Seitenhistorie

1.	Member States shall require supply undertakings to keep at the disposal of the national authorities, including the regulatory authority, the national competition authorities and the Commis? sion, for the fulfilment of their tasks, for at least five years, the rel? evant data relating to all transactions in gas supply contracts and gas derivatives with wholesale customers and transmission sys? tem operators as well as storage and LNG operators.



2.	The data shall include details on the characteristics of the relevant transactions such as duration, delivery and  settlement rules, the quantity, the dates and times of execution and the trans? action prices and means of identifying the wholesale customer concerned, as well as specified details of all unsettled gas supply contracts and gas derivatives.



3.	The regulatory authority may decide to make available to market participants elements of this information provided that commercially sensitive information on individual market players or individual transactions is not released. This paragraph shall not apply to  information  about  financial instruments  which fall within the scope of Directive 2004/39/EC.

4.	To ensure the uniform application of this Article, the Com? mission may adopt Guidelines which define the  methods and arrangements for record keeping as well as the form and content of the data that shall be kept. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in  accordance with the regulatory procedure with scrutiny referred to in Article 51(3).


5.	With respect to transactions in gas derivatives of  supply undertakings with wholesale customers and transmission system operators as well as storage and LNG operators, this Article shall apply only once the  Commission  has adopted the Guidelines referred to in paragraph 4.


6.	The provisions of this Article shall not create  additional obligations towards the authorities referred to in paragraph 1 for entities falling within the scope of Directive 2004/39/EC.


7.	In the event that the authorities referred to in paragraph 1 need access to data kept by entities falling within the scope of Directive 2004/39/EC,  the  authorities responsible  under  that Directive shall provide them with the required data.

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[DIRECTIVE 2009/73/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009|http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:211:0094:0136:EN:PDF]\\
Date 21.10.2011.
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