The EU framework that aims to prevent wholesale energy market abuse and support fair competition (REMIT) was revised in May 2024 to keep pace with evolving market dynamics. Following the ongoing discussions with relevant stakeholders after the adoption of the revised REMIT, ACER publishes today the updated:

• Transaction Reporting User Manual (TRUM) and its Annexes; and
• Guidance on reporting LNG market data.

These guidance documents help market participants with their data reporting obligations.

ACER has also released the minutes of the November roundtable meeting on data reporting.

What’s new in these ACER guidance documents?

• TRUM and its Annexes: the amendments mainly focus on clarifying the definition of Organised Marketplaces (OMPs), outlining their criteria and characteristics. This update aligns TRUM with the revised REMIT and aims to create a consistent understanding to help market participants, regulators, and other stakeholders identify and assess OMPs.
• Guidance on reporting LNG market data: the update aligns the legal references of the document with the revised REMIT, which now includes the collection of LNG market data for the publication of ACER’s daily LNG price assessment and benchmark.  

The updated TRUM and its Annexes are available in the REMIT Knowledge Base.

What was the roundtable meeting about?

On 26 and 28 November 2024, ACER organised a roundtable meeting on data reporting.

The event featured a joint session with the European Commission and gathered Associations of Energy Market Participants (AEMPs), OMPs, Registered Reporting Mechanisms (RRMs) and Inside Information Platforms (IIPs) to discuss the upcoming revision of the REMIT Implementing Regulation and other changes introduced by the updated REMIT. Stakeholders also received updates on the REMIT data reporting framework, including the TRUM.

ACER is forming a new Expert Group to provide advice on peak-shaving products. We are looking for experts (e.g. engineers and/or economists) with relevant expertise in electricity markets.

What are peak-shaving products?

Peak-shaving products are market-based tools that enable market participants to reduce their electricity consumption during peak demand periods in exchange for compensation.

Under the Electricity Market Design (EMD) Regulation, the Council can declare a regional or EU-wide electricity crisis if wholesale prices become excessively high. In such cases, Member States can direct system operators to use peak-shaving products to reduce power demand, helping to stabilise the grid and lower prices.

The EMD Regulation also mandates ACER to assess the potential impact of developing peak-shaving products on Europe’s electricity market under normal market conditions. To this end, ACER will launch a public consultation in spring 2025.

What will the Expert Group do?

The Expert Group will advise ACER on how developing peak-shaving products (i.e., products aiming to reduce electricity consumption during peak hours) might affect the EU electricity market. Experts will explore the products’ feasibility, main benefits, and potential drawbacks. They will also advise ACER in assessing whether these products can be introduced without disrupting the functioning of electricity markets or redirecting existing demand response services towards peak-shaving products.

The group will operate until summer 2025, with the possibility of extending throughout the year for further analysis.

How to apply?

Follow the instructions in the Open Letter, ensuring that you fulfill all the criteria. The deadline for application is Monday, 20 January 2025.

Read more about the Expert Group.

Today, ACER publishes its Monitoring Reports on electricity infrastructure, and security of electricity supply respectively.

ACER’s first electricity infrastructure Monitoring Report:

• Assesses the cost impacts of investing in electricity transmission and distribution networks to keep pace with the energy transition.

• Analyses how cross-border electricity network planning aligns with grid capacity needs.

ACER’s annual Monitoring Report on security of EU electricity supply:

• Examines implementation by Member States and the European Network of Transmission System Operators for Electricity (ENTSO-E) of the resource adequacy framework to safeguard Europe’s security of electricity supply.

• Provides new information on measures aimed at securing electricity supplies (i.e. national capacity mechanisms) and supporting non-fossil flexibility.

• Assesses whether national capacity mechanisms align with the European goals of decarbonisation and affordability.

What are ACER’s key findings?

• The stakes are high for the clean energy transition. Failing to address power grid capacity needs and the persistent support of fossil-fuel generators by capacity mechanisms risks delaying the energy transition. Europe has a unique opportunity. Speeding up grid development and increasing the capacity of existing grids play a big role in enabling decarbonisation.

