Question 3.2.3 Data field (12)
Regarding the reporting of transactions with big energy consumers, should the field “contact date” indicate the date of signature of the contract or the date of the preliminary contract already binding?
The reportable date of the contract is the date of the first binding agreement.
For historical contracts the date of the last adjustment should be used at the time of reporting (new report).
The last adjustment in this context is the last agreed contract modification, which would be a life cycle event modification to the previous contract version, once the reporting obligation started. An example of a contract modification is when two parties agree to amend one or more terms of the original agreement (e.g. price, quantity) or any other information from the contract that would need to be reported as life cycle event, once the reporting obligation started.
Any following adjustment should be reported as life cycle event (modification).
For example, if a contract was signed in 2005 and reported as backload (new report), this should report the 2005 date:
Example 1: Contract signed in 2005 and reported to the agency in April 2016: the date to be reported is 2005.
If a contract was signed in 2005 and adjusted in 2015, then the report (new report) should show the 2015 date:
Example 2: Contract signed in 2005 and adjusted in July 2015 and reported to the Agency in April 2016: the date to be reported is July 2015.
Once the contract is reported to the Agency, then any amendment to it should be reported as life cycle event (modification) of the original contract:
Example 3, the contract was already reported to the Agency in April 2016 and modified in July 2016. This should be reported as modification report to the original contract with July 2016 date.
Please note that the REMIT Implementing Regulation makes reference to Article 40(1) of Directive 2009/72/EC and Article 44(1) of Directive 2009/73/EC which stipulate record keeping obligations of at least five years for the relevant data relating to all transactions in electricity and gas supply contracts and electricity and gas derivatives.