Article 9 concerns the registration of market participants:
– Market participants entering into transactions for which a declaration to the Agency is mandatory (…) shall register with the national regulatory authority of the Member State in which they are established or resident or (…) of a Member State in which they exercise an activity. “(Article 9(1))
– Market participants (…) shall submit the registration form to the national regulatory authority before entering into a transaction” (Article 9(4)).
Principles of registration
– The registration of the market player is carried out with a single national regulator.
– It is the responsibility of the market participant to communicate to the national regulator any registry change
– Registration is in no way a licence or authorization to carry out transactions
– Each market player receives a unique identifier: the ACER code.
In particular, entities that may be required to report to ACER with the following data (Article 4 of the implementing acts) :
– Intra-group transactions and contracts
– Balancing and balancing contracts
ACER publishes and frequently updates the list of actors registered at the European level as well as their ACER8 code
REMIT: Obligation to transmit data
REMIT provides for the collection of fundamental data and transactional :
– The data is collected by ACER for monitoring purposes “[ACER] collects the data to assess and monitor wholesale energy markets” (Article 7(1))
– Data is shared with national regulators ” National regulatory authorities have access to relevant information held by the agency that collected it” (Article 7(2)) and “the Agency shall establish mechanisms to share the information it receives” (Article 10(1)).
– The data to be reported to ACER are detailed in the Commission implementing acts European Union according to Articles 8(2) and 8(6) of REMIT.
Principles of data collection :
– avoid double REMIT reporting: collection should be carried out where possible from sources
existing (e.g. data collected under the financial regulation)
– national regulators may collect additional data at national level 9
Implementing Regulations: Contracts to be declared with ACER
The implementing regulation (EU) No 1348/2014 of the Commission of the 17 December 2014 specifies the data to be transmitted to ACER in the REMIT framework :
– transactions for the supply of electricity or gas with delivery within the Union, including contracts for the supply of electricity or natural gas to end customers with technical capacity to consume 600 GWh/year or more (Article 3)
– transactions relating to the transport of electricity or gas within the Union (Article 3)
– basic data on electricity and gas (Articles 8 and 9)