• Containing system costs (one of the main drivers of electricity costs) is key for EU competitiveness: System costs refer to the expenses incurred beyond the cost of energy. These include grid-related costs, expenses associated with support schemes such as national capacity mechanisms, and other related expenditures which together add up significantly. ACER points to the need to contain the rise in costs: in 2023 the costs of capacity mechanisms increased by 40%. ACER’s monitoring forecasts network cost increase of 20-40% by 2030, and possibly up to 100% by 2050; if so, possibly endangering the overall affordability of electricity bills.  ACER points out that in many cases, increasing the capacity of existing electricity grids could be a less expensive alternative to new lines build-out.

• Implementation of the infrastructure planning and resource adequacy frameworks has advanced, but much more is needed promptly. For example, there is still no joined up (electricity and gas) infrastructure planning by the European gas and electricity transmission system operator bodies.

What are ACER’s recommendations?

• Prioritise efficiency:
  • Make better use of existing grids to increase grid capacity before building new ones.  
  • Ensure that any national capacity mechanism is firstly needed, well-designed, open to cross-border participation, and coordinated with any support schemes for flexibility to control costs.

• Further implement and improve the security of supply and infrastructure planning frameworks.

• Foster a more coordinated approach between Member States to lower security of supply costs and accelerate cost-efficient investments in regional infrastructure.

• Carefully monitor investments across all grid levels to track how grid developments align with the energy transition.

Would you like to find out more?

Dive into the reports and infographics:

Electricity infrastructure Monitoring Report.

Security of EU electricity supply Monitoring Report.

The Administrative Board of the EU Agency for the Cooperation of Energy Regulators (ACER) has extended the mandate of the current Director, Mr Christian Zinglersen, for another five-year mandate. This takes effect from 1 January 2025 until 31 December 2029.

Mr Zinglersen’s reappointment as ACER Director ensures continued leadership of the Agency at a time of significant challenges in EU energy markets, ambitious EU energy and climate goals and an expanded role for ACER. The Agency is on the path of significant growth, reflecting its expanding role following three major legislative packages adopted in 2024. These reforms (which aim to enhance electricity market integration, strengthen the oversight of energy markets to protect businesses from market abuse, and support gas decarbonisation) coupled with its previously mandated work shape ACER’s agenda for the years ahead.

Chair of ACER’s Administrative Board, Ms Edit Herczog, said:

“In the context of today’s planetary and geopolitical boundaries and the importance of energy to our society and the economy, the role of ACER in driving an interconnected EU energy ecosystem is vital. This is the mission of the ACER Director and leadership for the next five years.”

Chair of ACER’s Boards of Regulators, Ms Clara Poletti, said:

“The unanimous favourable opinion of the Board of Regulators to the Director’s reappointment underscores the national regulators’ belief in Mr Zinglersen’s strong leadership and his dedication to steering the Agency through its evolving mandate.”

On his reappointment as ACER Director, Mr Zinglersen said:

“I am honoured to have the trust and confidence of the ACER Boards to steer the Agency through its evolving mandate for the coming years. At ACER, we understand the real-world energy challenges and trade-offs that governments and stakeholders face. One such key challenge facing Europe, and a promise of the European Commission under its new political mandate, is to enhance EU competitiveness while reducing energy bills for companies and households. A key component here will be how Europe’s integrated energy markets evolve in the years ahead. Naturally ACER and our members, the National Regulatory Authorities (NRAs), will have a key role to play here if leaders across the EU decide to leverage further this potential asset.

Building trust is not built solely on shared values but also through ACER’s daily graft alongside the NRAs of monitoring energy markets and networks to ensure the rules are respected, removing barriers, increasing transparency, analysing data to detect market manipulation and insider trading, and providing evidence-based insights that help decision-makers make informed decisions about the trade-offs they face. As the saying goes, ‘The only easy day was yesterday’, reflecting that as our energy transition unfolds, there will be ample new and exciting challenges to devote ourselves to.”

The ACER Administrative Board’s decision (at its 11-12 December meeting) to reappoint Director Zinglersen was based on a proposal by the European Commission and supported by a favourable opinion from the ACER Board of Regulators. Ahead of the decision of the Administrative Board, Mr Zinglersen appeared before the ITRE Committee of the European Parliament (3 December 2024), answering questions from its members.

