The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019

3.—(1) Article 4 (submission and publication of data) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph—

(i) for “data providers”, in the first place that it occurs, substitute “a reporting service”;

(ii) for “data providers”, in the second place that it occurs, substitute “data publishers”;

(iii) for the words from “process” to “obligations” substitute “meet their respective obligations”;

(b) omit the second subparagraph.

(3) After paragraph 1 insert—

“1A.   In relation to any requirement in this Regulation for a TSO to publish data, the TSO must—

(a) publish the data so that they are available to the public free of charge through the internet in English;

(b) ensure that the data are up to date, easily accessible, downloadable and available for at least five years;

(c) ensure that data updates are time stamped, archived and made available to the public.”.

(4) For paragraph 2 substitute—

“2.   At any time while a reporting service is in operation, in relation to data which are able to be submitted to that reporting service—

(a) primary owners of the data other than TSOs may fulfil their obligation under paragraph 1 by submitting the data to the reporting service, subject to the prior agreement of the TSO in whose control area the primary owner is located;

(b) TSOs may fulfil their obligations in Articles 6 to 17 to publish data, and their obligations in paragraph 1A relating to such publication, by submitting the data to the reporting service.”.

(5) Omit paragraph 4.

(6) In paragraph 5—

(a) omit “and of the ENTSO for Electricity”;

(b) for “paragraph 1 and Article 3” substitute “paragraphs 1 and 1A”;

(c) omit “TSOs’ or”.

(7) In paragraph 6—

(a) for “National regulatory authorities shall” substitute “The national regulatory authority must”;

(b) for “, TSOs and data providers” substitute “and TSOs”.

(8) After paragraph 6 insert—

“7.   In this Article, “reporting service” means a service for the reporting and publication of data which is approved by the national regulatory authority for the purposes of this Article.

8.   The national regulatory authority must not approve a service under paragraph 7 unless it is satisfied that the service will publish data which it receives under this Article in accordance with the requirements in paragraph 1A.”.