What is the scope of contracts reportable at request of the Agency?
Answer: In line with Article 3(1) of the Commission Implementing Regulation (EU) No 1348/2014, the Agency can, upon a reasoned request and on an ad hoc basis, ask the market participants to report the following contracts and details of transactions, unless concluded on organised market places:
(i) Intragroup contracts.
(ii) Contracts for the physical delivery of electricity produced by a single production unit with a capacity equal to or less than 10 MW or by production units with a combined capacity equal to or less than 10 MW.
(iii) Contracts for the physical delivery of natural gas produced by a single natural gas production facility with a production capacity equal to or less than 20 MW.
(iv) Contracts for balancing services in electricity and natural gas.
It is important to note that market participants only engaging in transactions in relation to the contracts referred to in points (ii) and (iii) above (contracts for the physical delivery equal to or less than 10MW for electricity and 20 MW for gas) shall not be required to register with the NRA pursuant to Article 9(1) of REMIT.
In relation to all four groups of contracts mentioned above in (i) to (iv), ACER staff letters issued by the Agency’s Market Integrity and Transparency Department and Market Surveillance and Conduct Department provide time-limited no-action relief, by indicating that such data shall not be requested until specified deadlines. (See no-action relief letters published at: https://www.acer.europa.eu/remit-documents/guidance-remit-application). It is noted, nevertheless, that NRAs may still require such data under their relevant national legislation, without prejudice to any obligation to register as a market participant and to the Agency’s possibility to request additional information and clarifications from market participants and reporting parties in relation to their reported data pursuant to Article 6(8) of the Commission Implementing Regulation (EU) No 1348/2014.