Detect

ACER uses a holistic approach to detect potential suspicious behaviour. 

The different kinds of suspicious behaviour presented in ACER's Guidance Notes are translated into logic that creates bespoke alerts. 

A surveillance tool, tailor-made for EU wholesale energy markets, is used to construct, trigger, prioritise and screen the alerts.

The detection of suspicious behaviour happens on two levels:

  • the first level of detection already happens when the alerts are triggered, as they automatically screen the REMIT data and trigger when they detect instances of behaviour that meet the alert logic and parameters.

  • The second level happens when the surveillance analysts screen the triggered alerts and assess the gravity of the suspicious behaviour.

ACER aims to revise the alert logic and parameters on a regular basis to enhance their effectiveness and efficiency, and to make sure they are adjusted to the latest market developments. 

ACER always keeps an eye out for potential data quality issues and acts appropriately to resolve them. ​​

ACER holistic approach
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Data Quality

​​ACER is committed to ensuring high-quality transaction and fundamental data reporting, and will continue to devote specialist supervisory efforts to this endeavour to further advance its market monitoring capabilities.

As part of its data quality framework, ACER assesses and ensures the data received under REMIT and the Implementing Regulation are complete, accurate and timely. These data quality assessments are performed regularly on different data sets, covering transactions executed either at different organised market places or bilaterally.​

The REMIT data quality assurance is based on a two-stage approach​.

ACER’s data quality assurance at a glance
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​During the data collection stage, data is inserted into the ACER's REMIT Information System (ARIS), where the validation rules are applied to the data. 

T​here are two levels of data validation: the first is performed on a technical level, while the second, more in-depth, is managed at the database level. Here, integrity checks are undertaken across the reported and reference data. Any invalid data is rejected and flagged.

Data validation ensures the quality of the collected data, so they can be stored in ACER's REMIT database. ​

​The data quality assessment stage applies other methods to confirm the quality of the data and ensures a timely follow-up.

Non-compliant data at either stage can lead to the enforcement of Article 8 of REMIT. ACER seeks to solve any data quality issues by cooperating with reporting parties, but enforcement action will be initiated if necessary.​

 

Dimension Description Example
Completeness Have all data sets and items been reported? The proportion of the stored data against the required 100% completeness.
Uniqueness Is there a single view of the data set? Every record should be reported only once. If reported twice, the system should detect it.
Timeliness Is the data reported within the timeline defined by the Regulation and IAs? The time difference between the timestamp of when a record was reported and when the business event occurred.
Validity Does the data comply with schemas and passes the validation rules? The extent to which the received data is valid. The number of records that have been rejected compared to the total dataset.
Accuracy Does the data reflect the actual business event? The degree to which the record correctly describes the business event reported (correct price, volume, units, time-stamps, identifiers).
Consistency Can we match the data set throughout the various RRMs? No differences when comparing more representations of the same or similar business event.

​​

1. Data collection stage
2. Data quality assessment stage
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Data Collection

Data Collection at ACER

ACER is mandated by RE​MIT to monitor the trading activity of wholesale energy products to detect and prevent market manipulation and trading based on inside information. ACER also collects data to assess and monitor the wholesale energy markets.

The European Commission's Implementing Regulation (2014), provide specifications on how ACER should collect the data, the data reporting obligations, as well as the timeline of implementation.

At ACER, the data collection process is managed by the Market Information and Transparency (MIT) department, and is based on five pillars:

  • Registration of market participants 

  • Registration of reporting parties 

  • Data reporting management 

  • Data quality analysis of collected data 

  • Inside Information collection and disclosure 
     

Data Collection at ACER

​The data collection process started on 7 October 2015, following this implementation timeline:

    • Adoption of REMIT (25 Oct 2011)

    • Adoption of REMIT Implementing Regulation (17 Dec 2014)

    • Entry into force of REMIT Implementing Regulation (7 Jan 2015)

    • Start of RRM registration (8 Jan 2015) with publications of Manual of Procedures on Data Reporting, RRM requirements, List of OMPs and TRU​M

    • Start of MP registration (17 Mar 2015) with publications of European Register of Market Participants and List of Standard Contracts

    • Start of data collection of OMP contracts and ENTSO’s fundamental data (7 Oct 2015)

    • End of backloading of outstanding OMP contracts (5 Jan 2016)

    • Start of data collection of all reportable trade and all fundamental data (7 Apr 2016)

    • End of backloading of outstanding OTC standard, OTC non-standard and transportation contracts (6 Jul 2016)

    • ​Start of collection of inside information web feeds (2017).​​

Since January 2015, ACER has been regularly publishing and updating three reference data lists:

Periodic updates on the data collection process are provided in the REMIT Quarterly publication.

