Paragraph 12 I1

At the beginning of Chapter IV (final provisions) insert—

“Article 10A

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 F1IP 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.”.