REMIT

Regulation of Energy Market Integrity and Transparency

COMMISSION IMPLEMENTING REGULATION (EU) No 1348/2014 of 17 December 2014 on data reporting implementing Article 8(2) and Article 8(6) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council on wholesale energy market integrity and transparency

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (1), and in particular Article 8(2) and Article 8(6) thereof,

Whereas:

(1)Effective oversight of wholesale energy markets requires the regular monitoring of details of contracts including orders to trade as well as data on capacity and use of facilities for production, storage, consumption or transmission of electricity and natural gas.
(2)Regulation (EU) No 1227/2011 requires the Agency for the Cooperation of Energy Regulators (‘the Agency’) established by Regulation (EC) No 713/2009 of the European Parliament and of the Council (2) to monitor wholesale energy markets in the Union. In order to enable the Agency to fulfil its task it should be provided with complete sets of relevant information in a timely manner.
(3)Market participants should report to the Agency on a regular basis details of wholesale energy contracts both in relation to the supply of electricity and natural gas and for the transportation of those commodities. Contracts for balancing services, contracts between different members of the same group of companies and contracts for the sale of the output of small energy production facilities should be reported to the Agency only at its reasoned request on ad-hoc basis.
(4)In general, both parties to the contract should report the required details of the concluded contract. To facilitate reporting, parties should be able to report on each other’s behalf or use the services of third parties for this purpose. Notwithstanding this and to facilitate data collection, the details of transportation contracts acquired through primary capacity allocation of a transmission system operator (TSO) should be reported by the respective TSO only. The reported data should also include filled and unfilled capacity requests.
(5)In order to effectively uncover market abuses, it is important that next to the details of contracts the Agency can also monitor orders to trade placed on organised markets. Since market participants cannot be expected to record such data with ease, matched and unmatched orders should be reported through the organised market place where they were placed or through third parties who are able to provide such information.
(6)In order to avoid double reporting, the Agency should collect details of derivatives relating to contracts for the supply or transportation of electricity or natural gas which have been reported in accordance with applicable financial regulation to trade repositories or to financial regulators from those sources. Notwithstanding this, organised markets, trade matching or reporting systems, who have reported details of such derivatives under financial rules, subject to their agreement, should be able to report the same information also to the Agency.
(7)Efficient reporting and targeted monitoring requires standard and non-standard contracts to be distinguished. Since prices of standard contracts serve also as reference prices for non-standard contracts, the Agency should receive information regarding standard contracts on a daily basis. Details of non-standard contracts should be reportable up to one month from their conclusion.
(8)Market participants should also report to the Agency and, to national regulatory authorities, at their request, on a regular basis data in relation to the availability and use of energy production and transportation infrastructure including liquefied natural gas (‘LNG’) and storage facilities. In order to reduce the burden of reporting on market participants and to make best use of existing data sources, reporting should involve where possible TSOs, the European Network of Transmission System Operators for Electricity (the ‘ENTSO for Electricity’), the European Network of Transmission System Operators for Gas (the ‘ENTSO for Gas’), LNG system operators and natural gas storage system operators. Depending on the importance and availability of the data, the regularity of reporting may vary with most of the data reported on daily basis. The reporting requirements should respect the Agency’s obligation not to make commercially sensitive information publicly available and only to publish or make available information that is not likely to create any distortion of competition on wholesale energy markets.
(9)It is important that reporting parties have a clear understanding about the details of the information they are required to report. To this end the Agency should explain the content of the reportable information in a user manual. The Agency should also make sure that information is reported in electronic formats, which are easily accessible to reporting parties.
(10)In order to ensure continuous and safe transfer of complete sets of data, the reporting parties should comply with basic requirements in relation to their ability to authenticate data sources, check data for correctness and completeness and to ensure business continuity. The Agency should assess reporting parties’ compliance with those requirements. The assessment should ensure a proportionate treatment of professional third parties handling market participants’ data and market participants reporting their own data.
(11)The type and source of reportable data can influence the resources and time the reporting parties need to invest in preparing for data submission. For example completing procedures for reporting standard contracts executed at organised market places takes less time than setting up systems for reporting non-standard contracts or certain fundamental data. To this end the obligation for reporting should be phased in, starting with transmitting fundamental data available on the transparency platforms of ENTSO for Electricity and of ENTSO for Gas as well as standard contracts executed at organised market places. Reporting of non-standard contracts should follow reflecting the extra time needed for completing procedures for reporting. Staggered data reporting would also help the Agency to better allocate its resources to prepare for receiving the information.
(12)The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 21 of Regulation (EU) No 1227/2011,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down rules for the provision of data to the Agency implementing Article 8(2) and (6) of Regulation (EU) No 1227/2011. It defines the details of reportable wholesale energy products and fundamental data. It also establishes appropriate channels for data reporting including defining timing and regularity of data reports.

Article 2

Definitions

For the purpose of this Regulation, the definitions in Article 2 of Regulation (EU) No 1227/2011 and in Article 3 of Commission Regulation (EU) No 984/2013 (3) shall apply.

