Understanding REMIT. Challenges and Opportunities for Players

Similar documents
Surveilling European Energy Markets Implementation of REMIT. W. Süßenbacher, C. Wagner-Bruschek, A. Maedel, G. Boon, J. Mayer

European Energy Regulators response to the European Commission s public consultation on A revision of the Market Abuse Directive (MAD) 29 July 2010

18 June 2013 Conference Centre Albert Borshette, Brussels. DG Agri Expert Group. Catherine Sutcliffe, Senior Officer Secondary Markets

10 September 2015 REMIT. Summary Overview

Nord Pool Spot s Market Surveillance focuses on insider trading and market manipulation according to REMIT Article 15

Draft Outline of the 2016 Work Programme

14 February 2014 Conference Centre Albert Borshette, Brussels. DG Agri Expert Group. Catherine Sutcliffe, Senior Officer Secondary Markets

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. on energy market integrity and transparency

EFET response to public consultation on a revision of the Market Abuse Directive (MAD) ( )

The new EU regulatory framework for commodity derivatives & MiFiD II/MiFIR implementation Brussels, 20 September 2017

We appreciate your feedback

Draft Outline of the 2019 Work Programme

TM Group Consulting. MAR - Market Abuse Regulation Recap

Publishing date: 21/06/2012 Document title: on Recommendations as regards the records of wholesale energy market transactions

The impact of regulatory changes on trading activities. Platts European Gas Summit September 29 30, 2014 Kempinski Hotel Bristol Berlin, Germany

AGENCY FOR THE COOPERATION OF ENERGY REGULATORS (ACER): QUOI DE NEUF AFTER THE COMMISSION S PROPOSAL FOR A RECAST OF THE REGULATION ON ACER

Market Conduct Rules for Dayahead and Intraday Market /Market Conduct Rules/ INDEPENDENT BULGARIAN ENERGY EXCHANGE

EBF POSITION ON THE REVIEW OF THE MARKET ABUSE DIRECTIVE

11/12/2014 ENTSOG Transparency Workshop. Fluxys Belgium s experience in REMIT Pilot Project

Effective surveillance and enforcement techniques

Commercial market participants view of financial regulatory reform. DG AGRI Commodities expert group (14 February 2014, Brussels)

EFET Approach Regarding Unresolved EMIR Implementation Issues 2 May 2013

Regulatory reform of EU commodity derivatives markets

Focus - Market Abuse on the Energy Markets

bringing physical commodity trading into the regulatory spotlight

V. Annex 2: LEBA Traded Volume Monthly Reports

MiFID 2/MiFIR Articles relevant to article The top 10 things every commodities firm needs to know about MiFID 2

Regulatory reform of EU commodity derivatives markets

Andrea Siri

Athens Exchange S.A. Response to European Commission s Public Consultation on A Revision of the Market Abuse Directive (MAD)

Public Consultation on a Revision of the Market Abuse Directive (MAD)

Preparing for MiFID II: Practical Implications

Alert Memo BRUSSELS AND LONDON, DECEMBER 28, Reform of the Markets in Financial Instruments Directive: European Commission Consultation

The law of unintended consequences from current regulatory reform

MiFID2. Commodities. Jonathan Melrose Rosali Pretorius. October 2017

KELER s REMIT Reporting Service

OTC Derivatives US/EU comparison EIFR, 18 December 2013

Questions and Answers On MiFID II and MiFIR commodity derivatives topics

Market Abuse Regulation. NEVIR & AFM Webinar 13 October 2016

EFET reaction 25 April 2017

Publishing date: 07/11/2013. We appreciate your feedback. Share this document

SECA Breakfast Event: Regulatory Update for Corporate Finance Advisors & Asset Managers

Platts Kingsman EU Sugar Seminar MiFID II & MAR: what does increased international regulatory scrutiny mean for sugar?

CME EUROPEAN TRADE REPOSITORY REMIT REGISTERED REPORTING MECHANISM (RRM) FREQUENTLY ASKED QUESTIONS (FAQS)

Countdown to MiFID II: Final rules for trading venues, participants and investment firms

MiFID2 Investment Business Stakeholder Briefing & Discussion 30 th April 2015

FRG Breakfast Briefing 219. Thursday 15 October 2015

ACER Consultation on the REMIT Technical Standards for Trade Reporting The EDF Group Response

Market Abuse Regulation: Have you completed your Checklist for 3 July 2016?

Developing the internal energy market further - the European Network Codes

EU Financial Services Legislative agenda An Update

Integrated power markets in Europe. Electricity markets open seminar Tokyo. Matti Supponen

Transaction Reporting User Manual (TRUM)

FBF S RESPONSE. The FBF welcomes the opportunity to comment EC consultation on a revision of the Market Abuse directive.

