Market Participants are obliged to notify the Agency and the relevant National Regulatory Authority (NRA) when applying certain exemptions of REMIT, and should use the Notification platform application to fulfil their notification obligations on the delayed disclosure of inside information or the coverage of an immediate physical loss resulting from unplanned outages.
The REMIT Guidance describes the scope of application of these exemptions.
To report the exemptions, the following links can be used:
Persons professionally arranging transactions in wholesale energy products, (like organised market places and trade-matching systems) have the legal obligation to monitor their operating platforms to identify market abuse behaviours. In case of any reasonable suspicion, the national regulatory authority should be informed with no delay.
If you suspect there has been a breach of REMIT, relating to either market abuse in wholesale energy products or to another type of breach, do not hesitate to report this through the Notification Platform.
Ensuring market transparency and integrity under REMIT works best if all parties involved can offer their contribution.
For this purpose, the 'REMIT for you' section provides direct access to the platform for notifying potential REMIT breaches, notifying the use of REMIT exemptions, for submitting questions on REMIT, or on registering as Registered Reporting Mechanism (RRM) or Inside Information Platform (IIP).
The recast of the ACER Regulation included in the Clean Energy Package introduces REMIT fees in order to support ACER in undertaking its REMIT activities and the provision of its services to market participants.
The size of the REMIT fees, and the way in which they are to be paid, were determined by the European Commission (EC). The EC launched the relevant public consultation on 8 June 2020.
The European Commission’s decision was adopted on 17 December 2020 and applies as of 1 January 2021. The collection of REMIT fees started in 2021.
For further information please visit the REMIT fees section on the REMIT Documents page.
ACER is committed to sharing knowledge and first-hand experience with relevant stakeholders and interested parties.
ACER communicates the relevant information via dedicated REMIT publications:
Sharing knowledge and first-hand experience
First published in March 2015, the REMIT Quarterly is ACER's main channel of communication with stakeholders on REMIT-related matters. It primarily provides updates on ACER's activities, as well as guidance on the application of the REMIT framework and data reporting.
The REMIT Quarterly also reports any assessments of the operation and transparency of different categories of organised market places and ways of trading, in accordance with Article 7(3) of REMIT.
In accordance with Article 7(3) of REMIT, ACER shall assess on an annual basis the operation and transparency of different categories of organised market places (OMPs) and ways of trading.
The REMIT Annual Report was discontinued in 2017. Ever since, ACER reports its transparency assessments through the REMIT Quarterly instead.
Under the Trans-European Energy Infrastructure (TEN-E) Regulation, the ENTSOs’ Cost-Benefit Analysis (CBA) methodologies aim to ensure a transparent and neutral comparison between the costs of infrastructure projects and their expected benefits. They support the selection of Projects of Common Interest (PCIs) and inform national regulatory authorities’ decisions on investment requests and cross-border cost allocation.
ENTSO-E and ENTSOG are also required to establish and progressively implement a consistent and integrated model as part of their system needs assessment and CBA methodologies. This integrated model for electricity, gas and hydrogen network planning should support both cross-sectoral infrastructure needs assessment at system level and project-specific CBAs. By improving consistency of assumptions and methodologies and better capturing interactions between sectors, it helps contribute to more coherent and cost-effective EU network planning.
Cost-Benefit Analysis and the Integrated Model
What's the role of ACER?
ACER provides Opinions on each draft cost-benefit analysis methodologies developed by the ENTSOs, as well as the interlinked model, and may request the process for CBA updates.
ACER provides a cooperation framework for NRAs to establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for projects of gas and electricity infrastructure, which could be used in CBA analysis.
The projects of common Interest naturally contribute to enhance the security of the European gas supply. The degree of this contribution is assessed with the help of the cost-benefit analysis methodology.
Under the European regulation on security of gas supply, ACER is mandated to decide on CBCA reverse flow projects, to issue Opinions on exemption requests and on the elements of coordinated decisions taken by national authorities, as well as to participate in the Gas Coordination Group.
The study provides findings and suggestions for establishing a baseline of negative impact against which the merits of a project or “soft measure" can be assessed.
The study is accompanied by a “calculator" assessing the potential negative consequences of interrupted gas supply.
ACER is mandated to monitor the short-term gas supply outlooks published by ENTSOG for both winter and summer periods.
The summer outlook examines the potential evolution of the gas supply as well as the ability of the gas infrastructures to meet the demand, exports, and the storage injection needs during the summer.
The winter outlook assesses the storage levels before the winter season begins and uses simulations to assess the flexibility of gas infrastructure to dispatch gas supply to meet demand during the winter.
Gas storages play an important role in the European gas system as they supply up to 25-30% of the total gas consumed in the Union during winter. The energy crisis which followed Russia’s invasion of Ukraine in February 2022 underscored the importance of having adequately filled gas storages across Europe to enhance the preparedness for potential gas supply disruptions.
ACER, based on information provided by NRAs, periodically reviews and reports on national gas storage regulations.
The TEN-E Regulation introduced the so called “Projects of Common Interest" (PCIs). PCIs are infrastructure projects which have a significant impact on the EU electricity and gas systems, and help the EU achieving its energy policy and climate objectives: ensuring affordable, secure, and sustainable energy for all citizens.
PCIs also play a key role in the long-term decarbonisation of the economy in accordance with the Paris Agreement.
The PCI label helps accelerating the planning, streamlining permit granting and thus facilitating faster commissioning of projects, which bring the highest value to the European consumer.
Every two years, the European Commission draws up a list of PCIs, starting with the first list in 2013.
In April 2022 the fifth PCI list entered into force, with 98 projects in total: 72 electricity transmission, storage and smart grid projects, 20 gas and 6 CO2 network projects.