A brief historic introduction
Find out more about ACER data collection:
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Academia and institutions

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​​​​​ACER is committed to establishing and maintaining a strong working relationship with European academics and researchers. 

Collaboration with academia is necessary in preparing ACER for future challenges and opportunities created by advances in science and technology.​

A forward-looking engagement

​Academics and researchers can participate in the work of ACER in several ways:

  • as members and experts of ACER's ad hoc expert groups

  • as seconded national experts

  • as short-term visiting experts

  • by contributing to ACER's public consultations

  • by taking part in ACER's conferences and workshops

  • by proposing REMIT data research projects for scientific purposes, subject to confidentiality requirements​​​
     

ACER is working to make non-sensitive data available for scientific purposes to further expand its collaboration with academia and contribute to effective knowledge sharing.​

How do we cooperate?
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REMIT Expert Groups

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​​​​ACER can set up expert groups to provide ad hoc support and advice on REMIT topics.

In appointing the expert groups' members, ACER seeks to ensure a balanced representation of market participants, organised markets and other persons professionally arranging transactions, users and distributors of wholesale energy market information (e.g. information providers, analysts), and ENTSOs.​

On 1 December 2022, a call was launched for an expert group on LNG price assessment/benchmarks. This expert group will provide advice and contribute to ACER’s new tasks related to LNG price assessment and/or benchmarks.

On 23 October 2023, a call was launched for two new REMIT expert groups. One expert group on wholesale energy market integrity and transparency and one expert group on wholesale energy market data reporting. These expert groups will advise and contribute to ACER’s work on issues related to REMIT surveillance, conduct, integrity, and transparency and REMIT data reporting.

The groups meet on an ad hoc basis, at least twice per year.​

Fostering market integrity and transparency
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Previous REMIT expert groups
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Reporting parties

​​​Since the entry into force of the European Commission's Implementing Regulation, market participants and third parties acting on behalf of market participants are obliged to provide ACER with a record of their wholesale energy market transactions, including orders to trade.

ACER registers market participants and third parties reporting on their behalf as registered reporting mechanisms (RRMs) to ensure efficient, effective and safe exchange and handling of information. ​

Find out more about the process of data collection and data reporting.

What's the role of ACER?

​Roundtable meetings

​To discuss the views and practices of the reporting parties on REMIT data collection, ACER regularly organises Roundtable meetings in Ljubljana. These meetings are attended by: 

-          Associations of energy market participants (AEMPs)​

AEMPs represent registered market participants in communication with ACER during Roundtable meetings.

-          Inside information platforms (IIPs)​

IIPs enable market participants to share inside information with the wider public, in accordance with the minimum quality requirements listed in the ACER Guidance.

-          Organised market places (OMPs)​

OMPs include electricity and gas exchanges, brokers and other persons professionally arranging transactions, and trading venues.

-          RRMs​ 

RRMs represent all registered reporting entities, and include market participants, OMPs, ENTSOs, and third party reporting on behalf of entities under the data reporting obligation. ​​

Webinars

​To dynamically address any operational topics and ad hoc issues the reporting parties may be facing, ACER also holds periodic webinars with RRMs and OMPs.

These webinars are organised on ad-hoc basis, and the attendees can propose discussion topics via dedicated forms.

​Public consultations

ACER regularly launches public cons​ultations​ to invite all interested parties to provide their views on specific data collection issues.

Access ACER closed public co​​nsultations​.

How do we cooperate?
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National regulatory authorities (NRAs)

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National regulatory authorities (NRAs) have a key role to play in ensuring that each European country meets its targets for energy markets and implements the relevant EU regulatory policy. 

In order to maintain the proper functioning of the single European market in gas and electricity, ACER supports NRAs in performing their regulatory function at European level and coordinates their contributions. ​

The key role of NRAs
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​ACER Working Groups are established based on a Direc​​​tor's Decision​ and can advise on the Agency's regulatory activities. They are composed of representatives from ACER, from NRAs, and from the European Commission.

To facilitate knowledge sharing and support the NRAs in the implementation of REMIT, ACER has established dedicated working groups, committees and task forces:

The ACER REMIT Committee (ARC) convenes on a quarterly basis.

There are currently two REMIT task forces reporting to the ARC. Task forces (TF) are informal, ad hoc groups, set up by the ACER Working Groups Chairs to provide expert support on specific topics.

Provides guidance to the NRAs on the application of REMIT policies and monitors the NRAs' progress. Convenes approx. five times a year.

The following committees report to the ARC:

Focuses on the analysis of REMIT data collected via the data reporting process and the improvement of data quality. The MD SC convenes on a quarterly basis.

