Market abuse

Market abuse

What's the role of REMIT?

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​​​REMIT protects the integrity of wholesale electricity and gas markets by reducing instances of market abuse and increases the EU consumers' confidence in market outcomes. 

Market abuse can be either market manipulation or insider trading.

REMIT prohibits market participants to engage in or attempt market manipulation​. This includes performing fa​​​lse or misleading transactions, price positioning which secures or attempts to secure the price at an artificial level, as well as transactions involving fictitious devices or deception, and the dissemination of false and misleading information.

REMIT prohibits using or disclosing inside information​ or recommending other persons to use inside information – with few strict exemptions. ​

Consult the ACER Guidance for more info on market abuse.

When you suspect a breach of REMIT, do not hesitate to report this through the Notification Platform​.

Market abuse

Overview of REMIT cases

The first figure shows the stock of potential REMIT breaches under assessment by NRAs at the end of each year.

 

The second figure shows the type of REMIT breaches reported to or by the Agency as a percentage over the total number of potential REMIT breaches reported.

 

The map shows the number of ongoing potential REMIT breach cases under assessment per Member State.

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Coordination on cases

Coordination on cases

What's the role of ACER?

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When a REMIT breach is found in the European wholesale energy markets, the final decision of enforcing the REMIT breach lies with the relevant national regulatory authority (NRA). ACER facilitates the delivery of consistent case-related decisions from the European NRAs in a coordinated way.

This decentralised approach fosters the prohibitions of market manipulation and insider trading, the obligations to publish inside information, to report data, to register as a market participant, to report suspicious behaviour as well as to have mechanisms in place to detect suspicious market behaviours.

ACER ensures the REMIT breach case reviews and investigations occur in a harmonised way. The Agency also coordinates with the European Securities and Market Authority (ESMA), financial authorities, competition and other relevant authorities.​

Coordination on cases

How to achieve case coordination?

​Case coordination is currently achieved via:

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Data Reporting

Data Reporting

Data Reporting Implementing Acts

The European Commission's Implementing Regulation (2014) set the conditions to uniform the implementation of the data reporting obligation.

The Implementing Regulation indicates the:

  • list of contracts and derivatives, including orders to trade, which are to be reported under Article 8 of REMIT,

  • minimum thresholds for the reporting of transactions, as well as the list of contracts to be reported only upon a reasoned request from ACER,

  • uniformed rules on the information reporting to be provided under Article 8 of REMIT,

  • timing and form in which the information is to be reported.​​

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Data Reporting

REMIT reporting guidance

Since 2015, ACER has provided all reporting parties with guidance on how to report transactions, including orders to trade and fundamental data.

The documents are available in the REMIT reporting guidance section of the REMIT Documents page, and are updated on a periodic basis to ensure the harmonisation of data reporting and to reflect any new developments of the energy market design.​​

Registration of reporting parties

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​​​​​To ensure efficient, effective, and safe exchanging and handling of information and data reporting, ACER has developed some technical and organisational requirements. 

ACER is tasked to assess whether reporting parties comply with these requirements. If so, the reporting parties are successfully registered.​

Reporting parties registration

​The reporting of transactions' records, including orders to trade, is performed by registered reporting mechanisms (RRMs). Since 2015, market participants and third parties reporting on their behalf (including organised market places), can apply to become RRMs via the RRM registration tool.

ACER has developed some key requirements that RRMs need to fulfil to ensure a harmonised reporting of both trade and fundamental data, as well as an efficient, effective and safe exchange and handling of information.​​

Reporting requirements
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Related Documents

Registration of market participants

​​​​​Any market participant entering into transactions in one or more wholesale energy market in the EU has to register with the national regulatory authority (NRA) in the Member State they are established in or resident. This obligation applies to any person, as well as to non-EU and non-EEA market participants if they are active in the EU wholesale energy markets.  

On 26 June 2012, ACER adopted a Decision determining the registration format​ as the building block for establishing the European Register of Market participants. The registration format is the outcome of a strong cooperation with the NRAs, the ACER’s Board of Regulators (BoR), as well as of an extensive consultation with stakeholders. 

The European Register of Market participants​

​The European Register allows to centralise market participants’ information across the EU, as each NRA in the Member States is required to establish a registration system. 

To support the NRAs, ACER has made the CEREMP​ system available to use at national level. However, the registration process is still managed nationally by the relevant NRA​.

The CEREMP system
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Inside Information Disclosure and Collection

​​​​Market participants are obliged to disclose inside information and should always inform ACER via web feeds.  ​

REMIT defines “inside information" according to four criteria:

  • It is of a precise nature

  • It is not public yet

  • It relates, directly or indirectly, to one or more wholesale energy products

  • If it was made public, it would likely significantly affect the prices of those wholesale energy products.

Inside information should be di​​​​​sclosed in a manner that enables dissemination to a public as wide as possible. This is why the disclosure of inside information effectively happens through central platforms aggregating urgent messages from market participants (i.e. Inside Information Platforms – IIPs). In 2020, ACER started to register IIPs as Regulated Information Services (RISs).

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The IIPs' web feeds have to meet the criteria set out in ACER's REMIT Guidance and the Manual of Procedures on data reporting.

The main purpose of RIS registration is to provide a public list of IIPs complying with ACER's REMIT Guidance criteria, which can be used by market participants for the effective disclosure of inside information.​

What is inside information?
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ACER Guidance on REMIT application

ACER Guidance on REMIT application

REMIT Guidance

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​​ACER regularly produces and updates a non-binding Guidance for National Regulatory Authorities to ensure effective coordination and consistency in their monitoring activities under REMIT (particularly Article 2).

The Guidance concerns the application of REM​IT, ensuring that the application of the definition reflects the evolving market conditions, the latest experience gained in the REMIT application, as well as the fe​​edback received from market participants and other stakeholders.

ACER also publishes Guidance Notes, providing in-depth information on specific types of market abusive practices.​​

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Market surveillance

​​​​​​ACER is in the unique position to carry out the market surveillance of the European wholesale energy markets. It is committed to notifying all potential instances of market abuse to the National Regulatory Authorities (NRAs) for their investigation and enforcement.

Through its market surveillance activities, ACER contributes to trustworthy market outcomes that are in the interest of European energy consumers​.

A unique position in Europe
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How to submit questions related to REMIT?

How to submit questions related to REMIT?

REMIT Questions

Stakeholders can submit any REMIT-related questions that are not addressed in the existing documentation via the online REMIT Query Form.

Questions related to the registration of market participants should be addressed to the relevant national regulatory authority (NRA). ​

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How to register as a registered reporting mechanism?

How to register as a registered reporting mechanism?

RRM Registration

Registered Reporting Mechanisms (RRMs) report trade and/or fundamental data directly to ACER under REMIT. 

RRMs must comply with the technical and organisational requirements for the reporting of data defined in the RRM Requirements document, and are registered by ACER to provide the service of reporting.

The process on how to register an RRM is described in the RRM Require​ments.

Before initiating the registration process, please carefully read all the information to understand the requ​irements the RRMs have to fulfil.

As of 2021, the reporting services are subject to fees charged by ACER to RRMs.

 

 

 

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