In conclusion, the explicit mention of 100 MW threshold as a value having legal significance for REMIT inside information classification, contain above ACER Guidelines, which refer to Regulation (EC) No 714/2009 and strictly to the point 5.5.(i) of the Annex I to the said legal act. The legal basis for such reference is laid down in Article 2(10(a) of the REMIT Regulation which stipulates that for the purposes of the definition of inside information, ‘information’ means, among others, ‘information which is required to be made public in accordance with Regulations (EC) No 714/2009 and (EC) No 715/2009, including guidelines and network codes adopted pursuant to those Regulations’.
In my opinion the above clarifications should be, however, understood that 100 MW for sure is captured by REMIT - in every system - but in the smaller ones there may exist situations where units under the threshold specified may also qualify. One should be mindful of the overriding principle governing REMIT that, generally, inside information is any information that is likely to have a significant effect on the prices of one or more wholesale electricity product if made public. And there can’t be excluded the situation that Member States may exist where the outages of units smaller than 100 MW may influence on the prices. Thus, the individual circumstances of the case in may opinion must always be considered in that regard.