II.4.16.
Does a market participant with multiple sites in Europe have to register within CEREMP in every country it trades/is active?
Answer: According to Article 9(1) of REMIT, market participants entering into transactions which are required to be reported to the Agency pursuant to Article 8(1) shall register with the national regulatory authority in the Member State in which they are established or resident. With regards to the registration, according to settled case law of the Court of Justice of the European Union, a legal or natural person can be established in more than one Member State. The legal or natural person is established in the Member State(s) in which it pursues a professional activity on a stable and continuous basis10. If a market participant is established in more than one Member State, the Agency would normally expect market participants to register in the Member State in which they have their primary establishment. According to Article 9(1) of REMIT a market participant shall register only with one national regulatory authority. Member States shall not require a market participant already registered in another Member State to register again.
By 8 November 2024, market participants established or resident in a third country that are entering into transactions which are required to be reported to the Agency pursuant to Article 8(1) shall also comply with the obligations defined in the second paragraph of Article 9(1), by designating a representative in a Member State in which the market participant is active on the wholesale energy markets. It is the Agency’s understanding that such market participants may choose in which Member State to designate their representative, as long as the market participant is active in that Member State and subsequently register themselves in the same Member State. This means the registration and designation of a representative must be in the same Member State, however, ACER considers it sufficient to be registered and have a designated representative in one Member State only for the whole of the European Union.