Which contracts must be declared (Articles 3 and 4 Implementing Act)? The following contracts must be declared to ACER:
(a) Contracts for wholesale energy products relating to the supply of electricity or natural gas with delivery within the Union:
- standard or non-standard contracts ;
- contracts for the supply of electricity or natural gas to a consumption unit with a technical capacity to consume 600 GWh/year or more ;
- options, futures, financial exchanges and other derivatives of contracts relating to electricity or natural gas produced, traded or delivered in the Union.
(b) Wholesale energy commodity contracts relating to the transmission of electricity or natural gas within the Union between two or more locations or markets:
- concluded as a result of the explicit allocation of primary capacity by or on behalf of the transmission system operator, specifying physical or financial rights or obligations ;
- concluded between market participants on secondary markets, specifying the physical or financial rights or obligations, including the resale and transfer of such contracts;
- options, futures, financial exchanges and other derivatives of contracts relating to the transmission of electricity or natural gas within the Union.
The following contracts and associated transaction data shall be reported only upon a reasoned request from ACER and on an ad hoc basis:
- intra-group contracts;
- contracts for small production (<10MW in electricity and <20MW in gas);
- contracts for balancing services for electricity and natural gas.
Please note: this only applies if these contracts are concluded outside organised marketplaces.
What are the definitions of standard and non-standard contracts (Article 2 Implementing Act)?
A standard contract relates to a wholesale energy product admitted to trading on an organised market place, regardless of whether or not the transaction actually takes place on that market place.
A non-standard contract concerns any wholesale energy product that is not a standard contract.
What is the definition of an organised market place?
An organised market place is:
(a) a multilateral system which ensures or facilitates the bringing together of multiple third-party buying and selling interests in wholesale energy products so as to result in the conclusion of a contract;
(b) another system or arrangement in which multiple third-party buying and selling interests in wholesale energy products can interact in a manner leading to the conclusion of a contract.
This includes electricity and gas exchanges, brokers and other persons arranging transactions on a professional basis, and trading venues within the meaning of Article 4 of Directive 2014/65/EU of the European Parliament and of the Council.
What is the list of fundamental data to be reported?
The basic data to be reported includes information on the capacity and use of facilities for the production, storage, consumption or transmission of electricity or natural gas, information on the capacity and use of LNG facilities, including planned or unplanned unavailability of such facilities (Section 8.5 REMIT or Section 2 Implementing Act).
Useful documents for data reporting
All documents are available in the REMIT Portal.
Overview of manuals
The Transaction Reporting User Manual (TRUM) explains the details of the transactional data to be reported. It also provides guidance on how to fill in the various data fields set out in the Annex to the Implementing Regulation. It is applicable for supply and transport contracts.
The Manual of Procedures for Data Reporting (MoP) is intended to assist REMIT reporting entities in reporting transactions, basic data and inside information. It provides the procedures, standards and electronic formats for reporting transactions, disclosing basic data and publishing inside information.
The MRR Registration Requirements Manual describes the requirements for transaction and fundamental data reporting and the registration process for reporting parties. It also explains how the Agency assesses whether the requirements are met.
Overview of the lists
The list of organised market places lists all organised market places.
The list of standard contracts helps market players to identify whether the contract they have is standard and thus makes it easier for them to identify which scheme they should follow to declare their contract.
The list of RRMs lists the different RRMs that are available for reporting data.