Q&As on REMIT – Question III.3.35.

A final customer has a single consumption unit with: (i) a technical capability to consume 600 GWh/year of gas, but (ii) a technical capability to consume less than 600 GWh/year of electricity; is it necessary to report contracts concluded outside an organised market place for the supply of electricity to that unit? And vice-versa?


Answer:

If final customers have a single consumption unit with a technical capability to consume 600 GWh/year or more of gas, but a technical capability to consume less than 600 GWh/year of electricity, they are required to report: (i) all transactions concluded on an organised market place (both gas and electricity), and (ii) if trading outside an organised market place, all their contracts for gas.

Similarly, if final customers have a single consumption unit with a technical capability to consume 600 GWh/year of electricity, but a technical capability to consume less than 600 GWh/year of gas, they are required to report (i) all transactions concluded on an organised market place (both gas and electricity), and (ii) if trading outside an organised market place, all their contracts for electricity.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.3.36.

What constitutes delivery of LNG into the European Union?


Answer:

Article 3(1) of the Commission Implementing Regulation (EU) No 1348/2014 provides a list of reportable contracts, according to which contracts in relation to the supply of electricity or natural gas with delivery in the European Union shall be reported to the Agency.

As far as liquefied natural gas (LNG) contracts are concerned, the Agency considers any importation or offloading of liquefied natural gas in any LNG facility (including flanges that connect the LNG vessel to the LNG terminal) as ‘delivery in the Union’ as far as the delivery of the product takes place in the European Union.

In the situation described above, assuming the delivery of the liquefied natural gas is in the European Union, both parties to the contract will need to register with the relevant National Regulatory Authority/ies as the contract is reportable to the Agency.

Reload-contracts at a regasification terminal or at a vessel where the delivery of the product is not the European Union are not reportable.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.3.37.

Article 3(1)(a)(vii) of Commission Implementing Regulation (EU) No 1348/2014 identifies contracts for the supply of single consumption units with a technical capability to consume 600 GWh/year or more as reportable under REMIT. How are these terms to be understood in a context where a number of different legal entities share one connection to the grid, if they once were one “single consumption unit”, but each individual legal entity (company A, B etc.) has now individual contracts for the purchase of electricity? For example, a formerly integrated industrial site now is separated into different companies and legal entities. All entities still share a common grid connection and the site as a whole exceeds the 600 GWh-threshold, however no single entity is close to the threshold.

How should this situation be treated in terms of transaction reporting and registration of market participants under REMIT?


Answer:

As each company holds individual contracts for the purchase of electricity, the yearly capability of each individual company to consume at this site should be taken into consideration by the companies. Reporting and registration obligations under REMIT would only apply to those companies which have a single consumption unit with a technical capability to consume above the 600 GWh-threshold, provided that they are not trading other wholesale energy products (e.g. including but not limited to contracts for the supply of energy traded on an organised market place or derivative contracts).

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.3.38.

I am uncertain whether I am a market participant and whether I am obliged to report transactions or not. What shall I do?


Answer:

In case of doubt, you should register as a market participant with the competent NRA and report your records of transactions to the Agency through a Registered Reporting Mechanism.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.3.11.

As for the framework agreements or OTC physical purchase orders, could you please clarify the scope of reporting? Do we need to report framework contracts as well as all OTC physical purchase orders?


Answer:

Yes. The framework agreements are considered non-standard contracts and all contracts to OTC physical purchase orders have to be reported to the Agency in line with Article 3(1)(a) of Commission Implementing Regulation (EU) No 1348/2014.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.2.28.

Could you please explain how to fill in the information under Section 5 of the registration form (public list of RRMs)? E.g.: If a market participant ‘A’ wants to report data on behalf of other market participants belonging to the same group, would this market participant ‘A’ appear in the public list of RRMs (Section 5 of the registration form) for selection to all market participants?


Answer:

As a general rule, a market participant should have a contractual agreement in place with an RRM for delegation of data reporting before it selects this RRM in Section 5 of the registration form (public list of RRMs). Moreover, market participant should be aware that selecting an RRM in Section 5 of the registration form does not confer any legal obligation on that RRM to report on its behalf.

The Agency wants to bring the market participants’ attention to the fact that not all reporting parties will be made available for selection to all market participants in Section 5 of the registration form (e.g.: ENTSO-E, ENSOG). However, in case where an RRM is considered as an intra-group RRM, i.e. reporting data only on behalf of a market participants in the same group (definition of group to be found in the Directive 2013/34/EU), this intra-group RRM will all the same appear for selection to all market participants in Section 5 of the registration form (public list of RRMs). Indeed no difference will be made in the public list between third-party RRMs and intra-group market participant RRMs.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.2.46.

Will TSOs be visible in Section 5 of the registration form in order for market participants to be able to select them?


Answer:

Only TSOs selecting the below RRM types will be visible in Section 5 of the registration form:

(i) ‘RRM type: MP reporting for the group’ under the stage: Additional Information Submission; or

(ii) ‘RRM type: RRM services available to any market participant’ under the stage: Additional Information Submission.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.4.6.

Article 9(9) of Commission Implementing Regulation (EU) No 1348/2014 mentions that: “Market participants or Storage System Operators on their behalf shall report to the Agency and, at their request, to national regulatory authorities the amount of gas the market participant has stored at the end of the gas day. This information shall be made available no later than the following working day.” How shall the market participants (e.g. a TSO) using gas storage facilities report the information about the gas quantities stored in the facility/ies?


Answer:

The amount of gas that the market participant has stored at the end of the gas day, as defined in Article 9(9) of Commission Implementing Regulation (EU) No 1348/2014, could be reported to ACER by the following means:

(i) through the SSO (if mutually agreed between the parties: SSO and market participant being a storage user);

(ii) by the market participant itself, if registered as RRM; or

(iii) by a third party RRM, authorised by the market participant being a storage user.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.2.18.

It is possible to cancel an already started RRM registration if the requirements described in the Technical Specifications for RRMs cannot be met? Is there a formal format for how to request for cancelation and where is it available?


Answer:

If the RRM applicant would like to cancel/stop its registration process before it is completed, an RRM Administrator has to notify the Agency by sending an email to servicedesk@support.acer-remit.eu. The Agency will then terminate the registration process for the RRM applicant. However, all requirements laid down in the Non-Disclosure Declaration (NDD) will still apply.

RSS_Icon Last update: 24/03/2016  

Q&As on REMIT – Question III.7.2.

Taking into consideration that the reporting obligations referred to in Commission Implementing Regulation (EU) No 1348/2014 will enter into force only on 7 October 2015 or on 7 April 2016 respectively, as the case may be, please indicate when are the market participants/service providers expected to start providing the web feeds?


Answer:

In line with Article 10(1) of Commission Implementing Regulation (EU) No 1348/2014, (i) market participants disclosing inside information on their website or (ii) service providers disclosing such information on market participants’ behalf, shall provide web feeds to enable the Agency to collect these data efficiently. In principle, this obligation applies as of 7 January 2015 when Commission Implementing Regulation (EU) No 1348/2014 entered into force. However, the Agency will only start collecting such data as of 1 January 2017 from Inside Information Platforms listed on the REMIT Portal. On 30 September 2015 the Agency published guidelines for the technical implementation of web feeds updating the Manual of Procedures on data reporting following a public consultation.

Furthermore, in line with the same Article 10(1), a market participant shall identify itself, or shall be identified by the third party reporting on its behalf, using (i) the ACER registration code or (ii) the unique market participant code which the market participant provided while registering with the competent NRA under Article 9 of REMIT.

RSS_Icon Last update: 16/02/2016  

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