In addition, the following definitions shall apply:

(1)fundamental data’ means information related to the capacity and use of facilities for production, storage, consumption or transmission of electricity and natural gas or related to the capacity and use of LNG facilities, including planned or unplanned unavailability of these facilities;
(2)standard contract’ means a contract concerning a wholesale energy product admitted to trading at an organised market place, irrespective of whether or not the transaction actually takes place on that market place;
(3)non-standard contract’ means a contract concerning any wholesale energy product that is not a standard contract;
(4)organised market place’ or ‘organised market’ means:(a)a multilateral system, which brings together or facilitates the bringing together of multiple third party buying and selling interests in wholesale energy products in a way that results in a contract, (b)any other system or facility in which multiple third-party buying and selling interests in wholesale energy products are able to interact in a way that results in a contract.These include electricity and gas exchanges, brokers and other persons professionally arranging transactions, and trading venues as defined in Article 4 of Directive 2014/65/EU of the European Parliament and of the Council (4).
(5)group’ shall have the same meaning as in Article 2 of Directive 2013/34/EU of the European Parliament and of the Council (5)
(6)intragroup contract’ is a contract on wholesale energy products entered into with a counterparty which is part of the same group provided that both counterparties are included in the same consolidation on a full basis;
(7)over-the-counter’ (OTC) means any transaction carried out outside an organised market;
(8)nomination’ means,—for electricity: the notification of the use of cross zonal capacity by a physical transmission rights holder and its counterparty to the respective transmission system operator(s)(TSOs), —for natural gas: the prior reporting by the network user to the TSO of the actual flow that the network user wishes to inject into or withdraw from the system;
(9)balancing energy’ means energy used by TSOs to perform balancing;
(10)balancing capacity (reserves)’ means the contracted reserve capacity;
(11)balancing services’ means,—for electricity: either or both balancing capacity and balancing energy, —for natural gas: a service provided to a TSO via a contract for gas required to meet short term fluctuations in gas demand or supply;
(12)consumption unit’ means a resource which receives electricity or natural gas for its own use;
(13)production unit’ means a facility for generation of electricity made up of a single generation unit or of an aggregation of generation units;

CHAPTER II

REPORTING OBLIGATIONS ON TRANSACTIONS

Article 3

List of reportable contracts

  1. The following contracts shall be reported to the Agency:
(a)As regards wholesale energy products in relation to the supply of electricity or natural gas with delivery in the Union:(i)Intraday or within-day contracts for the supply of electricity or natural gas where delivery is in the Union irrespective of where and how they are traded, in particular regardless of whether they are auctioned or continuously traded, (ii)Day-ahead contracts for the supply of electricity or natural gas where delivery is in the Union irrespective of where and how they are traded, in particular regardless of whether they are auctioned or continuously traded, (iii)Two-days-ahead contracts for the supply of electricity or natural gas where delivery is in the Union irrespective of where and how they are traded, in particular regardless of whether they are auctioned or continuously traded, (iv)Week-end contracts for the supply of electricity or natural gas where delivery is in the Union irrespective of where and how they are traded, in particular regardless of whether they are auctioned or continuously traded, (v)After-day contracts for the supply of electricity or natural gas where delivery is in the Union irrespective of where and how they are traded, in particular regardless of whether they are auctioned or continuously traded, (vi)Other contracts for the supply of electricity or natural gas with a delivery period longer than two days where delivery is in the Union irrespective of where and how they are traded, in particular regardless of whether they are auctioned or continuously traded, (vii)Contracts for the supply of electricity or natural gas to a single consumption unit with a technical capability to consume 600 GWh/year or more, (viii)Options, futures, swaps and any other derivatives of contracts relating to electricity or natural gas produced, traded or delivered in the Union.
(b)Wholesale energy products in relation to the transportation of electricity or natural gas in the Union:(i)Contracts relating to the transportation of electricity or natural gas in the Union between two or more locations or bidding zones concluded as a result of a primary explicit capacity allocation by or on behalf of the TSO, specifying physical or financial capacity rights or obligations, (ii)Contracts relating to the transportation of electricity or natural gas in the Union between two or more locations or bidding zones concluded between market participants on secondary markets, specifying physical or financial capacity rights or obligations, including resale and transfer of such contracts, (iii)Options, futures, swaps and any other derivatives of contracts relating to the transportation of electricity or natural gas in the Union.
  1. In order to facilitate reporting, the Agency shall draw up and maintain a public list of standard contracts and update that list in a timely manner. In order to facilitate reporting, the Agency shall draw up and publish a list of organised market places upon entry into force of this regulation. The Agency shall update that list in a timely manner.

In order to assist the Agency to comply with its obligations under the first subparagraph, organised market places shall submit identifying reference data for each wholesale energy product they admit to trading to the Agency. The information shall be submitted before trading commences in that particular contract in a format defined by the Agency. Organised market places shall submit updates of the information as changes occur.

In order to facilitate reporting, final customers party to a contract as referred to in Article 3(1)(a)(vii) shall inform their counterparty about the technical capability of the consumption unit in question to consume 600 GWh/year or more.

Article 4

List of contracts reportable at request of the Agency

  1. Unless concluded on organised market places, the following contracts and details of transactions in relation to those contracts shall be reportable only upon reasoned request of the Agency and on an ad-hoc basis:
(a)Intragroup contracts,
(b)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,
(c)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,
(d)Contracts for balancing services in electricity and natural gas.
  1. Market participants only engaging in transactions in relation to the contracts referred to in points (b) and (c) of paragraph 1 shall not be required to register with the national regulatory authority pursuant to Article 9(1) of Regulation (EU) No 1227/2011.

