REMIT implementing acts (Commission Implementing Regulation No 1348/2014 of 17 December 2014 on data reporting implementing Article 8(2) and Article 8(6) of Regulatio (EU) No 1227/2011 of the European Parliament and of the Council on wholesale energy market integrity and transparency (OJ L 363, 18.12.2014)) enter into force on 7 January 2015.

 

The REMIT implementing acts were published yesterday in the Official Journal of the European Union and will enter into force 20 days later, that is to say on 7 January 2015. The REMIT implementation timeline can now be defined as follows:
Registration of market participants by National Regulatory Authorities at national level shall be opened no later than 17 March 2015.

 

Reporting obligation for reportable wholesale energy supply and derivatives contracts executed at organised marketplaces and for ENTSO-E and ENTSOG fundamental data will apply from 7 October 2015.

 

Reporting obligation for other reportable wholesale energy market contracts (OTC standard and non-standard supply and derivatives contracts, transportation contracts) and for additional fundamental data will apply from 7 April 2016.

 

Source: ACER

 

 

CEREMP goes live. In the UK...

 

 

ACER releases the preliminary list of organised market places which will be required to offer, at the request of the market participant, a data reporting agreement for the wholesale energy products executed (see details).

 

Recent Consultation Paper indicates ESMA has changed its mind as regards concepts important for EMIR reporting, like for instance Transaction Reference Number (TRN) or the possibility to use a client code, e.g. account no. or member id, for customers being individuals who do not have a BIC or LEI.

 

 

On 5 May 2014 the European Commission has sent its draft proposal for a 2015-2019 carbon leakage list (documentation consisting of the Proposal for the 2015-2019 carbon leakage list and the Annex to the proposal) to the EU Climate Change Committee.


The schedule announced view its adoption by the European Commission before the end of the year 2014.

 

See more on carbon leakage

 

 

For counterparties having to perform their portfolio reconciliation annually, the first one should be made within one year from the entry into force of the RTS on OTC derivatives, i.e. before 15 March 2014.

 

 

The total quantity of allowances to be auctioned in 2014 amounts to 926,218,500.

This amount is comprised as follows: 

 

Volume

Auction platformStatesDetails
559,575,000 EEX 25 participating Member States Weekly auctions on Mondays, Tuesdays and Thursdays
204,534,500 EEX Germany Weekly auctions on Fridays
55,565,000 EEX Poland 12 auctions on Wednesdays
106,544,000 ICE United Kingdom

Fortnightly auctions on Wednesdays

 

(Source: European Commission communication of 18 November 2013)

 

The above table is formulated under the following reservations:

 

(1) The volumes do not yet include allowances to be auctioned for the Member States of the European Free Trade Association (EFTA) that are members of the European Economic Area (EEA). These allowances total 8,422,182 for 2013 and 8,827,000 for 2014. The EEA-EFTA States intend to make use of the transitional common auction platform and the Commission is currently discussing the arrangements with them. It is not yet clear when the transitional common auction platform will start to auction allowances for the EEA-EFTA States. 

 
(2) The above calendars do not take into account the Commission's draft amendment of the Auctioning Regulation for 'back-loading' a significant volume of allowances, which will affect the figures for individual years, including 2014. The calendars will be modified accordingly for the remainder of the year following adoption of this draft amendment.

 

(3) In 2014, pursuant to Article 10c of the ETS Directive, seven new Member States intend to allocate a total of 129,505,064 allowances to certain electricity generators free of charge. This volume has been deducted from the volume of allowances to be auctioned.
 
  

 

European Commission options elaborated (EC release of 21 November 2013) due to legislative delays and the lack of possibility to apply backloading in 2013 are available here.

  

They are rather simple, they consist in:

 

1) backloading as of 2014 on the basis of the initial profile, meaning the postponement of backloaded volumes from previously scheduled years 2013, 2014 and 2015 in identical proportions into the subsequent years 2014, 2015 and 2016 (option 1);

 

 

2) the distribution of the 2013 backloaded volumes into years 2014 and 2015 - effecting (as opposite to the option 1) in no backloaded volumes in 2016 (option 2).

 

Under option 1 a sub-option has been differentiated which consists in adding a provision in the following wording:

"Where in 2014 the volume of reduction set out in Annex II cannot be spread over a period of more than [x] months it shall be decreased by [xxx] million allowances. In that case, the volumes of reduction for 2015 and 2016 shall be adjusted in equal instalments accordingly."

  

See more on the issue.

 

 

A new amendment to the Auctioning Regulation - see: Commission Regulation No 1143/2013 of 13 November 2013 amending Regulation (EU) No 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community in particular to list an auction platform to be appointed by Germany (OJ L 303, 14.11.2013, p. 10).

