The issues relate to interpretation of the REMIT transaction reporting obligations with respect to our role, as an energy supplier within XX country, in contracting with end users.
Below is a high level summary of the types of contracts we enter into with end-users along with assumptions we are making and points of clarification we are seeking.
Fixed Price Supply Contracts:
Fixed price supply contracts include a commodity component within the unit rates charged for energy. This component is typically determined by the wholesale market price on the day of contract acceptance. Such “transactions” are understood to be in scope of REMIT transaction reporting obligation subject to the following:
- reportable only where the contract includes 1 or more sites with the capacity to consume more than 600GWh annually;
- it is the end users obligation to inform us, their supplier, if any of the contracted sites exceed this capacity limit.
Reportable in the non-standard format as:
- volume is not necessarily explicitly stated and, where it is, is an indication rather than a commitment to supply or consume the stated quantity;
- price is a tariff structure with rates including a number of both commodity & non-commodity (e.g. margin) components.
Reportable from Apr 16 and within 28-days of contract execution
Where the supply contract does not include any sites that meet criteria 1. (above) but the end user is a registered Market Participant, contracts are not deemed to be reportable
Flexible Supply Contracts:
Larger consumers within the I&C market for both gas & electricity, along with embedded generators (wind/solar farms, energy from waste producers) have an appetite to spread their risk over a period of time, rather than fixing 100% of their commodity costs on a single day.
To support this requirement XX energy supplier provides a variety of “Flexible” supply product offerings which allow customers to fix their energy price via a series of “price fixing” transactions for individual seasons, quarters, months, weeks, days (or even HH’s at their most granular level).
These transactions are conducted with the end user under the terms of their supply contract. They are not conducted under NBP97 or GTMA terms, nor are they conducted over a regulated market (MTF).
We are unclear as to the extent of the transaction reporting requirement for these types of contracts.
It is assumed the supply contract itself is reportable under the same criteria as a Fixed Price Supply Contract outlined above. If possible could you clarify which, if any, price fixing transactions would need to be subsequently reported? And whether these should be treated as non-standard also?
In Section (2) of Annex II of the Transaction Reporting User Manual (TRUM) there are examples of transaction reporting for both standard and non-standard contracts including examples of non-standard contracts to be reported with Table 2 in the Annex of the REMIT Implementing Regulation (EU) No 1348/2014, and examples of executions under the framework of non-standard contracts reportable with Table 1 of the same annex.
In Annex II of the TRUM it is also available guidance on the timing of the reporting of standard and non-standard contracts as well as executions under non-standard contracts.