  • Market Coupling Project Team (MC PT)

Focuses on the efficient integration of market coupling data in the data reporting process. The MC PT convenes virtually on a biweekly basis.

Provides a forum to debate the application of REMIT to specific market abuse cases, on the surveillance of wholesale energy markets and the coordination on REMIT cases. Convenes approx. 5 times per year.

  • REMIT Information Security Implementation Group (RISIG)

Provides support, advice and coordination on the definition and implementation of ACER's REMIT information security policy. Convenes on a quarterly basis and carries out, upon request, ad hoc peer reviews of NRAs' compliance with the policy.​

  • ARIS NRA User Group (ANUG)

Provides support to the end users of ACER's REMIT Information System (ARIS). Convenes virtually on a bimonthly basis.

ACER-NRA groups, committees and task forces
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Cooperation

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​​ACER works closely with various authorities and institutions to ensure proper implementation of REMIT. In particular, ACER strives to enable a coordinated and consistent approach to the execution of REMIT tasks, as well as the effective investigation of the wholesale energy markets.

Who do we cooperate with?

  • national regulatory authorities (NRAs) 

  • reporting parties 

  • field experts through the REMIT Expert Group 

  • academia and institutions 

Who do we cooperate with?
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​Events

To further enhance interaction and exchange of ideas, ACER has been holding its annual Energy Market Integrity and Transparency (EMIT) Forum each September/October in Ljubljana since 2017. The event is attended by policy experts from the Member States, energy traders and consumers, transmission system organisations and NRAs.

ACER periodically meets with energy exchange surveillance technical experts and financial authorities via the Market Surveillance Forum (MSF) and the Energy Trading Enforcement Forum (ETEF).

ACER also regularly cooperates with the European​ Securities and Markets Authority (ESMA), the competent financial market authorities of the Member States and, where appropriate, national competition authorities. ACER also engages in international cooperation.

Memorandums of Understanding (MoUs)

The scope and practical terms of implementing the cooperation foreseen in REMIT is defined in a Memorandum of Understanding (MoU).

ACER has signed MoUs with NRAs, ESMA, organised market places (OMPs), and the US Federal Energy Regulatory Commission (FERC).

Whilst the MoU with the NRAs is a multilateral one, the MoUs with organised market places are bilateral. This allows organised market places to set out the content and procedures for the cooperation on more specific issues related to market monitoring under REMIT. ACER had signed MoUs with eight organised market places across the European Union.  ​

How do we cooperate?
Find out more about ACER’s Cooperation with:
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Enforcement decisions

Enforcement decisions

Overview of sanction decisions

REMIT prohibits market manipulation and insider trading in the wholesale energy markets, as well as imposing several obligations. Both can eventually lead to a sanction.

ACER strongly cooperates with the relevant NRAs to monitor the wholesale energy markets and effectively sanction REMIT breaches.

The table below gives an overview of decisions and sanctions of REMIT breaches:

 

Note:
Article 3 (insider trading)
Article 4 (non-disclosure of inside information)
Article 5 (actual or attempted market manipulation)
Article 8 (non-reporting of info to ACER)
Article 9 (non-registration)
Penalties for breaches of REMIT are imposed at national level in line with Article 13 of REMIT. 
Article 18 of REMIT establishes that the rules on penalties for breaches of Article 3 and 5 of REMIT are established by the Member States. The implementation regime is therefore different across Member States and some breaches of REMIT may be sanctioned under national provisions. Please consult the sources for the status of the proceedings and more information on the Decisions.
* This amount includes both the (i) fine and (ii) confiscated profit.​​​
** The fines expressed in other currency than EURO are converted in EURO using the ECB exchange rate on the day of the Decision.
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Coordination with relevant authorities

Coordination with relevant authorities

What's the role of ACER?

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ACER ensures that national regulatory authorities (NRAs) carry out potential REMIT breach case reviews and investigations in a coordinated and consistent way.

This is why ACER cooperates closely with NRAs, the European Securities and Markets Authority (ESMA), the competent financial market authorities of the Member States and, where appropriate, national competition authorities. ACER has also established strong links with major organised market places and engages in international cooperation​.

ACER's involvement in market abuse cases – through triaging and reviewing cooperation needs – has been steadily intensifying and becoming more and more frequent.

ACER interacts on REMIT cases more than 500 times per year, mostly by reviewing documents and processing requests ensuring a coordinated and consistent approach.

Coordination with relevant authorities

Some visible results

ACER's coordination activities on REMIT breach cases, combined with the NRAs' strong commitment, have already delivered visible results. 

Fines for over 230 million EUR were imposed to sanction market abuse in wholesale energy markets across the whole EU. 

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