Q&As on REMIT – Question III.1.1.

[** Removed **]

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Q&As on REMIT – Question III.2.11.

We would like to register as an RRM. Is the registration process connected with any kind of fees?


Answer:

Currently, no fees are charged by the Agency from the RRM applicants at any stage of the RRM registration process. However, the registration process may involve additional investment from the RRM applicant, in order to meet the technical and administrative requirements laid down in the Requirements for the registration of Registered Reporting Mechanisms.

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Q&As on REMIT – Question III.2.24.

[** Merged with Q II.4.20. **]

Which RRMs need to be identified in Section 5 of the market participant registration form in CEREMP?


Answer:

The market participant is obliged to choose all RRMs reporting its data, with exception to RRMs listed in Section 6.2.1 of the RRM Requirements.

A: For the first phase of reporting (deadline – 7 October 2015), the market participant is obliged to identify RRM(s) in Section 5 of the market participant registration form only if:

  1. the data is reported through an organised market place (OMP), trade matching or trade reporting systems that is different from the OMP where the transactions were executed.

The indication of the RRM in Section 5 of the registration form will not be required if the data is reported by:

  1. the OMP on which the transactions were executed;
  2. ENTSO-E as regards the data referred to in paragraphs (1) and (2) of Article 8 of Commission Implementing Regulation (EU) No 1348/2014;
  3. ENTSOG as regards the data referred to in Article 9(1) of Commission Implementing Regulation (EU) No 1348/2014.

 

B: For the second phase of reporting (deadline – 7 April 2016), additionally, the market participant is required to identify RRMs that will report second phase data on its behalf.

However, such identification of the RRM will not be required for the reporting of data in case:

  1. the reporting delegation applies only to a particular transaction and the counterparty to the transaction reports on behalf of the market participant;
  2. a TSO is in charge of reporting transportation data pursuant to Article 6(2) of Commission Implementing Regulation (EU) No 1348/2014;
  3. of a TSO is in charge of reporting data referred to in Article 8(3) and 9(2) of Commission Implementing Regulation (EU) No 1348/2014;
  4. of an LNG system operator as regards the data referred to in Article 9(5) of Commission Implementing Regulation (EU) No 1348/2014;
  5. of a storage system operator as regards the data referred to in Article 9(9) of Commission Implementing Regulation (EU) No 1348/2014.

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Q&As on REMIT – Question III.2.40.

What happens if an RRM cannot send transaction reports on time?


Answer:

The Agency has established the ARIS Contingency Plan which is available to RRMs in the documentation section of the RRM Admin Profile. The Contingency Plan provides all instructions on what RRMs and market participants have to do in case of different scenarios that may impact the reporting.

As for the other obligations between the market participant and its RRM, the Agency points out that their data reporting agreement should take into account the ARIS Contingency Plan. Please note that if an RRM is not able to report its data according to the requirements set out by the Agency, the ARIS Contingency Plan is to be followed.

Potential sanctions for the breach of reporting obligations as laid down in Article 8 of REMIT are defined at national level.

All questions about the application of the Contingency Plan should be addressed to the Agency’s Central Service Desk: servicedesk@support.acer-remit.eu.

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Q&As on REMIT – Question III.2.49.

[** Question number changed from Q III.8.4. **]

In which language have the documents to be submitted in the RRM application process, in the official language of the issuer of the document or in English?


Answer:

According to Article 33(1) of Regulation (EU) No 713/2009 establishing an Agency for the Cooperation of Energy Regulators, and Regulation 1/1958 determining the languages to be used in the EU, documents can be submitted in any official language of the EU.

However, Article 33(2) of Regulation (EU) No 713/2009 also provides that the Agency’s Administrative Board shall decide on the internal language arrangements for the Agency and the Administrative Board decided that the internal working language of the Agency is English. Therefore, the working language for the examination of RRM applications by the Agency will be English. In this respect, the Agency strongly prefers to receive documentation in English, and the RRM applicant is thus invited to send its application in English as translating documents submitted in other EU languages may require additional time to process the application.

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Q&As on REMIT – Question III.2.50.

[** Question number changed from Q III.3.13. **]

Could reportable wholesale energy contracts from market participants registered in one Member State be reported by an RRM in another Member State?


