How shall electricity TSOs, in accordance with Article 4 of REMIT, publish inside information that also fulfils the requirements of Articles 9, 11, 12, 13 and 17 of Regulation (EU) No 543/2013?
Answer: As a preliminary point, it shall be reiterated that independently of whether or not the information related to the future changes to the transmission infrastructure (Article 9 of Regulation (EU) No 543/2013), the estimation and offer of cross-zonal capacities (Article 11 of Regulation (EU) No 543/2013), the use of cross-zonal capacities (Article 12 of Regulation (EU) No 543/2013), the congestion management measures (Article 13 of Regulation (EU) No 543/2013), and the system balancing (Article 17 of Regulation (EU) No 543/2013) is qualified as inside information under REMIT, this information has to be published on the ENTSO-E Transparency Platform according to Regulation (EU) No 543/2013.
According to Section 7.2.1. of the ACER Guidance, in order to achieve effective disclosure according to Article 4 of REMIT, the information shall be disclosed using a platform for the disclosure of inside information (Inside Information Platform or IIP).
Taking into consideration that:
i) the information covered under Articles 9, 11, 12, 13 and 17 of Regulation (EU) No 543/2013 is of special complexity;
ii) the ENTSO-E Transparency Platform takes that complexity into account and provides access to the respective information;
iii) the existing ACER format for the provision of this information is less granular than the one provided by the transparency platform; and
iv) ENTSO-E Transparency Platform is not yet an IIP,
then, it can be temporarily considered that in order to publish inside information of these categories effectively under REMIT, electricity TSOs can use the ENTSO-E Transparency Platform.
The TSOs that decide to use this option have to specify in CEREMP the ENTSO-E Transparency Platform as a place where they publish this type of inside information.