Is it correct, that in case of Article 3 (3) of REMIT there is no obligation within the TSO to establish "Chinese Walls" between TSO employees who procure energy products and those who manage the operation with these products? Is it also permissible that the short-term procurement of balancing energy products can be carried out by control room personnel, while in compliance with any publication duties and other obligations from REMIT?
Answer: According to Article 3(3) of REMIT, Article 3(1)(a) and (c) of REMIT shall not apply to transmission system operators when purchasing electricity or natural gas in order to ensure the safe and secure operation of the system in accordance with their obligations under points (d) and (e) of Article 12 of Directive 2009/72/EC or points (a) and (c) of Article 13(1) of Directive 2009/73/EC.
The stipulations of the directives referred to in Article 3(3) of REMIT entail that TSOs have to ensure a secure network operation and exchange the information necessary to fulfil that obligation with connected TSOs. In this light, whenever the exception of Article 3(3) of REMIT is applicable, the fact that the actual purchase is carried out directly by the control room staff is compliant with REMIT. The general purpose of REMIT is to prevent market manipulation and insider trading, without unnecessarily increasing the complexity of the TSO’s operational business.