Changes from report parliamentary committee draft to plenary report

Added(5) The following Article 4a is inserted:

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 6 – point b: (b) the content and the relevant details of the inside information published under paragraph 2 in such a way as to enable the publication of information required under this Article;

Added“Article 4a

RemovedThe relevant details that were listed in paragraph 3 and were deleted, should be included here to make sure the implementing regulation provides better guidance to the market participants.

AddedAuthorisation and supervision of IIPs

RemovedRegulation (EU) No 1227/2011

Added1. IIPs shall register with the Agency. They shall ▌ operate only after the Agency has assessed whether they comply with the requirements of this Article and after the Agency has authorised their operation. The register of IIPs shall be publicly available and shall contain information on the services for which they are authorised. The Agency shall regularly review the compliance of IIPs with this Regulation. Where the Agency has withdrawn a registration in accordance with paragraph 5, that withdrawal shall be published in the register for a period of five years from the date of withdrawal.

RemovedArticle 1 – paragraph 1 – point 5, Article 4a – paragraph 6 – point (c): (c) the concrete organisational requirements for the implementation of paragraphs 4 and 5.

Added1a. IIPs that have been authorised as Registered Information Services pursuant to Article 11 of Implementing Regulation (EU) No 1348/2014 and that are included in the Agency’s list of IIPs on ... [the date of entry into force of this amending Regulation] shall be treated as complying with this Article and shall be registered as IIPs, until the Agency has taken a decision on the authorisation for those IIPs in accordance with this Article.

RemovedThe implementing act should cover also the details concerning the process of withdrawing an authorisation, of orderly substitution and of informing market participants.

Added2. IIPs shall have adequate policies and arrangements in place to make public the inside information required under Article 4(1) as close to real time as is technically possible and without undue delay, on a reasonable commercial basis. The information shall be made available and easily accessible through a website for all purposes, free of charge. The IIP shall efficiently and consistently disseminate such information in a manner that ensures fast access to the inside information, on a non-discriminatory basis and in a format that facilitates the consolidation of the inside information with similar data from other sources.

RemovedRegulation (EU) No 1227/2011

Added3. The inside information that is made public by an IIP pursuant to paragraph 2 shall include ▌ at least ▌ the following details depending on the type of inside information:

RemovedArticle 1 – paragraph 1 – point 6, Article 5a – paragraph 2 – subparagraph 2: The national regulatory authority of the Member State where the market participant is registered pursuant to Article 9(1), may require the market participant to provide, on a regular or ad-hoc basis, a description of the process, parameters and controls that are in place to ensure that the requirements laid down in paragraph 1 of this Article are satisfied.

Added(a) the message ID and the event status;

RemovedTo avoid trade secrets and confidential information are shared

Added(b) the publication date, the time and the beginning and end of the event;

RemovedRegulation (EU) No 1227/2011

Added(c) the name and identification of the market participant ▌;

RemovedArticle 1 – paragraph 1 – point 8, Article 7a – paragraph 1: 1. ACER shall produce and publish a LNG price assessment and a benchmark. For the purpose of the LNG price assessment, ACER shall systematically collect and process LNG market data on transactions, also on the basis of the LNG market data reporting in accordance with Article 8(1aa). The price assessment shall where appropriate take into account regional differences and market conditions.

Added(d) the bidding or balancing zone concerned;

RemovedAll changes proposed throughout Articles 7a, 7b, 7c and 7d are done in order to integrate the same provisions included in the Com proposal within the Remit processes and procedures, but making sure we keep the main and most important elements of what the Articles were suggesting. This is also a way to make sure that those articles - that have been copied from the Gas Solidarity Regulation and pasted here as they are - become an integral part of Remit.

Added(da) the type of information (e.g. unavailability, forecast, actual use); and

RemovedRegulation (EU) No 1227/2011

Added(db) where applicable:

RemovedArticle 1 – paragraph 1 – point 8, Article 7a – paragraph 1a (new): 1a. For the purposes of producing and publishing the LNG price assessment and benchmark, ACER may make use of third-party services.