Carbon market oversight

Questions and Answers On MiFID II and MiFIR commodity derivatives topics

Questions and Answers. On the Market Abuse Regulation (MAR)

SCOPE OF SECTION C(10) CONTRACTS WHICH ARE "COMMODITY DERIVATIVES" FOR THE PURPOSES OF MIFID II

ESMA consultation on the review of the technical standards on reporting under Article 9 of EMIR

Opportunities for the Market Abuse Directive Revision

L 145/30 Official Journal of the European Union

Draft Response to Question F.20 Market Abuse. Consultation Paper

MiFID II What to Expect and How to Prepare

Legal basis of energy trading Aygul Avtakhova Manager at EFET Legal Committee, European Federation of Energy Traders

Coffee, you and MiFID 2!

Swiss Financial Market Infrastructure Act Frequently Asked Questions How we can help you achieve your reporting obligations

COMMISSION IMPLEMENTING DECISION (EU) / of XXX

LEI requirements under MiFID II

ALERT. Market Abuse Regulation. London Asset Management. June 15, 2016

Update on proposed EU regulation as regards FX derivatives transactions

ESMA Risk Assessment Work Programme 2019

10/06/2013. USA: Planting Progress Corn. XXVI FEFAC Congress

The Omnibus II Directive

OPINION OF THE EUROPEAN SECURITIES AND MARKETS AUTHORITY (ESMA) Of 27 September 2017

ESMA Risk Assessment Work Programme 2017

ISDA input for ESMA s Consultation Papers on implementing measures under the Market Abuse Regulation

Response Commission Consultation Paper a Revision of the Market Abuse Directive (MAD)

Market Abuse Directive. Level 3 Third set of CESR guidance and information on the common operation of the Directive to the market. Public Consultation

Questions and Answers On MiFID II and MiFIR commodity derivatives topics

MiFID II Market data reporting

How to avoid market manipulation lessons learnt in Norway. 10th Baltic Electricity Market Mini-Forum June 4, 2010 Anne Dønnem, NVE

Derivatives and ISDA Documentation

Shell Energy Europe Ltd

The new Swiss Financial Market Infrastructure Act and Ordinances Martin Liebi. Swiss Finance Institute 17 September 2015

Practice Pointers on EU Market Abuse Regulation: Requirements for U.S. Issuers

Summary of EC Review of the Markets in Financial Instruments Directive (Directive 2004/39/EC) ("MiFID") for Commodity Firms

- To promote transparency of derivative data for both regulators and market participants

ANNEX IV Reporting of REMIT derivatives contracts under EMIR

ISDA DOCUMENTATION. The Banking and Corporate Finance Training Specialist

Insight into the Current Status of Clearing Members Brexit Contingency Plans

COMMISSION OF THE EUROPEAN COMMUNITIES

16523/12 OM/mf 1 DGG 1

WHITE PAPER. Impact of MIFID II on commodity & energy trading

Market making agreements and schemes at WBAG RTS 8: Specifying the requirements on market making agreements and schemes

View on the perspective on Regional Gas Market Development in Eastern Baltic Region

European initiatives on commodity derivatives markets

Regulatory requirements and required changes for organisation and processes

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. on Short Selling and certain aspects of Credit Default Swaps

A new European framework: MAR and CSMAD

Review of the Markets in Financial Instruments Directive

Transcription:

Montel Alpine Energy Days 21 March 2014 in Kitzbühel Understanding REMIT. Challenges and Opportunities for Players European Federation of Energy Traders Secretary-General, EFET Deutschland b.lempp@efet.org 21 March 2014 Kitzbühel 1

Overview of future regulatory framework Directives Implementing measures: Regulations / Directives MAD MIFID EU Financial Supervisory Reform CAD/CRD Short Selling EMIR Emission Trading Energy trading relevant financial legislation for financial derivatives markets ESMA Binding Guidelines Fin. NRAs Determined by Market Integrity Regulation EU Monitoring Coordination Harmonization EU Trade Repositories Coordinated National Supervision, Enforcement Energy Wholesale Market Transparency & Integrity Regime ACER Binding Guidelines Ener. NRAs Directives/ Regulations Binding Guidelines Fundamental Data Third Package Market Integrity Regulation Transaction Reporting Trade Transparency Sector-specific Market Abuse Regime Energy tailor-made regime for underlying physical markets 2

EU Regulation on Energy Market Integrity and Transparency (EU REMIT) Transparency Market Integrity Post trade transparency for energy markets through ACER Trade data reporting to ACER Public transparency of fundamental data / inside information and their reporting to ACER Market manipulation prohibitions Insider dealing prohibitions Applies to all gas, power and transportation contracts and markets Applies to underlying physical power, gas and transport contracts and markets 3

Market Integrity Regime: scope and content Applies to all market participants of the wholesale energy markets (gas, power and transportation) Does not apply to: > Financial Instruments covered by Market Abuse Directive > Gas, power, transportation derivatives traded on exchanges > Supply contracts with end consumers > TSOs: Purchase of reserve and balancing energy >CO 2 Applies to: > Physically settled spot and wholesale OTC transactions (forward) in gas and power > Transportation contracts Prohibition to manipulate market: > manipulative trading: false/misleading signals on supply, demand or price > manipulative information: false/misleading information e. g. withholding of generation or transmission capacity Prohibition of insider trading: > trading on insider information, e. g. covering short positions in case of power plant outages > disclosing insider information to third parties before its publication, possibly between generation and trading branch of a company > Investment recommendation 4