Article 5

Details of reportable contracts including orders to trade

  1. The information to be reported pursuant to Article 3 shall include:
(a)in relation to standard contracts for the supply of electricity or natural gas the details set out in Table 1 of the Annex,
(b)in relation to non-standard contracts for the supply of electricity or natural gas the details set out in Table 2 of the Annex,
(c)in relation to standard and non-standard contracts for the transportation of electricity the details set out in Table 3 of the Annex,
(d)in relation to standard and non-standard contracts for the transportation of natural gas the details set out in Table 4 of the Annex.

Details of transactions executed within the framework of non-standard contracts specifying at least an outright volume and price shall be reported using Table 1 of the Annex.

  1. The Agency shall explain the details of the reportable information referred to in paragraph 1 in a user manual and after consulting relevant parties make it available to the public upon entry into force of this Regulation. The Agency shall consult relevant parties on material updates of the user manual.

Article 6

Reporting channels for transactions

  1. Market participants shall report details of wholesale energy products executed at organised market places including matched and unmatched orders to the Agency through the organised market place concerned, or through trade matching or trade reporting systems.

The organised market place where the wholesale energy product was executed or the order was placed shall at the request of the market participant offer a data reporting agreement.

  1. TSOs or third parties acting on their behalf shall report details of contracts referred to in Article 3(1)(b)(i) including matched and unmatched orders.
  2. Market participants or third parties acting on their behalf shall report details of contracts referred to in Article 3(1)(a), 3(1)(b)(ii) and 3(1)(b)(iii) which have been concluded outside an organised market.
  3. Information in relation to wholesale energy products which have been reported in accordance with Article 26 of Regulation (EU) No 600/2014 of the European Parliament and of the Council(6) or Article 9 of Regulation (EU) No 648/2012 of the European Parliament and of the Council (7) shall be provided to the Agency by:
(a)trade repositories referred to in Article 2 of Regulation (EU) No 648/2012,
(b)approved reporting mechanisms referred to in Article 2 of Regulation (EU) No 600/2014,
(c)competent authorities referred to in Article 26 of Regulation (EU) No 600/2014,
(d)the European Securities and Markets Authority,

as appropriate.

  1. Where persons have reported details of transactions in accordance with Article 26 of Regulation (EU) No 600/2014 or Article 9 of Regulation (EU) No 648/2012 their obligations in relation to reporting those details under Article 8(1) of Regulation (EU) No 1227/2011 shall be considered as fulfilled.
  2. In line with the second subparagraph of Article 8(3) of Regulation (EU) No 1227/2011 and without prejudice to paragraph 5 of this Article organised markets, trade matching or reporting systems shall be able to provide the information referred to in paragraph 1 of this Article directly to the Agency.
  3. Where a third party reports on behalf of one or both counterparties, or where one counterparty reports the details of a contract also on behalf of the other counterparty, the report shall contain the relevant counterparty data in relation to each of the counterparties and the full set of details that would have been reported had the contracts been reported by each counterparty separately.
  4. The Agency may request additional information and clarifications from market participants and reporting parties in relation to their reported data.

Article 7

Timing of reporting of transactions

  1. Details of standard contracts and orders to trade, including for auctions, shall be reported as soon as possible but no later than on the working day following the conclusion of the contract or placement of the order.

Any modification or the termination of the concluded contract or order to trade shall be reported as soon as possible but no later than the working day following the modification or termination.

  1. In the case of auction markets where orders are not made publicly visible, only concluded contracts and final orders shall be reported. They shall be reported no later than on the working day following the auction.
  2. Orders placed in brokers’ voice operated services and not appearing on electronic screens shall be reportable only upon request of the Agency.
  3. Details of non-standard contracts including any modification or the termination of the contract and transactions referred to in the second subparagraph of Article 5(1) shall be reported no later than one month following the conclusion, modification or termination of the contract.
  4. Details of contracts referred to in Article 3(1)(b)(i) shall be reported as soon as possible but no later than on the working day following the availability of the allocation results. Any modification or the termination of the concluded contracts shall be reported as soon as possible but no later than on the working day following the modification or termination.
  5. Details of wholesale energy contracts which were concluded before the date on which the reporting obligation becomes applicable and remain outstanding on that date shall be reported to the Agency within 90 days after the reporting obligation becomes applicable for those contracts.

The reportable details shall only include data which can be extracted from market participants’ existing records. They shall at least comprise of data referred to in Article 44(2) of Directive 2009/73/EC of the European Parliament and of the Council (8) and in Article 40(2) of Directive 2009/72/EC of the European Parliament and of the Council (9).

CHAPTER III

REPORTING OF FUNDAMENTAL DATA

Article 8

Rules for the reporting of fundamental data on electricity

  1. The ENTSO for Electricity shall, on behalf of market participants, report information to the Agency in relation to the capacity and use of facilities for production, consumption and transmission of electricity including planned and unplanned unavailability of these facilities as referred to in Articles 6 to 17 of Commission Regulation (EU) No 543/2013(10). The information shall be reported through the central information transparency platform as referred to in Article 3 of Regulation (EU) No 543/2013.
  2. The ENTSO for Electricity shall make the information referred to in paragraph 1 available to the Agency as soon as it becomes available on the central information transparency platform.

Information referred to in Article 7(1) of Regulation (EU) No 543/2013 shall be made available to the Agency in disaggregated form including the name and location of the consumption unit referred no later than the following working day.

Information referred to in Article 16(1)(a) of Regulation (EU) No 543/2013 shall be made available to the Agency no later than the following working day.