Added(i) the type of unavailability and the type of event;

RemovedRegulation (EU) No 1227/2011

Added(ii) the unit of measurement;

RemovedArticle 1 – paragraph 1 – point 8, Article 7a – paragraph 1b (new): 1b. The Commission shall adopt implementing acts establishing: / (a) rules to define the production and publication of LNG price assessments and benchmarks; / (b) rules for the LNG reference price assessment and benchmark methodology of ACER; / (c) rules for the timing and frequency of production and publication of LNG price assessments and benchmarks. / Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). They shall take account of the implementing acts referred to in Article 8 (2) and (6) as regards the LNG market data reporting.

Added(iii) the unavailable, the available and the installed or technical capacity;

RemovedRegulation (EU) No 1227/2011

Added(iv) where the installed or technical capacity is unavailable, the reason for the unavailability;

RemovedArticle 1 – paragraph 1 – point 8, Article 7a – paragraph 2: deleted

Added(v) the type of fuel ▌;

RemovedRegulation (EU) No 1227/2011

Added(vi) the affected asset or unit and its identification code.

RemovedArticle 1 – paragraph 1 – point 8, Article 7a – paragraph 3: deleted

Added4. An IIP shall operate and maintain effective administrative arrangements designed to prevent conflicts of interest with its clients. In particular, an IIP who is also a market operator or market participant shall treat all inside information collected in a non-discriminatory manner and shall operate and maintain appropriate arrangements to separate different business functions.

RemovedRegulation (EU) No 1227/2011

AddedAn IIP shall have sound security mechanisms in place designed to guarantee the security of the means of transfer of inside information, minimise the risk of data corruption and unauthorised access and to prevent inside information leakage before publication. The IIP shall maintain adequate resources and shall have back-up facilities in place in order to offer and maintain its services ▌.

RemovedArticle 1 – paragraph 1 – point 8, Article 7b: deleted / (deleted) / (deleted) / (deleted)

AddedThe IIP shall, together with market participants, have a mechanism in place allowing to quickly and effectively check inside information reports with regard to their completeness, identify omissions and obvious errors, and request to receive a corrected version of such reports.

RemovedRegulation (EU) No 1227/2011

Added4a. Where the Agency finds that an IIP has infringed paragraphs 1 to 4 of this Article, before withdrawing an authorisation pursuant to paragraph 5 of this Article, it shall take one or more of the measures provided for in Article 13dc.

RemovedArticle 1 – paragraph 1 – point 8, Article 7c – paragraph 1: 1. LNG market participants shall submit to ACER the LNG market data as provided for in Article 8(1aa), free of charge, through the reporting channels established by ACER and in accordance with the specifications set out in the Implementing Regulation (EU) No 1348/2014, in a standardised format, through a high-quality transmission protocol, and as close to real-time as technologically possible before the publication of the LNG price assessment.

Added5. The Agency may withdraw the authorisation of an IIP and may remove it from the register, where the IIP:

RemovedRegulation (EU) No 1227/2011

Added(a) does not make use of the authorisation within 12 months, expressly renounces the authorisation or has provided no services for the preceding six months;

RemovedArticle 1 – paragraph 1 – point 8, Article 7c – paragraph 2: 2. The Commission may adopt implementing acts specifying the point in time by which LNG market data is to be submitted to ACER, and the timing and frequency of the publication of the LNG price assessment as referred to in Article 7a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

Added(b) obtained the registration by making false statements or by any other irregular means;

RemovedRegulation (EU) No 1227/2011

Added(c) no longer meets the requirements for authorisation set out in this Article;

RemovedArticle 1 – paragraph 1 – point 8, Article 7c – paragraph 4: deleted

Added(ca) did not bring the infringement to an end pursuant to paragraph 4a;

RemovedThe main elements contained in this paragraph are now included in paragraph 1.

Added(d) has seriously and systematically infringed this Regulation.

RemovedRegulation (EU) No 1227/2011

AddedIn case of such a decision, the Agency shall indicate the right to appeal the decision before the Agency’s Board of Appeal and to have the decision reviewed by the Court of Justice in accordance with Articles 28 and 29 of Regulation (EU) 2019/942. The Agency may also lay down obligations to enable compliance with the decision to be monitored.

RemovedArticle 1 – paragraph 1 – point 8, Article 7d: deleted / (deleted) / (deleted)