Second chance to exclude small installations from the EU ETS
- Category: Emissions trading
8 countries only (DE, ES, FR, HR, IS, IT, SI, UK) use the possibility to exclude small installations and hospitals from the EU ETS in in third trading period (2013-2020).
This may appear surprising, given heavy criticism sometimes targeted on multiple EU ETS bureaucratic requirements.
The draft Directive, however, gives those absent the second chance to revise their carbon politics and, consequently, to update lists of excluded installations or, even - for Member States currently not making use of this option - to do so at the beginning of each trading period.
Hence, the implementation of new politics in this regard can start as from 2021.
EU ETS New Entrant Reserve - oversized?
- Category: Emissions trading
Serious concerns that New Entrant Reserve (NER) will be used-up early and not sufficient to cover the needs of new entrants to the EU ETS, as well as installations' capacity increases, occur not to materialise.
NER is governed by the rule "first come, first served", hence the threat was, in principle, grounded.
However, as follows from data published recently by the European Commission, until July 2015, only 91.3 million allowances have been reserved for 369 installations for the entirety of phase 3 (i.e. untill 2020) and expectations are a significant number of allowances from the NER will remain unallocated.
Permanent/occasional trade character decisive for RRM designation in complex delegation chains
- Category: REMIT
Establishing circumstances where the RRM designation by the wholesale energy market participant is required, and where it is not, is almost entirely governed by ACER's frequently changing interpretations.
This is not a comfortable situation from legal certainty point of view. If these interpretations were a little bit clearer...
CCP-cleared trades terminated - not modified (in EMIR reports)
- Category: EMIR
Where an existing contract is subsequently cleared by a CCP, it mustn't be reported under EMIR to the trade repository as a modification of the existing contract, but the original contract should be flagged as terminated and the new contract resulting from clearing should be reported.
This is the essence of ESMA's recent draft amendments with respect to EMIR reporting of derivatives subject to clearing.
It will be also expressly stipulated by the law that when a contract is concluded in a trading venue and cleared on the day of execution, only its cleared form will be reported.
Brokers as reporting agents under REMIT
- Category: REMIT
Brokers role in the REMIT reporting framework appears somewhat complex. Let alone entirely different structuring of executing brokers and the clearing ones (where the clearing brokers have been placed - fundamentally - outside the REMIT market participants' scope), the reporting of life-cycle events with respect to trades executed with the broker's participation requires a careful reflection.
Another problematic case emerges when the firm has two different types of business - is an executing broker (exchange member) and is also an organised market place (it runs a broker platform). Recent updates to the ACER's reporting manuals offer some help while resolving these issues.
REMIT reporting - derivatives traded in the EU with a delivery outside the EU
- Category: REMIT Reporting Database
From the group of derivatives of contracts related to electricity/natural gas (a) produced, (b) traded or (c) delivered in the European Union, only those that also relate to the supply of electricity/natural gas with delivery in the European Union are reportable under REMIT.
MiFID II position limits regime - be mindful of EEOTC (Economically-Equivalent OTC Contracts)!
- Category: MiFID
Among multiple issues involved with applying MiFID II position limits the most prominent appears that there is no ex ante certainty on whether contracts are recognised as EEOTC before entering into transactions.
Benefits from trade repositories having an RRM functionality - areas for residual risk
- Category: REMIT
Are you completely certain on what occasions your energy supply and derivatives contracts must be reported to ACER and not to the trade repository?
Surprised? It may mean you are at risk of non-compliance...
Client relationship brings bonuses under REMIT
- Category: REMIT
As the latest version of the ACER's reporting guidelines acknowledges, the client participation in the trading venue not involving a membership does not entail a reporting requirement for the client under REMIT.
Day-ahead contract is a "forward style"?
- Category: REMIT
Do you identify differences between "forward contract" and "forward style contract"? No? You should start doing this. Since "forward style contract" can equally be a spot and your REMIT transaction reports may occur flawed.
Our REMIT magnifying glass - check whether your transparency website uses RSS feed!
- Category: REMIT
There are first regulatory interventions sanctioning improper disclosure of REMIT inside information, in particular, regarding the power plant unplanned unavailability.
It shouldn't be a surprise since the necessary content of such disclosure is sometimes missing.
The key dates approaching are 7 April 2016 and 7 July 2016.
Risk-reducing transactions more transparent
- Category: MiFID
Non-financial companies are required to include in their internal policies "measures to ensure" that the risk-reducing transactions serve no other purpose than covering risks directly related to the commercial activities of the non-financial entity, and that any transaction serving a different purpose can be clearly identified.
If they still want to remain non-financials, obviously…