  1. Electricity TSOs or third parties on their behalf shall report to the Agency and, at their request, to national regulatory authorities in accordance with Article 8(5) of Regulation (EU) No 1227/2011 final nominations between bidding zones specifying the identity of market participants involved and the quantity scheduled. The information shall be made available no later than the following working day.

Article 9

Rules for the reporting of fundamental data on gas

  1. The ENTSO for Gas shall, on behalf of market participants, report information to the Agency in relation to the capacity and use of facilities for transmission of natural gas including planned and unplanned unavailability of these facilities as referred to in points 3.3(1) and 3.3(5) of Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council(11). The information shall be made available through the Union-wide central platform as referred to in point 3.1.1(1)(h) of Annex I to Regulation (EC) No 715/2009.

The ENTSO for Gas shall make the information referred to in the first subparagraph available to the Agency as soon as it becomes available on the Union-wide central platform.

  1. Gas TSOs or third parties on their behalf shall report to the Agency and, at their request, to national regulatory authorities in accordance with Article 8(5) of Regulation (EU) No 1227/2011 day-ahead nominations and final re-nominations of booked capacities specifying the identity of the market participants involved and the allocated quantities. The information shall be made available no later than the following working day.

The information shall be provided for the following points of the transmission system:

(a)all interconnection points,
(b)entry points of production facilities including of upstream pipelines,
(c)for exit points connected to a single customer,
(d)entry and exit points to and from storage,
(e)for LNG facilities,
(f)for physical and virtual hubs.
  1. LNG system operators as defined in Article 2(12) of Directive 2009/73/EC shall report to the Agency and, at their request, to national regulatory authorities for each LNG facility the following information:
(a)the technical, contracted and available capacity of the LNG facility in a daily resolution,
(b)send-out and inventory of the LNG facility in a daily resolution,
(c)planned and unplanned unavailability announcements of the LNG facility including the time of the announcement and the capacities concerned.
  1. The information referred to in point (a) and (b) of paragraph 3 shall be made available no later than the following working day.

The information including updates of it referred to in point (c) of paragraph 3 shall be made available as soon as that information becomes available.

  1. Market participants or LNG System Operators on their behalf shall report to the Agency and, at their request, to national regulatory authorities for each LNG facility the following information:
(a)in relation to unloading and reloading of cargos:(i)date of unloading or reloading, (ii)volumes unloaded or reloaded per ship, (iii)the name of the terminal customer, (iv)name and size of the ship using the facility.
(b)the planned unloading or reloading at the LNG facilities in a daily resolution for the next month specifying the market participant and the name of the terminal customer (if different from the market participant).
  1. The information referred to in point (a) of paragraph 5 shall be made available no later than the working day following unloading or reloading.

The information referred to in point (b) of paragraph 5 shall be made available in advance of the month to which it relates.

  1. Storage system operators as defined in Article 2(10) of Directive 2009/73/EC shall report to the Agency and, at their request, to national regulatory authorities for each storage facility or, where facilities operated in groups, for each group of storage facilities following information through a joint platform:
(a)the technical, contracted and available capacity of the storage facility,
(b)amount of gas in stock at the end of the gas day, inflows (injections) and outflows (withdrawals) for each gas day,
(c)planned and unplanned unavailability announcements of the storage facility including the time of the announcement and the capacities concerned.
  1. The information referred to in point (a) and (b) of paragraph 7 shall be made available no later than the following working day.

The information including updates of it referred to in point (c) of paragraph 7 shall be made available as soon as the information becomes available.

  1. Market participants or Storage System Operators on their behalf shall report to the Agency and, at their request, to national regulatory authorities the amount of gas the market participant has stored at the end of the gas day. This information shall be made available no later than the following working day.

Article 10

Reporting procedures

  1. Market participants disclosing inside information on their website or service providers disclosing such information on market participants’ behalf shall provide web feeds to enable the Agency to collect these data efficiently.
  2. When reporting information referred to in Articles 6, 8 and 9 including inside information, the market participant shall identify itself or shall be identified by the third party reporting on its behalf using the ACER registration code which the market participant received or the unique market participant code which the market participant provided while registering in accordance with Article 9 of Regulation (EU) No 1227/2011.
  3. The Agency shall after consulting relevant parties establish procedures, standards and electronic formats based on established industry standards for reporting of information referred to in Articles 6, 8 and 9. The Agency shall consult relevant parties on material updates of the referred procedures, standards and electronic formats.

CHAPTER IV

FINAL PROVISIONS

Article 11

Technical and organisational requirements and responsibility for reporting data

  1. In order to ensure efficient, effective and safe exchange and handling of information, the Agency shall, after consulting relevant parties, develop technical and organisational requirements for submitting data. The Agency shall consult relevant parties on material updates of these requirements.

The requirements shall:

(a)ensure the security, confidentiality and completeness of information,
(b)enable the identification and correction of errors in data reports,
(c)enable the authentication of the source of information,
(d)ensure business continuity.

The Agency shall assess whether reporting parties comply with the requirements. Reporting parties who comply with the requirements shall be registered by the Agency. For entities listed under Article 6(4) the requirements listed in the second subparagraph shall be considered as fulfilled.

  1. Persons required to report data referred to in Articles 6, 8 and 9 shall have responsibility for the completeness, accuracy and timely submission of data to the Agency and, where required so, to national regulatory authorities.

Where a person referred to in the first subparagraph reports those data through a third party the person shall not be responsible for failures in the completeness, accuracy or timely submission of the data which are attributable to the third party. In those cases the third party shall be responsible for those failures, without prejudice to Articles 4 and 18 of Regulation (EC) No 543/2013 on submission of data in electricity markets.

