Q&As on REMIT – Question III.2.36.

What information is the RRM exactly required to keep; only the records transmitted to the ARIS system or also acknowledgement receipts or other communication received from the ARIS system?


Answer:

Please note that the requirements regarding record keeping apply to the data submitted to the Agency. In order to assure the RRM compliance with other RRM requirements (e.g. information security, operational reliability.), the Agency strongly recommends that all receipts and other communications with the Agency are also kept by the RRM.

RSS_Icon Last update: 08/01/2016  

Q&As on REMIT – Question III.2.9.

Where can I access the Non-Disclosure Declaration (NDD) needed in the process of RRM registration?


Answer:

In order to access and to sign the NDD, you need to go through the RRM registration process available on the REMIT Portal under: https://www.acer-remit.eu/portal/rrm-registration-doc.

Before submitting an application to become an RRM, we would kindly encourage you to read the documentation available here: https://www.acer-remit.eu/portal/custom-category/acer_remit_reporting_user_package. The NDD is also provided under the same link.

RSS_Icon Last update: 08/01/2016  

Q&As on REMIT – Question III.4.1.

How can I report fundamental data?


Answer:

The legal basis for the fundamental data reporting is laid down in Article 8 and 9 of the Commission Implementing Regulation (EU) No 1348/2014. While Article 8 defines the rules for reporting of fundamental data on electricity, Article 9 specifies the rules for reporting of fundamental data on gas including also data on LNG and gas storage.

In order to explain the details of reporting, the Agency has prepared the Manual of Procedures on transaction and fundamental data reporting (MoP). The MoP is available here: https://www.acer-remit.eu/portal/custom-category/acer_remit_reporting_user_package.

The Agency’s intention with the MoP is to provide advice for reporting entities concerning the reporting of fundamental and transaction data. The MoP explains the details of procedures, standards and electronic formats for reporting of fundamental data. In particular, the document includes information on the data submission channels, the data validation rules and the XML-schemas to be used for the reporting.

The focus of the first edition of the MoP is to explain the details of the data fields and reportable schemas related to the electricity and gas fundamental data. Examples of data fields and schemas for the LNG and gas storage data will be included in the MoP in the coming months.

RSS_Icon Last update: 08/01/2016  

Q&As on REMIT – Question III.3.28.

Concerning the threshold of 600GWh/year under Article 3(1)(a)(vii) of Commission Implementing Regulation (EU) No 1348/2014: is only burning of gas considered an end-use, or should purchases for other industrial processes also be included in the calculation of this threshold (e.g. natural gas used as feedstock, etc.)?


Answer:

The 600GWh/year threshold in Article 3(1)(a)(vii) of Commission Implementing Regulation (EU) No 1348/2014 relates to the consumption of gas or electricity, irrespective of the purpose of this consumption. If a single consumption unit has a technical consumption capability greater than 600GWh/year, then contracts for the supply of electricity or gas to that unit are reportable, irrespective of whether the purpose is burning gas or using it for other purposes.

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Q&As on REMIT – Question III.3.29.

How to report when a continuous explicit intraday cross border capacity allocation method is in place?


Answer:

In case the relevant allocation rules define that the allocated intraday cross border capacity is automatically nominated with no possibility of intervention from the market participant and that the amounts of allocated and nominated intraday cross border capacity are equal, then there is no need for the relevant TSOs or third party acting on their behalf to submit both allocated and nominated information. Only the nominated cross border capacity will be reported to the Agency by the reporting party.

In case the relevant allocation rules allow the market participant to nominate a different amount of cross border capacity to the allocated amount, then both the allocated and the nominated reports will have to be submitted to the Agency.

RSS_Icon Last update: 30/11/2015  

Q&As on REMIT – Question III.4.5.

Who reports the nomination data in case a single point nomination mechanism exists between two bidding zones under the jurisdiction of two TSOs?


Answer:

In order to avoid double reporting ACER will accept one report for the nomination data from one of the TSOs reporting on behalf of both, or by a third party RRM reporting on their behalf. ACER must be informed of the preferred reporting method already during the RRM registration process.

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Q&As on REMIT – Question III.2.31.

The RRM Requirements document indicates the concept of reporting delegated chain as follows: “in case of a reporting delegation chain (e.g. counterparty A delegates the reporting to counterparty B, which, in turn, delegates the reporting to C), only the entities submitting data directly to the Agency (C, in the example above) shall register as a RRM”. There is a supplier X holding bilateral contracts with diverse suppliers (e.g. Y and Z, and these 2 suppliers only trade with supplier X bilaterally). The supplier X signs a data reporting agreement with RRM1 to report all those bilateral contracts by means of that RRM1. Therefore, the supplier X selects RRM1 in Section 5 of the registration form. However, the suppliers Y and Z do not sign any data reporting agreements with any RRM, because they delegate the reporting obligation to the supplier X. Therefore, the data reporting will fulfil the requirements with the data reporting agreement between X and RRM1. Do suppliers Y and Z have to select the RRM1 in their respective Section 5 of the registration form, even though they did not sign any agreement with the RRM1?


