In addition to derivative contracts expressly referred to in paragraph 10 of Part 1 of Schedule 2 to the Regulated Activities Order, a derivative contract shall be subject to the provisions in that Part where it meets the criteria set out in that Part and in Article 7(3) of this Regulation and it relates to any of the following:

(a) telecommunications bandwidth;

(b)commodity storage capacity;

(c) transmission or transportation capacity relating to commodities, whether cable, pipeline or other means with the exception of transmission rights related to electricity transmission cross zonal capacities when they are, on the primary market, entered into with or by a transmission system operator or any persons acting as service providers on their behalf and in order to allocate the transmission capacity;

(d) an allowance, credit, permit, right or similar asset which is directly linked to the supply, distribution or consumption of energy derived from renewable resources, except where the contract is already within the scope of paragraph 4 of Part 1 of Schedule 2 to the Regulated Activities Order;

(e) a geological, environmental or other physical variable, except if the contract is relating to any emission allowances referred to in paragraph 11 of Part 1 of Schedule 2 to the Regulated Activities Order;