Persons referred to in the first subparagraph shall nevertheless take reasonable steps to verify the completeness, accuracy and timeliness of the data which they submit through third parties.

Article 12

Entry into force and other measures

  1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
  2. The reporting obligation as provided in Article 9(1) shall apply from 7 October 2015.

The reporting obligation as provided in Article 6(1) except in relation to contracts referred to in Article 3(1)(b) shall apply from 7 October 2015.

The reporting obligations as provided in Article 8(1) shall apply from 7 October 2015 but not before the central information transparency platform becomes operational pursuant to Article 3(3) of Regulation (EU) No 543/2013.

The reporting obligations as provided in Articles 6(2), 6(3), 8(3), 9(2), 9(3), 9(5), 9(7) and 9(9) shall apply from 7 April 2016.

The reporting obligation as provided in Article 6(1) in relation to contracts referred to in Article 3(1)(b) shall apply from 7 April 2016.

  1. Without prejudice to the second and fifth subparagraphs of paragraph 2 the Agency may enter into agreements with organised marketplaces, trade matching or reporting systems to obtain details of contracts before the reporting obligation becomes applicable.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 2014.

For the Commission

The President

Jean-Claude JUNCKER

(1)  OJ L 326, 8.12.2011, p. 1.

(2)  Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1).

(3)  Commission Regulation (EU) No 984/2013 of 14 October 2013 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and supplementing Regulation (EC) No 715/2009 of the European Parliament and of the Council (OJ L 273, 15.10.2013, p. 5).

(4)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).

(5)  Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

(6)  Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).

(7)  Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).

(8)  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).

(9)  Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).

(10)  Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council (OJ L 163, 15.6.2013, p. 1).

(11)  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).

ANNEX

DETAILS OF REPORTABLE CONTRACTS

Table 1

Reportable details of standard contracts for the supply of electricity and gas

(Standard reporting form)

Field NoField IdentifierDescription
Parties to the contract
1ID of the market participant or counterpartyThe market participant or counterparty on whose behalf the record of transaction is reported shall be identified by a unique code.
2Type of code used in field 1ACER registration code, Legal Entity Identifier (LEI), Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1).
3ID of the trader and/or of the market participant or counterparty as identified by the organised market placeThe login username or trading account of the trader and/or the market participant or counterparty as specified by the technical system of the organised market place.
4ID of the other market participant or counterpartyUnique identifier for the other counterparty of the contract.
5Type of code used in field 4ACER registration code, Legal Entity Identifier (LEI), Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1).
6Reporting entity IDID of the reporting entity.
7Type of code used in field 6ACER registration code, Legal Entity Identifier (LEI), Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1).
8Beneficiary IDIf the beneficiary of the contract as referred in Article 8(1) of Regulation (EU) No 1227/2011 is counterparty to this contract the field is to be left blank. If the beneficiary of the contract is not counterparty to this contract the reporting counterparty has to identify the beneficiary by a unique code.
9Type of code used in field 8ACER registration code, Legal Entity Identifier (LEI), Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1).
10Trading capacity of the market participant or counterparty in field 1Identifies whether the reporting counterparty has concluded the contract as principal on own account (on own behalf or behalf of a client) or as agent for the account of and on behalf of a client.
11Buy/sell indicatorIdentifies whether the contract was a buy or sell for the market participant or counterparty identified in field 1.
12Initiator/AggressorWhen the trade is executed on an electronic or voice assisted broker platform, the initiator is the party who first placed the firm order in the market and the aggressor is the party that initiates the transaction.
Order details
13Order IDThe order shall be identified by using a unique code identifier provided by the market place or counterparties.
14Order typeThe type of order as defined by the functionality offered by the organised market place.
15Order conditionA special condition for the order to execute.
16Order statusThe status of the order, for example if order is active or deactivated.
17Minimum execution volumeMinimum Execution Volume — The quantity/volume of any defined minimum execution.
18Price limitThe defined price of the limit for the trigger or stop loss order.
19Undisclosed volumeThe volume that is not disclosed to the market for the order.
20Order durationThe order duration is the time for which the order exists within the system until it is removed/cancelled unless it is executed.
Contract details
21Contract IDThe contract shall be identified by using a unique code identifier provided by the market place or counterparties.
22Contract nameThe name of the contract as identified by the organised market place.
23Contract typeThe type of the contract.
24Energy commodityThe classification of the energy commodity.
25Fixing index or reference priceFixing index that sets the price for the contract or the reference price for derivatives.
26Settlement methodWhether the contract is settled physically, in cash, optional or other.
27Organised market place ID/OTCIn case the market participant uses an organised market place to execute the contract, this organised market place shall be identified by a unique code.
28Contract trading hoursThe trading hours of the contract.
29Last trading date and timeThe last trading date and time for the reported contract.
Transaction details
30Transaction timestampThe date and time of the contract execution or order submission, or their modification, cancellation or termination.
31Unique transaction IDUnique identifier for a transaction as assigned by the organised market place of execution, or by the two market participants in case of bilateral contracts to match the two sides of a transaction.
32Linked transaction IDThe linked transaction identifier must identify the contract that is associated with the execution.
33Linked order IDThe linked order identifier must identify the order that is associated with the execution.
34Voice-brokeredIndicates whether the transaction was voice brokered, ‘Y’ if it was, left blank if it was not.
35PriceThe price per unit.
36Index valueThe value of the fixing index.
37Price currencyThe manner in which the price is expressed.
38Notional amountValue of the contract.
39Notional currencyThe currency of the notional amount.
40Quantity/VolumeTotal number of units included in the contract or order.
41Total notional contract quantityThe total number of units of the wholesale energy product.
42Quantity unit for field 40 and 41The unit of measurement used for fields 40 and 41.
43Termination dateTermination date of the reported contract. If not different from delivery end date, this field shall be left blank.
Option details
44Option styleIndicates whether the option may be exercised only at a fixed date (European and Asian style), a series of pre-specified dates (Bermudan) or at any time during the life of the contract (American style).
45Option typeIndicates whether the option is a call, put or other.
46Option exercise dateThe date or dates when the option is exercised. If more than one, further fields may be used.
47Option strike priceThe strike price of the option.
Delivery profile
48Delivery point or zoneEIC code(s) for the delivery point(s) or market area(s).
49Delivery start dateStart date of delivery.
50Delivery end dateEnd date of delivery.
51DurationThe duration of the delivery period.
52Load typeIdentification of the delivery profile (base load, peak load, off-peak, block of hours or other)
53Days of the weekThe days of the week of the delivery
54Load delivery IntervalsTime interval for each block or shape.
55Delivery capacityThe number of units included in the transaction, per delivery time interval.
56Quantity unit used in field 55The unit of measurement used.
57Price/time interval quantityIf applicable price per quantity per delivery time interval.
Lifecycle information
58Action typeWhen the report contains:—a contract or an order to trade for the first time, it will be identified as ‘new’; —a modification of details of a previous report, it will be identified as ‘modify’; —a cancellation of a wrongly submitted report, it will be identified as ‘error’; —a termination of an existing contract or order to trade, it will be identified as ‘cancel’;

