III.2.26.

Article 6(1) of Commission Implementing Regulation (EU) No 1348/2014 defines that organised marketplaces shall, at the request of the market participant, offer a data reporting agreement. If market participants wish to report data through the organised marketplaces, do organised marketplaces necessarily have to become a RRM or would they be allowed to delegate the actual data reporting to a third-party?

Answer: With the entry into force of Regulation (EU) 2024/110621 (Regulation amending REMIT) on 7 May 2024 an obligation was introduced in Article 8(1a) on organised marketplaces to report details of their order book(s) on behalf of all market participants active at the organised marketplace, thereby fulfilling the market participants reporting obligations.

This provision overrides the provision in Article 6(1) of Commission Implementing Regulation (EU) No 1348/2014 (REMIT IR), in line with the EU hierarchy of norms.22 It is up to the individual organised marketplace to decide how to implement Article 8(1a), some may choose to conclude data reporting agreements with all market participants active on their platform and some may choose to incorporate the data reporting into their general service agreement.
Nevertheless, there is no obligation for the organised marketplace itself to become an RRM. The organised marketplace can delegate the reporting of the data to a third-party (which must be an RRM following Article 8(1) of REMIT).

Please note that, by 8 May 2025, the Commission shall revise the REMIT IR and adopt a delegated act on the authorisation and supervision of registered reporting mechanisms which may affect the answer to this question.