III.3.3.

What is the scope of contracts reportable at request of the Agency?

Answer: In line with Article 3(1) of the Commission Implementing Regulation (EU) No 1348/2014, the Agency can, upon a reasoned request and on an ad hoc basis, ask the market participants to report the following contracts and details of transactions, unless concluded on organised market places:

(i) Intragroup contracts.

(ii) Contracts for the physical delivery of electricity produced by a single production unit with a capacity equal to or less than 10 MW or by production units with a combined capacity equal to or less than 10 MW.

(iii) Contracts for the physical delivery of natural gas produced by a single natural gas production facility with a production capacity equal to or less than 20 MW.

(iv) Contracts for balancing services in electricity and natural gas.

It is important to note that market participants only engaging in transactions in relation to the contracts referred to in points (ii) and (iii) above (contracts for the physical delivery equal to or less than 10MW for electricity and 20 MW for gas) shall not be required to register with the NRA pursuant to Article 9(1) of REMIT^[1].

[1] In relation to all four groups of contracts mentioned above under (i) to (iv), please note that the effectivity of the ‘No-action letter’ to provide time-limited no-action relief from the requirement to report contracts and details of transactions in relation to those contracts listed in Article 4(1) of Commission Implementing Regulation (EU) No 1348/2014 upon reasoned request of the Agency expired on expired on 31 December 2017. The Noaction letter is available here: https://www.acer.europa.eu/remit-documents/guidance-remit-application