Table 2

Reportable details of non-standard contracts for the supply of electricity and gas

(Non-standard reporting form)

Field No.Field IdentifierDescription
Parties to the contract
1ID of the market participant or counterpartyThe market participant or counterparty on whose behalf the record of transaction is reported shall be identified by a unique code.
2Type of code used in field 1ACER registration code, Legal Entity Identifier (LEI),Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1)
3ID of the other market participant or counterpartyUnique identifier for the other counterparty of the contract.
4Type of code used in field 3ACER registration code, Legal Entity Identifier (LEI),Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1)
5Reporting entity IDID of the reporting entity.
6Type of code used in field 5ACER registration code, Legal Entity Identifier (LEI),Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1)
7Beneficiary IDIf the beneficiary of the contract as referred in Article 8(1) of Regulation (EU) No 1227/2011 is counterparty to this contract the field is to be left blank. If the beneficiary of the contract is not counterparty to this contract the reporting counterparty has to identify the beneficiary by a unique code.
8Type of code used in field 7ACER registration code, Legal Entity Identifier (LEI),Bank Identifier Code (BIC), Energy Identification Code (EIC), Global Location Number (GLN/GS1)
9Trading capacity of the market participant or counterparty in field 1Identifies whether the reporting counterparty has concluded the contract as principal on own account (on own behalf or behalf of a client) or as agent for the account of and on behalf of a client.
10Buy/sell indicatorIdentifies whether the contract was a buy or sell for the market participant or counterparty identified in field 1.
Contract details
11Contract IDUnique identifier for the contract as assigned by the two market participants.
12Contract dateThe date the contract was agreed or its modification, cancellation or termination.
13Contract typeThe type of contract.
14Energy commodityThe classification of the energy commodity for the agreed contract.
15Price or price formulaFixed price or price formula used in the contract.
16Estimated notional amountEstimated notional amount of the contract (if applicable).
17Notional currencyThe currency of the estimated notional amount.
18Total notional contract quantityThe estimated total number of units of the wholesale energy product. This is a calculated figure.
19Volume optionality capacityThe number of units included in the contract, per delivery time interval if available.
20Notional quantity unitThe unit of measurement used in fields 18 and 19.
21Volume optionalityThe volume classification.
22Volume optionality frequencyThe frequency of the volume optionality: e.g. daily, weekly, monthly, seasonal, annual or other, if available.
23Volume optionality intervalsTime interval for each volume optionality if available.
Fixing index details
24Type of index pricePrice classified as fixed, simple index (single underlying) or complex price formula (multiple underlying).
25Fixing indexList of indices determining the price in the contract. For each Index specify the name. In case of a basket of indices for which no unique identifier exist the basket or the index shall be indicated.
26Fixing index typesSpot, forward, swap, spread, etc.
27Fixing index sourcesFor each index specify the publication source.In case of basket of indices for which no unique identifier exist the basket or the index shall be indicated.
28First fixing dateFirst fixing date determined by the earliest date of all the fixings.
29Last fixing dateLast fixing date determined by the latest date of all the fixings.
30Fixing frequencyThe frequency the fixing: e.g. daily, weekly, monthly, seasonal, annual or other.
31Settlement methodWhether the contract is settled physically, in cash, both, optional or other.
Option details
32Option styleIndicates whether the option may be exercised at a fixed date (European and Asian style), a series of pre-defined dates (Bermudan) or at any time during the life of the contract (American).
33Option typeIndicates whether the option is a call, put or other.
34Option first exercise dateFirst exercise date determined by the earliest date of all the exercises.
35Option last exercise dateLast exercise date determined by the latest date of all the exercises.
36Option exercise frequencyThe frequency of the Volume optionality: e.g. daily, weekly, monthly, seasonal, annual or other.
37Option strike indexFor each Index specify the name. In case of a basket of indices for which no unique identifier exist the basket or the index shall be indicated.
38Option strike index typeSpot, forward, swap, spread, etc.
39Option strike index sourceFor each index specify the fixing type. In case of a basket of indices for which no unique identifier exist the basket or the index shall be indicated.
40Option strike priceThe strike price of the option.
Delivery profile
41Delivery point or zoneEIC code(s) for the delivery point(s) or market area(s).
42Delivery start dateStart date and time of delivery. For physically delivered contracts this would be the delivery start date of the contract.
43Delivery end dateEnd date and time of delivery. For physically delivered contracts this would be the end delivery date of the contract.
44Load typeIdentification of the delivery profile (base load, peak load, off-peak, block of hours or other).
Life cycle information
45Action typeWhen the report contains:—a contract reported for the first time, it will be identified as ‘new’; —a modification of details of a previously reported contract, it will be identified as ‘modify’; —a cancellation of a wrongly submitted report, it will be identified as ‘error’; —a termination of an existing contract, it will be identified as ‘cancel’.

