherwise.

8. In paragraph 2, “REMIT functions” means functions under—

(a) Regulation (EU) No 1227/2011; or

(b) as applicable, the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013 or the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc) Regulations (Northern Ireland) 2013.]

Textual Amendments

F1 Art. 10A inserted (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. 2 para. 12 (as amended by S.I. 2020/1016, regs. 1(2), 7(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Technical and organisational requirements and responsibility for reporting data

1. In order to ensure efficient, effective and safe exchange and handling of information, the [F2 national regulatory authority may], after consulting relevant parties, develop technical and organisational requirements for submitting data. The [F3 national regulatory authority] shall consult relevant parties on material updates of these requirements.

The requirements shall:

(a) ensure the security, confidentiality and completeness of information,

(b) enable the identification and correction of errors in data reports,

(c) enable the authentication of the source of information,

(d) ensure business continuity.

[F4 If the national regulatory authority establishes such requirements, it] shall assess whether reporting parties comply with the requirements. Reporting parties who comply with the requirements shall be registered by the [F5 national regulatory authority]. For entities listed under Article 6(4) the requirements listed in the second subparagraph shall be considered as fulfilled.

2. Persons required to report data referred to in Articles 6, 8 and 9 shall have responsibility for the completeness, accuracy and timely submission of data to [F6 the national regulatory authority].

Where a person referred to in the first subparagraph reports those data through a third party the person shall not be responsible for failures in the completeness, accuracy or timely submission of the data which are attributable to the third party. In those cases the third party shall be responsible for those failures, without prejudice to Articles 4 and 18 of Regulation (EC) No 543/2013 on submission of data in electricity markets.

Persons referred to in the first subparagraph shall nevertheless take reasonable steps to verify the completeness, accuracy and timeliness of the data which they submit through third parties.

Textual Amendments

F2 Words in Art. 11(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. 2 para. 13(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 11(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. 2 para. 13(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 11(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. 2 para. 13(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 11(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. 2 para. 13(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 11(2) 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. 2 para. 13(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Entry into force and other measures

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. The reporting obligation as provided in Article 9(1) shall apply from 7 October 2015.

The reporting obligation as provided in Article 6(1) except in relation to contracts referred to in Article 3(1)(b) shall apply from 7 October 2015.

The reporting obligations as provided in Article 8(1) shall apply from 7 October 2015 F7 ....

The reporting obligations as provided in Articles 6(2), 6(3), 8(3), 9(2), 9(3), 9(5), 9(7) and 9(9) shall apply from 7 April 2016.

The reporting obligation as provided in Article 6(1) in relation to contracts referred to in Article 3(1)(b) shall apply from 7 April 2016.

F8 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Art. 12(2) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 2 para. 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 12(3) omitted (31.12.2020) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/534), reg. 1(2), Sch. 2 para. 14(b); 2020 c. 1, Sch. 5 para. 1(1)