Data Reporting/Sharing & Data Transparency Reporting and Publication of Fundamental Data and Inside Information Transaction Reporting of all wholesale energy transactions in relation to gas, power and transportation (incl. derivatives/financial instruments) Owner/Operator of infrastructure; Market Participants Exchanges Trade Repositories Market Participants/ Agents Brokers Financial Market Regulators Public Transparency National Energy Market Regulators National Financial Market Regulators National Competition Authorities, e. g. BKartA Other relevant Authorities, e. g. ESMA, DG Comp 5

Disclosure Obligations 6 6

Data Reporting 7 7

Market Oversight & Cooperation Information about Market Abuse under MAD Monitoring to detect Market Abuse under REMIT Suspects Market Abuse under REMIT Information about Market Abuse under REMIT if Cross-border impact Investigatory Group: Relevant National Energy Regulators to investigate Market Abuse under REMIT ACER triggers investigation of Market Abuse under REMIT Information about Market Abuse under REMIT Monitor Suspect Market Abuse under REMIT Investigation National Energy Regulators Measures to remedy breach Penalties Information about Market Abuse under MAD National Financial Regulators 8

Chapter 2: REMIT Timeline ACER Transaction Recommendations Stakeholder Review IA Proposal? Comitology? * = Expert group Meetings Implementation * 2012 J A S O N D * * * * 2 nd Guidance 2013 * * J F M A M J J A S O N D 3 rd Guidance * * ACER PILOT TR User Manual Registration Deadline 2014 J F M A M J J A S Q4 Reporting Starts Draft Implementing Acts (IA) undergoing comitology process: Commission presented draft rules to Committee December 2013 Entry into force ~ Q2 '14 Start of data reporting ~ Q4 '14 Registration as a Market Participant driven by content of Implementing acts. (Article 9(1)) Market surveillance: REMIT transaction reporting and provision of fundamental data by market participants to ACER (Art. 8) 9 9

Traders and brokers: Further suggestions 10

Expected Implementation 2011 2012 2013 2014 2015 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Transaction Reporting & Record Keeping Q1 Q2 Q3 Q4 Q1 PHASE Q2 2 PHASE Q3 3 Q4 Q1 U.S. DFA Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 PHASE 1 PHASE 2 PHASE 3 REMIT PHASE 1 PHASE 2 PHASE 3 EMIR PHASE 1 PHASE 2 PHASE 3 MTA PHASE 1 PHASE 2 PHASE 3 MiFID II Clearing Obligations PHASE 2 & 3 U.S. DFA PHASE 1 PHASE 2 PHASE 3 EMIR Phase-in of central clearing Risk Mitigation PHASE 2 & 3 U.S. DFA PHASE 1 & 2 PHASE 3 EMIR Insider Dealing and Transparency REMIT REMIT Applicable since 2011 PHASE 1 PHASE 2 PHASE 3 MTA PHASE 1 PHASE 2 PHASE 3 MAR Financial activities and services PHASE 2 & 3 U.S. DFA CRD IV Commodities exemption expires end 2014 Impact Assessment Impact Assessment PHASE 1 PHASE 2 PHASE 3 PHASE 1 PHASE 2 PHASE 3 MiFiR MiFID II 11

Examples for insider trading Energy-Manager X finds out that a company related power plant (450 MW) will unplanned down for 5 hours. Therefore X wants to buy low-priced energy at stock exchange before the information is published. Result: Information is not published, precisely and affects the price. Insider trading Energy-Manager X finds out that a company related power plant (25 MW) will be down at the next day for a few hours. The default has not been published and X is willing to buy energy at the stock exchange. Result: Information is not published, precisely but does not affect the price due to the low power plant capacity with 25 MW (>100 MW). No insider trading or market manipulation 12

Examples for market manipulation Electricity trader X is worried about the future sales of electricity from the company related nuclear power plants and wants to accomplish higher profits. So it works out for him supposedly favorable that he is friends with a business journalists Y from a mayor news agency, who does not take ethical standards seriously. X persuaded Y to spread a message for a fee, that also France will at short notice shut down nuclear power plants and hence needs to import electricity from Germany. Y is aware that the distribution of this information is designed to signalize other market participants an increasing demand of electricity and this will be reflected by increasing prices in spot and forward markets. Result: market manipulation Pretending of incorrect facts Distribution of misleading or false information 13

Examples for market manipulation Trader X Dealer B trading options on gas. On Twitter and in relevant online forums as well as with a related journalist he spreads a rumor about disputes of transit fees between Russia and Ukraine, and mentions a possible stop in supplies. Result: market manipulation Pretending of incorrect facts Distribution of misleading or false information 14