III.3.34.

Are contracts for the supply  of liquefied natural gas (LNG) with delivery in the Union covered by the  scope of REMIT?

Answer: The Agency has already specified in its 1st, 2nd and 3rd editions of ACER guidance on the application of REMIT that ‘for further guidance on general definitions stipulated in Article 2 of REMIT (e.g. final customer, consumption etc.) reference is made to the relevant definitions in Directive 2009/72/EC, Directive 2009/73/EC, Regulation (EC) No 714/2009 and Regulation (EC) No 715/2009’. Pursuant to Article 2(7) of Directive 2009/73/EC, ‘supply’ means the sale, including resale, of natural gas, including LNG, to customers. Accordingly, it is therefore without doubt that contracts for the supply of LNG, where delivery is in the Union, are wholesale energy contracts pursuant to Article 2(4)(a) of REMIT.