Table 3

Reportable details of wholesale energy products in relation to the transportation of electricity — Primary allocation results and result of secondary market resale and transfer of long term transmission rights in electricity

Field NoField identifierDescription
Common data for total primary allocation results and secondary market resale and transfer rights and bid document
1.Document identificationUnique identification of the document for which the time series data is being supplied.
2.Document versionVersion of the document being sent. A document may be sent several times, each transmission being identified by a different version number that starts at 1 and increases sequentially.
3.Document typeThe coded type of the document being sent.
4.Sender identificationIdentification of the party that is the sender of the document and is responsible for its content (EIC code).
5.Sender roleIdentification of the role that is played by the sender, e.g. TSO other reporting entity.
6.Receiver identificationIdentification of the party who is receiving the document.
7.Receiver roleIdentification of the role played by the receiver.
8.Creation date and timeDate and time of the creation of the document, e.g. when the TSO or other reporting entity sends the transaction to the Agency.
9.Bid time interval/applicable time intervalThe beginning and ending date and time of the period covered by the document.
10DomainThe domain covered within the document.
11.Document status (if applicable)Identifies the status of the document.
Capacity allocation time series (for primary allocation)
12.Time series identificationThe identification that uniquely identifies the time series.
13.Bid document identificationThe identification of the document in which the bids or resale references are contained.
14.Bid document versionVersion of the bid or resale document having been sent.
15.Bid identificationThe identification of the time series that was used in the original bid or resale.This is the unique number that is assigned by the bidder when they made their original bid or resale. Left blank if not applicable.
16.Bidding partyIdentification of the market participant who bid for the capacity or resold capacity (EIC X Code).
17.Auction identificationThe identification linking the allocation to a set of specifications created by the auction operator.
18.Business typeIdentifies the nature of the time series.
19.In areaThe area where the energy is to be delivered (EIC Y Code).
20.Out areaThe area where the energy is coming from (EIC Y Code).
21.Contract typeThe contract type defines the conditions under which the capacity was allocated and handled, e.g. daily auction, weekly auction, monthly auction, yearly auction, long term contract, etc.
22.Contract identificationThe contract identification of the time series instance. This must be a unique number that is assigned by the auction operator and shall be used for all references to the allocation.
23.Measure unit quantityThe unit of measure in which the quantity in the time series is expressed.
24.Currency (if applicable)The currency in which the monetary amount is expressed.
25.Measure unit price (if applicable)The unit of measure in which the price in the time series is expressed.
26.Curve type(if applicable)Describes the type of the curve that is being provided for the time series in question, e.g. variable sized block or fixed sized block or point.
27.Classification category (if applicable)The category of the product as defined by the market rules.
No-Bid auction time series (for primary allocation)
28.IdentificationThe identification of a time series instance.
29.Auction identificationThe identification of the auction where no bids have been received.
30.Classification category (if applicable)The category of the product as defined by the market rules.
Secondary rights time series (for secondary rights)
31.Time series identificationThe identification of the time series instance.This must be a unique number that is assigned by the sender for each time series in the document.
32.Business typeIdentifies the nature of the time series, e.g. capacity rights, capacity transfer notification, etc.
33.In areaThe area where the energy is to be delivered (EIC Y Code).
34.Out areaThe area where the energy is coming from (EIC Y Code).
35.Rights holderIdentification of the market participant who is owner of, or has the right to use, the transmission rights in question (EIC X Code).
36.Transferee party (if applicable)Identification of the market participant to whom the rights are being transferred or the interconnection trade responsible designated by the transferor (as designated in the rights holder attribute) to use the rights (EIC X code).
37.Contract identificationThe contract identification of the time series instance. This must be the number that has been assigned by the transmission capacity allocator e.g. TSO or auction operator, or allocation platform.
38.Contract typeThe contract type defines the conditions under which the rights were allocated and handled, e.g. daily auction, weekly auction, monthly auction, yearly auction, etc.
39.Previous contract identification (if applicable)The identification of a previous contract used to identify the transfer rights.
40.Measure unit quantityThe unit of measure in which the quantity in the time series is expressed.
41.Auction identification (if applicable)The identification linking the capacity rights to a set of specifications created by the transmission capacity allocator e.g. TSO or auction operator or allocation platform.
42.Currency (if applicable)The currency in which the monetary amount is expressed.
43.Measure unit price (if applicable)The unit of measure in which the price in the time series is expressed.
44.Curve type (if applicable)Describes the type of the curve that is being provided for the time series in question, e.g. variable sized block or fixed sized block or point.
Period for primary allocation and secondary processes
45.Time intervalThis information provides the date and time of the start and end of the reported period.
46.ResolutionThe resolution defining the number of periods that the time interval is divided (ISO 8601).
Interval for primary allocation and secondary processes
47.PositionThe relative position of a period within an interval.
48.QuantityThe quantity that has been allocated in the primary auction. The quantity that has been assigned to the nomination party for secondary rights.
49.Price amount (if applicable)The price expressed for each unit of quantity allocated through the primary allocation. The price expressed for each unit of quantity resold or transferred on the secondary market if applicable.
50.Bid quantity (if applicable)The quantity that was in the original bid document.
51.Bid price amount (if applicable)The original price expressed in the original bid or resale for each unit of quantity requested.
Reason for primary allocation and secondary processes
52.Reason code (if applicable)A code providing the status of the allocation or the rights.
53.Reason text (if applicable)Textual explanation of the reason code.
Bid header document and bid document fields for organised market places (applicable for secondary trading)
54.Subject partyThe market participant for whom the bid is being submitted (EIC code).
55.Subject roleThe role of the subject party.
56.DivisibleAn indication whether or not each element of the bid may be partially accepted or not.
57.Linked bids identification (if applicable)Unique identification associated with all linked bids.
58.Block bidAn indication that the values in the period constitute a block bid and that they cannot be changed.

