Should wholesale energy contracts concerning very small amounts of energy be reported to the Agency?
Answer: Wholesale energy contracts are to be reported to the Agency in line with Article 3(1) of Commission Implementing Regulation (EU) No 1348/2014. However, small contracts for the physical delivery of
(i) electricity produced by production units with capacity of equal or less than 10 MW, or
(ii) gas produced by production units with capacity of equal or less than equal or less than 20 MW,
shall be reportable only upon reasoned request of the Agency and on an ad-hoc basis, unless concluded on OMP. The Commission Implementing Regulation (EU) No 1348/2014 defines the reporting of small contracts in its Article 4(1)(b) and (c).
Please note that the effectivity of the ‘No-action letter’ to provide time-limited no-action relief from the requirement to report contracts and details of transactions in relation to those contracts listed in Article 4(1) of Commission Implementing Regulation (EU) No 1348/2014 upon reasoned request of the Agency expired on expired on 31 December 2017. The No-action letter is available here: https://www.acer.europa.eu/remitdocuments/guidance-remit-application.