ACER has released its Opinion on the recent coordinated decisions to grant a temporary exemption for the STORK I pipeline from the requirement to establish permanent physical bi-directional gas flow capacity at the cross-border interconnection point (IP) ‘Cieszyn/Český Těšín’ between Poland and the Czech Republic.

What is bi-directional gas flow capacity?

Under the European Security of Gas Supply Regulation, Transmission System Operators (TSOs) must establish permanent physical capacity for gas transport in both directions (bi-directional capacity) at all IPs between Member States. However, temporary exemptions can be granted following a detailed assessment and consultations with stakeholders, other Member States, and the European Commission.

ACER’s assessment

ACER reviewed the coordinated decisions taken by the Czech and Polish responsible Ministries. Both decisions accept the respective TSOs’ proposals to grant the temporary exemption until the end of 2025.

ACER notes that:

• The exemption complies with regulatory requirements.
• The reverse gas flow project at this IP is unlikely to significantly enhance gas supply security (e.g. the N-1 indicator) in the Czech Republic. However, enabling reverse flow could offer some benefits for the Czech Republic, such as improved access to Liquefied Natural Gas (LNG) supplies from Poland.
• A market assessment by the project promoters shows no interest in developing transportation capacity from Poland to the Czech Republic.
• The exemption (valid until December 2025) allows more time to evaluate the project's necessity and feasibility.

Before the exemption expires, ACER recommends that project promoters reassess the project, focusing on:

• technical solutions on the Czech side to enable firm capacities and ensure permanent physical reverse flow capabilities;
• market interest and expected gas flows; and
• the project’s potential to reduce the Czech Republic’s dependency on Russian gas.

What are the next steps?

ACER has submitted its Opinion to the relevant authorities of the Czech Republic and Poland, as well as to the European Commission for further consideration. The Commission may choose to either raise no objections to the decisions or request modifications.

The 7th annual Energy Trading Enforcement Forum (ETEF), held on the 3 December 2024 in Ljubljana, brought together over 75 participants from the EU Agency for the Cooperation of Energy Regulators (ACER), the European Securities and Markets Authority (ESMA), energy National Regulatory Authorities (NRAs), and financial National Conduct Authorities (NCAs) to enhance regulatory cooperation in energy and financial markets.

Regulatory framework and cooperation

Regulatory oversight of potential market abuse of the trading in energy and financial products falls under two EU regulatory frameworks, namely the EU Regulation on Wholesale Energy Market Integrity and Transparency (REMIT) and the Market Abuse Regulation (MAR).

The ETEF is a key platform where energy and financial regulators and the two EU Agencies (ESMA and ACER) meet annually to share experiences on their supervisory activities and enforcement actions to better protect EU consumers and businesses from energy market abuse.

Revised REMIT, market abuse cases and Artificial Intelligence (AI) top the agenda

A key focus of the 7th annual ETEF discussions was on the enhanced REMIT regulatory framework.  The revised REMIT Regulation (which came into effect on 7 May 2024) introduces new measures to better protect the EU citizens and businesses from energy market abuse.

• It brings a closer alignment of the EU definitions and provisions for transparency and integrity of energy markets with those in the financial markets.
• It grants ACER new investigatory and enforcement powers in certain cross-border cases.
• Furthermore, it calls for a reinforced cooperation between energy and financial regulators, strengthening their ability to detect, prevent, investigate and enforce the prohibition of market abuse in energy markets.

This year’s ETEF also consolidated the cooperation principles for market abuse cases which simultaneously fall under REMIT and MAR (i.e. cases involving wholesale energy products which are also financial instruments). Such cases need close cooperation to ensure effective enforcement among all national and European authorities involved.

The growing role of artificial intelligence (AI) in energy and financial markets’ trading was also a major topic of interest, together with the sharing of regulatory experience in detecting and investigating the most common types of market abuse.

For more information on the work of ACER and ESMA to protect energy and financial markets from abuse, visit the dedicated pages on the ACER and ESMA websites.