II.5.3.
When did the data reporting start?
Answer:
The data reporting obligation of market participants is specified in more detail by the Commission Implementing Regulation (EU) No 1348/2014. Depending on the transactions that the market participants were entering into, the reporting was divided into two phases with two different timelines.
The first phase of data collection started nine months following the entry into force of the Commission Implementing Regulation (EU) No 1348/2014, i.e. on 7 October 2015 [17]. The first phase concerned the reporting of reportable wholesale energy contracts admitted to trading at organised marketplaces and of fundamental data from the ENTSOs central information transparency platforms.
The second phase of data collection started 15 months following the entry into force of Commission Implementing Regulation (EU) No 1348/2014, i.e. on 7 April 2016[18]. The second phase concerned the reporting of the remaining reportable wholesale energy contracts (OTC standard and non-standard supply contracts; transportation contracts) and of reportable fundamental data from TSOs, LSOs and SSOs.
For more information about the implementation after of the adoption of the Commission Implementing Regulation (EU) No 1348/2014, please see section 3 of this Q&A.
Regulation (EU) 2024/1106 (Regulation amending REMIT) entered into force on 7 May 2024 and introduced several new or revised provisions which expanded the scope of who should report and what should be reported to the Agency. As an example, storage contracts were added to the definition of wholesale energy products in Article 2(4) of REMIT, bringing storage into the scope of REMIT. Also, on 4 August 2024 Article 83 of Regulation (EU) 2024/1789[19] entered into force and brought hydrogen into the scope of REMIT.
However, ACER understands that the reporting of certain contracts or information, not currently foreseen in the Commission Implementing Regulation (EU) No 1348/2014, needs to be incorporated before reporting of this data can commence. The data reporting will thus continue based on the Commission Implementing Regulation (EU) No 1348/2014, until the Implementing Regulation has been revised. The revision of the Commission Implementing Regulation (EU) No 1348/2014 is expected within 12 months from the entry into force of the Regulation amending REMIT, i.e. by 8 May 2025, as per Article 8(1a) of REMIT.
[17] For more details please see Article 12(2) of Commission Implementing Regulation (EU) No 1348/2014. [18] Ibid.
[19] Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast).