III.3.21.

What if an organised market place (OMP) does not offer a data reporting agreement at the request of the market participant as defined in Commission Implementing Regulation 1348/2014 [or is not a registered as an RRM by 7 October 2015]?

Answer: In line with Article 6(1) second subparagraph of Commission Implementing Regulation (EU) No 1348/2014, the OMP, where the wholesale energy product was executed or the order was placed, has an obligation, at the request of the market participant, to offer a data reporting agreement.

If the OMP does not offer a data reporting agreement or is not registered as an RRM, and therefore cannot offer a data reporting agreement, the OMP will have to nominate a third party RRM and will have to fulfil its obligation to offer a data reporting agreement through the nominated third party RRM. The nominated third party RRM would offer a data reporting agreement to market participants on behalf of the OMP.