Answer:

Yes, if suppliers Y and Z trade with X on a regular basis, they shall indicate the RRM1 in Section 5 of the registration form. Section 5 of the registration form should indicate the RRM that will ultimately report the market participant’s data to the Agency. If, however, suppliers Y and Z trade with X only occasionally and without any “permanent” arrangement then this could be seen as reporting on behalf of the counterparty under Article 6(7) of Commission Implementing Regulation (EU) No 1348/2014 and would not require suppliers Y and Z to declare the RRM1 in the registration form as a reporting entity for their trades. For more information, please see also Section 6.2.1 of the RRM Requirements.

RSS_Icon Last update: 30/11/2015  

Q&As on REMIT – Question III.2.32.

In cases where data reporting under Article 6, 8 and 9 of Commission Implementing Regulation (EU) No 1348/2014 is delegated to a third party, who is responsible for the completeness, accuracy or timely submission of data: the person required to report the data or the third party reporting on the person’s behalf?


Answer:

In accordance with Article 11(2) of Commission Implementing Regulation (EU) No 1348/2014, if a person required to report data, reports those data through a third party, the person shall not be responsible for failures in the completeness, accuracy or timely submission of the data that are attributable to the third party. If the failure in data reporting is attributable to a third party e.g. if the third party reports corrupted/incorrect data or data are reported with a delay, the third party will be responsible for that failure. If the failure is attributable to a person required to report the data e.g. the person provides incorrect data, or data with a delay to a third party, then the person required to report the data will be responsible for that failure. Responsibility for the failure in data reporting cannot be transferred by the data reporting agreement between persons required to report data and the third parties reporting data on their behalf.

From the Agency’s point of view, in cases where an organised market place (OMP) has outsourced reporting to another RRM, the notion of ‘person required to report data’ in Article 11(2) of Commission Implementing Regulation (EU) No 1348/2014 includes the OMP itself. Otherwise there would be a missing link in the reporting chain and it would not be possible to ensure data quality.

RSS_Icon Last update: 30/11/2015  

Q&As on REMIT – Question III.2.33.

What are the reasonable steps that the persons required to report data should take in order to verify the completeness, accuracy and timeliness of the data which they submit through third parties under Article 11(2) third subparagraph of Commission Implementing Regulation 1348/2014?


Answer:

The Agency understands that in order to define the reasonable steps to verify the completeness, accuracy and timeliness of the data, as laid down in Article 11(2) third subparagraph of Commission Implementing Regulation 1348/2014, a different level of control/verification should be performed by the big, medium and small size market participants. In order to allow market participants to verify the completeness, accuracy and timeliness of the data, the Agency understands that the RRMs should grant the market participant with access to the data in the format defined by the Agency.

Please note that the Agency already addressed the above issue in the RRM Requirements document (p.19): ‘’RRMs reporting data other than their own data must have a mechanism in place to ensure that the person on behalf of whom they report can be granted access to the data submitted to the Agency by the RRM as well as to Agency’s receipts detailing out what data was reported and on the outcome of the reporting’’.

The Agency considers that RRMs should grant access to the market participant’s data reported by the RRM in the format defined by the Agency to: (i) the market participant or (ii) the third party chosen by the market participant. This access should be granted with consideration to the principle of transparency, fairness, non-discrimination and in line with competition law.

The Agency suggests as guidance regarding the reasonable steps that market participants should undertake verification of data samples in the predefined time period at least on a quarterly basis. Depending on the market participant’s size and/or volume of transactions in the relevant period a higher frequency of verification may be considered reasonable.

RSS_Icon Last update: 30/11/2015  

Q&As on REMIT – Question III.3.26.

Could you please explain the concepts of ‘intragroup contracts’ and ‘consolidation on a full basis’ mentioned in Article 2(6) of Commission Implementing Regulation (EU) No 1348/2014?


Answer:

Pursuant to Article 2(6) of Commission Implementing Regulation (EU) No 1348/2014, an ‘intragroup contract’ is a contract on wholesale energy products entered into with a counterparty which is part of the same group provided that both counterparties are included in the same consolidation perimeter on a full basis.

Article 2(5) of Commission Implementing Regulation (EU) No 1348/2014 defines that the concept of group to be taken into consideration is the one included in Article 2 of Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.

Article 2(6) of Commission Implementing Regulation (EU) No 1348/2014 details that ‘consolidation on full basis’ is the relevant criterion to assess if the contracts are intragroup. If a company ‘consolidates on a full basis‘, its assets, liabilities, income and expenses are all shown in full in the consolidated financial statements of the parent company, with the exclusion of the ones related to intercompany transactions that are eliminated in the consolidation process.
Further details on the rules and interpretations can be found in Directive 2013/34/EU and its implementing laws in the relevant Member State(s).

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