Table 4

Reportable details of wholesale energy products in relation to the transportation of gas — Primary and secondary capacity allocations for gas

Field NoField identifierDescription
Common data for primary and secondary allocation processes
1.Sender identificationIdentification of the party that is the owner of the document and is responsible of its content.
2.Organised market place identificationIdentification of organised market place.
3.Process identificationThe identification of the auction or other process as defined by the capacity allocating entity.
4.Type of gasIdentifies the type of gas.
5.Transportation transaction identificationA uniquely assigned identification number for the capacity allocation as assigned by the organized market place or TSO.
6.Creation date and timeCreation date and time of the transaction.
7.Auction open date/timeThe date and time when an auction opens for bidding.
8.Auction end date/timeThe date and time when an auction closes.
9.Transportation transaction TypeThe type identifies the nature of transportation transaction to be reported in accordance with current applicable industry standards as specified by gas network code on Interoperability and data exchange.
10.Start date and timeDate and time of the start of the transportation transaction runtime.
11.End date and timeDate and time of the end of the transportation transaction runtime.
12.Offered capacityThe quantity of capacity available in the auction expressed in the measure unit. Only relevant for bidding behaviour monitoring.
13.Capacity categoryApplicable capacity category.
Data for lifecycle reporting
14.Action typeStatus code of the report to be reported in accordance with current applicable industry standards as specified in gas network code on Interoperability and data exchange.
Data for quantity and price reporting
15.QuantityTotal number of units allocated with the transportation transaction as expressed in the measure unit.
16.Measure unitThe unit of measurement used.
17.CurrencyThe currency in which the monetary amount is expressed.
18.Total priceReserve price at time of the auction plus auction premium or regulated tariff in case of other allocation mechanism than auction.
19.Fixed or floating reserve priceIdentification of the type of the reserve price.
20.Reserve priceThe identification of the reserve price for the auction.
21.Premium priceThe identification of the premium price for the auction.
Data for identification of location and market participant
22.Network point identificationWithin a network system according to the EIC code.
23.BundlingSpecification of bundling.
24.DirectionSpecification of direction.
25.TSO 1 identificationThe identification of the TSO for which the data reporting is made.
26.TSO 2 identificationThe identification of the counter TSO.
27.Market participant identificationThe market participant to which the capacity is assigned.
28.Balancing group or portfolio codeThe balancing group (or balancing groups in case of bundled products) to which the shipper belongs or the portfolio code used by the shipper if a balancing group is not applicable.
Data applicable only for secondary allocations
29.Procedure applicableSpecification of procedure applicable.
30.Maximum bid amountThe maximum the transferee would be willing to offer, expressed in the currency per measure unit.
31.Minimum bid amountThe minimum the transferor would be willing to offer, expressed in the currency per measure unit.
32.Maximum quantityThe maximum the transferee/transferor would be willing to acquire/sell on creating the trade proposal.
33.Minimum quantityThe minimum the transferee/transferor would be willing to acquire/sell on creating the trade proposal.
34.Price paid to TSO (Underlying price)Only applicable when there is an assignment expressed in the currency per measure unit which must be kWh/h.
35.Price the transferee pays to the transferorPrice the transferee pays to the transferor expressed in the currency per measure unit which must be kWh/h.
36.Transferor identificationThe market participant giving up the capacity.
37.Transferee identificationThe market participant receiving the capacity.
Data fields applicable only for orders placed at auctions for primary allocations
38.Bid IDNumerical identifier of the bid as assigned by the reporting entity.
39.Auction round numberAn integer that increments every time an auction achieves no result and is re-run with different parameters — starting at 1. To be left blank in case of auctions without binding rounds, e.g. day-ahead auctions.
40.Bid priceThe price bid for each unit of capacity excluding the reserve price. Expressed in the currency and measure unit.
41.Bid quantityThe quantity being bid for expressed in the measure unit.
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