Changes from report parliamentary committee draft to plenary report

RemovedArticle 1 – paragraph 1 – point 13 – point b, Article 12 – paragraph 2: 2. Subject to Article 17, ACER may decide to make publicly available parts of the information which it possesses, provided that commercially sensitive information on individual market participants or individual transactions or individual market places are not disclosed and cannot be inferred. ACER may publish information on organised market places, IIPs, RRMs in accordance with applicable data protection laws.

Added(8) New articles from 7a to 7d are added:

RemovedThe proposed amendments aims at providing clarity through an affirmative version of the sentence replacing the proposed text. The objective is the same, but like this the wording avoids misinterpretations.

Added“Article 7a

RemovedRegulation EU 1227/2011

AddedTasks and powers of the Agency to carry out price assessments and benchmarks

RemovedArticle 1 – paragraph 1 – point 14 – point a, Article 13 – paragraph 1 – subparagraph 5: Where appropriate, the national regulatory authorities may exercise their investigatory powers in collaboration with organised markets, trade-matching systems or other persons professionally arranging transactions as referred to in point (d) of Article 8(4).;

Added1. The Agency shall produce and publish a daily LNG price assessment and a benchmark. For the purpose of the LNG price assessment, the Agency 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.

RemovedProviding coherence with the amendment to the definition of PPATs.

Added1a. For the purpose of producing and publishing the LNG price assessment and benchmark, the Agency may make use of third-party services.

RemovedRegulation (EU) No 1227/2011

Added1b. The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Regulation by establishing rules with regard to:

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 3: 3. In order to fight against breaches of the provisions of this Regulation, to support and complement the enforcement activities of the national regulatory authorities, and to contribute to a uniform application of this Regulation throughout the Union, the Agency may, in close and active cooperation with the relevant competent national regulatory authorities, carry out investigations by exercising the powers conferred onto it by and in accordance with Articles 13a to 13d.

Added(a) the definition of the production and publication of LNG price assessments and benchmarks;

RemovedACER's investigation powers shall be exercised in cooperation with the relevant NRAs and in accordance with all related provisions.

Added(b) the LNG reference price assessment and benchmark methodology of the Agency.

RemovedRegulation (EU) No 1227/2011

AddedThey shall take account of the implementing acts referred to in Article 8 (2) and (6) with regard to the LNG market data reporting.

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 4 – point a: (a) acts are being or have been carried out on wholesale energy products for delivery in at least two Member States; or

Added▌

RemovedReducing from three to two the number of Member States, would mean that ACER's investigation may be performed in a slightly bigger percentage of cross-border cases.

AddedProvision of LNG market data to the Agency

RemovedRegulation (EU) No 1227/2011

Added1. LNG market participants shall submit daily to the Agency the LNG market data as provided for in Article 8(1aa), free of charge, through the reporting channels established by the Agency 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 daily LNG price assessment ▌.

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 4 – point b: (b) acts are being or have been carried on wholesale energy products for delivery in at least one Member State and at least one of the natural or legal persons who is carrying or carried out these acts is resident or established in another Member State or in a third country but registered pursuant to Article 9(1); or

Added2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Regulation by specifying the point in time by which LNG market data is to be submitted to the Agency, and the timing of the publication of the LNG price assessment as referred to in Article 7a. ▌

RemovedRegulation (EU) No 1227/2011

Added3. Where appropriate, the Agency shall, after consulting the Commission, issue guidance with regard to:

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 4 – point c: (c) the competent national regulatory authority, without prejudice to the derogations referred to in Article 16(5), does not immediately take the necessary measures in order to comply with the request from the Agency referred to in Article 16(4), point (b) in cases having a cross-border dimension; or

Added(a) the details of the information to be reported, in addition to the current details of reportable transactions and fundamental data under Implementing Regulation (EU) No 1348/2014, including bids and offers; and

RemovedIn order to strengthen the principle of subsidiarity, the ACER discretion should be reduced to include as an additional criteria for ACER jurisdiction situations by limiting the jurisdiction under point 4 (c) to cross border cases. This would limit the set of circumstances under which ACER would intervene to those practices having a cross-border impact which are not caught by national jurisdictions, and is therefore respectful of the principle of subsidiarity and proportionality.

Added(b) the procedure, standard and electronic format and the technical and organisational requirements for submitting data to be used for the provision of the required LNG market data.

RemovedRegulation EU No 1227/2011

Added3a. Where the Agency finds that an LNG market participant, or a person or authority listed in Article 8(4), points (b) to (f) on their behalf, has not submitted the information required pursuant to paragraph 1 of this Article, the Agency may take one or more of the measures provided for in Article 13dc.

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 4 – point d: (d) upon the competent national regulatory authority request, as regards the acts which, even if not falling within points (a), (b) or (c), have a cross-border dimension.

Added▌

RemovedWhere appropriate and if necessary, national authorities can always ask ACER to exercise its investigative powers in other cases of cross-border dimension.

Added(8a) the following article is inserted:

RemovedRegulation EU 1227/2011

Added“Article 7da

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 5: 5. The Agency may exercise its powers to ensure that the obligations set out in Article 15 are met where the persons are professionally arranging transactions on wholesale energy products for delivery in at least two Member States.

AddedLNG market data quality

RemovedProviding coherence with the amendment to the definition of PPATs.Reducing from three to two Member States increases the possible cases of breaches of Article 15 by PPATs that ACER can investigate.

Added1. LNG market data shall include:

RemovedRegulation (EU) No 1227/2011

Added(a) the parties to the contract, including buy/sell indicator;

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 6: 6. In exercising its powers, the Agency shall take into account the investigations in progress or already carried out in respect of the same acts by a national regulatory authority pursuant to this Regulation as well as the cross-border impact of the investigation.

Added(b) the reporting party;

RemovedCorrection

Added(c) the transaction price;

RemovedRegulation (EU) No 1227/2011

Added(d) the contract quantities;

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 7: 7. Upon completion of its actions taken to exercise its powers pursuant to paragraph 4, the Agency shall draw up a report. The report shall be made public taking into account confidentiality requirements. If the Agency concludes that a breach of this Regulation took place, it shall inform the national regulatory authorities of the Member State or Member States concerned accordingly and require that the breach be dealt with in accordance with Articles 18. The Agency may recommend certain follow-up to the relevant national regulatory authorities, including, where appropriate, a suggestion about which measures could be suitable to be considered by the relevant national authorities, and, where necessary, inform the Commission;

Added(e) the value of the contract;

RemovedWhere appropriate, within the follow-up recommendations, the Agency may also suggest to the relevant national authorities which is the kind of penalties that it would consider fitting the case.

Added(f) the arrival window for the LNG cargo;

RemovedRegulation (EU) No 1227/2011

Added(g) the terms of delivery;

RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 13 – paragraph 7 a (new): 7a. The Agency shall, on a regular basis and in any event at least once a year, submit the reports that it has drawn up, in aggregate form, to the European Parliament and to the Council.

Added(h) the delivery points;