In case of resell of gas capacity concluded outside an organised market (secondary allocation between two MPs), who should report the contract to ACER? How should it be reported?
Answer: A contract on transportation capacity of gas concluded bilaterally between two market participants outside an organised market place is considered a contract concluded on a secondary market. The reporting obligation for secondary transportation contracts applies to the involved market participants. In line with Article 6(3) of the REMIT Implementing Regulation, secondary transportation contracts which have been concluded outside an organised market shall be reported by both counterparties or third parties on their behalf. The market participant on whose behalf the report is sent should be represented via Field (27) Market participant identification of Table 4 of the Annex to the REMIT Implementing Regulation. The two legs of a transaction are matched through Data Field (5) Transportation Transaction Identification.
As indicated in FAQ 4.1.3., the Agency currently considers that secondary transportation contracts are non-standard contracts and therefore have to be reported on a T+1 month basis.