On 3 June 2022, the revised TEN-E Regulation was published in the Official Journal of the European Union.
The new Regulation, among others, aims to:
conform the infrastructure development to reflect the climate mitigation’s targets,
promote the integration of renewables and of clean energy technologies into the energy system,
continue to connect isolated regions,
strengthen existing cross-border interconnections and
promote cooperation with partner countries.
What is it about?
Documents
ACER participates in the identification of projects of common interest (PCIs) and monitors their implementation annually.
In addition, the Agency contributes to:
Developing cost-benefit analysis methodologies to identify the best projects from a socio-economic perspective
Providing guidelines to facilitate the allocation of projects' costs across borders (CBCA)
Creating a cooperation framework for NRAs to establish and publish a set of unit investment cost indicators and corresponding reference values for gas infrastructure
Sharing best practices on regulatory incentives.
ACER has also proposed legislative changes to improve the planning and implementation of electricity and gas infrastructure and their governance, based on its experience with the implementation of the TEN-E regulation.
The European Commission is developing legislative proposals (as part of the Grids Package) to improve and simplify the current legal framework. This includes the revision and simplification of the 2022 Trans-European Energy Networks Regulation (TEN-E Regulation), a key framework for the European energy infrastructure development.
In March 2021, ACER and CEER published a position paper to set out recommendations on 6 main issues. The paper calls for neutral and independent technical assessment of infrastructure projects and improved regulatory oversight so that the projects bringing most benefits for the European Green Deal are supported and to avoid any risks of unjustified costs to European consumers.
Already in July 2020, ACER and CEER set out their recommendation to the European Commission (as it began developing its proposals on revising the Trans-European Energy Networks Regulation) in a Position Paper on the Revision of the Trans-European Energy Networks Regulation (TEN-E) and Infrastructure Governance. The proposals highlight how the legislative changes could improve the planning and implementation of electricity and gas infrastructure. The paper also advises on improving the infrastructure development governance, the principles for PCI scope, and the TEN-E processes.
Previously, ACER issued two other Position Papers (2016) and (2017) about possible improvements of the European framework for energy infrastructure development related to the TEN-E Regulation.
ACER contributes to efficient and consistent gas network development plans by monitoring the development and implementation of the European-wide TYNDP. ACER also reviews the consistency and complementarity of national, regional and European network development plans.
Additionally, the Agency monitors the implementation of the projects of common interest, which are a subset of the projects listed in the TYNDPs, as well as the gas regional investment plans (GRIPs).
What is the TYNDP and why is it important?
Every two years, ENTSOG publishes a non-binding Ten Year Network Development Plan (TYNDP), which looks forward over a ten-year horizon and includes a European supply adequacy outlook. These periodically updated plans are essential for identifying the need of new infrastructure projects to ensure an adequate level of security of gas supply. The TYNDP must be consistent with the National Development Plans (NDPs).
The Projects of Common Interest (PCIs) are selected from the most recent TYNDP via a separate process led by the European Commission. The TYNDP should provide essential and comprehensive information for the selection of PCIs, particularly a complete, monetised, and trustable cost-benefit analysis results.
What is the role of ACER?
ACER is mandated to monitor the development and execution of ENTSOG's Plan. As a result, ACER issues an opinion on the draft TYNDP taking into account the objectives of non-discrimination, effective competition, and the efficient and secure functioning of the internal gas market.
What are ACER's recommendations for improving future gas TYNDPs?
In July 2024, ACER published its feedback on ENTSOG’s “Implementation Guidelines and other complementary guidance documents” for the 2024 TYNDP, recommending further improvements (see our communication).
ACER periodically reviews the national network development plans to assess their consistency with the EU TYNDP. As a result, ACER issues Opinions including recommendations for improving the consistency between future network developments plans.
Transmission system operators (TSOs) establish regional cooperation within ENTSOG and publish a Gas Regional Investment Plan (GRIP) every two years. Based on this plan, TSOs can take investment decisions. ACER monitors the level of regional cooperation of TSOs within the GRIPs, and takes account of the outcome when formulating its views.
Consistency of gas and hydrogen network developments
In an integrated energy system, network planning and operation are carried out via a holistic approach for both large-scale and local infrastructures. This includes all the energy carriers (electricity, gas, blended, hydrogen, CO2, heating, district energy, liquid fuels) and would cover a longer timeframe than the ten years required by the current networkplanning.
Such integrated approach is generally missing in the current energy market design and regulatory framework, with only few exceptions:
The “Recast Renewable Energy Directive" (2018) establishes that Member States require electricity distribution system operators to assess at least every four years, in cooperation with the local heating or cooling operators, the potential for district heating or cooling systems to provide balancing and other system services and whether this would be more resource and cost efficient than alternative solutions.
The “Recast Electricity Directive" (2019) has established the obligation for TSOs to consider alternatives to network expansion such as energy storage installations, including power-to-gas facilities. It has also established specific and exceptional conditions for Member States to grant their electricity TSOs the possibility to develop, manage, or operate energy storage facilities while the current gas regulatory framework does not allow it.
Network planning and operation: a holistic approach
ACER and CEER highlighted the importance of precluding network operators from investing in potentially competitive activities and open to the possibility of granting limited exemptions to invest in market assets to get the market started, following a careful analysis of cost and benefits of the proposed investment and its impact on competition, with some requirements and restrictions to avoid any market abusive behaviours.
The European Commission Communication Powering a climate-neutral economy: An EU Strategy for Energy System Integrationconsiders a new and holistic approach to infrastructure planning and operation as a key driver for decarbonisation via energy system integration. This would be achieved by, among others, reviewing the scope and governance of the Ten Years National Development Plan, as well as of the TEN-E and TEN-T regulations to support a more integrated energy system, the acceleration of investments in renewable-based district heating and cooling networks.