 

On the occasion of regulating the status of EEX as an auction platform several other changes have been made to the Auctioning Regulation. Among them are:

 

- Technical adaptations necessary due to current delays in auction monitor appointment: additions in places providing for the auction monitor competences of the phrase: "if appointed" (new Article 7, paragraph 7, Article 8, paragraph 3 of the Auctioning Regulation).

 

- Changes in the publication of the auction calendar: auction platform should determine and publish the bidding windows, individual volumes, auction dates as well as the auctioned product, payment and delivery dates of emission allowances to be auctioned in individual auctions each calendar year, by 30 September (instead of 28 February in the earlier text) of the previous year (amendment to Article 11, paragraph 11 of the Auctioning Regulation).

 

- Clarification on the relation of the admission to the auctions and becoming a member of or a participant in the secondary market: admission to the auctions must not be dependent on becoming a member of or a participant in the secondary market organised by the auction platform or any other trading place operated by the auction platform or by any third party (Article 16, paragraph 1a of the Auctioning Regulation).

 

For more on the issue see here.

 

 

The European Parliament's files documenting backloading vote in the plenary on the 3 July 2013 show the European legislative body decided to rein in the executive's ambitions to influence carbon market in the administrative way.

 

 

The EU Parliament's environment committee's (ENVI) second vote on a draft law to prop up EU carbon prices on 19 June 2013 has brought a major legislative breakthrough. ENVI supported the text granting the European Commission the right to adapt "in exceptional circumstances" the timing of auctions, provided an impact assessment shows the sectors concerned will not face "significant risk" of companies relocating outside the EU. "The Commission shall make no more than one such adaptation and only in the third phase of ETS 2013-2020", the text adds.

 

Credits withheld should be reintroduced "in a predictable and linear manner starting from the year following that during which allowances have last been withheld" the text says. The original draft from the Commission proposed returning them in 2019-2020. A vote in the full assembly is scheduled for 3 July 2013.

 

The underlying cause of the entire problem is an economic slowdown and an over-allocation of emission permits in the period 2013-2020. The idea of one-off adaptation expressed in the recent ENVI opinion does not answer the question whether in the case of economic recovery the timing of auctions will be once more adjusted. Presumably it will not. Given EU ETS was designed a priori as a market-based scheme such political intervention poses a precedence and inevitably rises many doubts.

 

The above notwithstanding, certain problems, like for instance the relation of the back-loading to the derogation provided for in Article 10c of the ETS Directiveare to be resolved.

 

 

The EU Parliament's environment committee's second vote on a draft law to prop up EU carbon prices is scheduled for June 19 before a vote in the full assembly in July.

The joint statement Energy and Environment Ministers from nine European member states of 7 May 2013 stressed they want to see this year to reform the EU's Emissions Trading System (ETS) to ensure it remains at the forefront of EU policies to combat climate change and drive low carbon investments.


The joint statement sets out clear direction and deadlines on next steps on EU ETS reform including calls for national governments in the Council and MEPs in the Parliament to come to a resolution to backloading proposals by July 2013 at the latest as well as calls for the European Commission to produce a legislative proposal to deliver proper structural reform to the EU ETS by the end of 2013 at the latest.

 

The full text of the joint statement Energy and Environment Ministers from nine European member states of 7 May 2013 is available here. 

 

See also the background on the Auctioning Regulation and the concise legislative history of the backloading issue.

 

Emissions-EUETS.com remains skeptical on the reasons for backloading intervention (see 'Why EU ETS does not apply auction purchase limit and holding limit'), given, among many other risks, the speculative potential of the initiative).

 

 

 

Pursuant to the European Commission communication of 13 December 2013 the Climate Change Committee debates the amendments to the Registry Regulation which relate to international credits generated from Joint Implementation (Emission Reduction Units -  ERUs). The Commission signalled that draft texts for the following provisions were presented to the said Committee:

 

1. in accordance with rules on avoiding the double counting of emission reductions  ERUs from projects hosted in Member States related directly or indirectly to activities within the scope of ETS in phase 2 may be issued no later than 31 December 2012;

 

2. ERUs for emission reductions taking place before 31 December 2012 from projects hosted in Member States related to activities not directly or indirectly in the scope of ETS in phase 2, but included in the scope of ETS from phase 3 onwards, may be issued no later than 30 April 2013;

 

3. ERUs for emission reductions taking place before 31 December 2012 from projects hosted in third countries not having legally binding quantified emission reductions in the period 2013-2020 may be held in the Union registry provided they are issued by 30 April 2013 and verified in accordance with Joint Implementation track 2 procedures.

 

The Commission noted in the said communication that the debate “showed growing consensus on the substance of these amendments.”