Answer:

Yes. The market participant can choose RRM(s) from different Member States.

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Q&As on REMIT – Question III.3.10.

Is there a special data format or protocol for the web feed (Article 10 of Commission Implementing Regulation (EU) No 1348/2014) how the data shall be provided to the Agency (e.g. email, .csv-file, etc.)?


Answer:

The Agency has published Guidance on the implementation of web feeds which covers the technical issues concerning inside information disclosure under Article 10(1) and (2) of Commission Implementing Regulation (EU) No. 1348/2014.
The Guidance includes details of the standard web feed formats (RSS and ATOM) and the schema (.xsd) to be used. The guidelines are published on the REMIT Portal: https://www.acer-remit.eu.

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Q&As on REMIT – Question III.3.13.

[** Question number changed to Q III.2.49. **]

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Q&As on REMIT – Question III.3.33.

Are transfers of transport capacity between a market participant and an end user with a site which does not have the capacity to consume more than 600 GWh/year to be reported, although the gas delivery contracts themselves are not to be reported?


Answer:

The Agency believes that usually for a consumption unit with a maximum technical capability to consume less than 600 GWh/year a supply contract will normally be a contract with a single delivery point to the customer and without any transfer of transport capacity. Please note that the threshold of 600 GWh/year refers to the supply contracts pursuant to Article 3(1)(a)(vii) of Commission Implementing Regulation (EU) No 1348/2014 and not to the transportation contracts.

If the market participant and the end user, in addition to the supply contract, agree on the transfer of transport capacity, this contract has to be reported as a wholesale energy product pursuant to Article 3(1)(b)(i) or (ii) of Commission Implementing Regulation (EU) No 1348/2014.

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Q&As on REMIT – Question III.3.42.

What are the reporting obligations of a final customer with a single consumption unit with a technical capability to consume less than 600 GWh/year if the energy bought by the final customer is not for its consumption use?


Answer:

In order to reply to the above question, the Agency analysed and designed the three following examples. Please note that the examples present the Agency’s current understanding and form a non-exhaustive list.

Furthermore, it is to be noted that final customers with a single consumption unit with a consumption capacity of less than 600 GWh/year should report all the contracts they trade on an organised market place.

qas-on-remit-question-iii-3-42_figure1

Scenario I: Energy was purchased by the final customer but not consumed. The final customer sells the energy under a different contract to a different Supplier B (i.e. the final customer becomes a supplier). In this case, the final customer is a market participant entering into transactions which are required to be reported to the Agency under REMIT. Therefore, the final customer is required to report both contracts for supply of energy 1 and 2.

 

qas-on-remit-question-iii-3-42_figure2

Scenario II: Energy was purchased by the final customer from the Supplier A, but not consumed because there is a volume optionality for the execution of their non-standard supply contract. The energy has not been physically delivered yet. In this case, the contract for supply of energy is not reportable and the final customer is not a market participant entering into transactions which are required to be reported to the Agency under REMIT regarding such contracts. However, it can still be subject to REMIT with regard to the prohibition of market manipulation, including attempted market manipulation, according to Article 5 of REMIT, with regard to insider trading, according to Article 3 of REMIT and with regard to the obligation to publish inside information according to Article 4 of REMIT.

Finally, please note that this scenario does not apply if Supplier A resells the energy in the wholesale energy market on behalf on the final customer. In such case, the final customer is a market participant entering into transactions which are required to be reported to the Agency under REMIT.

 

Scenario III: Energy was purchased by the final customer B. However, the final customer B consumes only a part of the energy and the rest of it is provided to other final customers (C, D, E) that are all within the same closed distribution system or on the same site (e.g. shopping mall, airport). In addition, it is important to note that (i) the final customers C to E can buy the energy only from the final customer B (for example, energy is bought as a part of the tenancy agreement) and (ii) overall technical capability to consume of final customer B to E is below 600 GWh/year.

In this case, the contracts between (i) supplier A and the final customer B and (ii) final customer B and final customers C to E are not reportable. In addition, final customer B is not considered a market participant entering into transactions which are required to be reported to the Agency under REMIT regarding such contracts. However, if the overall technical consumption capability of final customers B to E is 600 GWh/year or more, then the contract for supply of energy between supplier A and final customer B will be reportable and they will both have to be considered market participants.

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