The Code of Good Administrative Behaviour provides that an answer to a question should be provided within 15 working days. However, if the question is complex and requires for instance further examination or a consultation with other parties, then a holding reply should be sent. The code provides, in particular, that in case of requests for already published documents, the person making the enquiry should be directed to the place where the document is freely accessible. The code also draws attention to correspondence which can reasonably be regarded as improper, for example, because it is repetitive, abusive and/or pointless. Furthermore, the code stipulates that measures taken should be proportional to the aim pursued. The application of the code should never lead to imposition of administrative of budgetary burden out of proportion to the benefit.
The Agency has very limited resources but it receives an extremely high number of questions every month. Therefore, it has set up a policy, in line with the Code of the Good Administrative Behaviour, to deal with the questions in a consistent and im-partial way.
Normally, the Agency aims to reply within 15 working days from the date of the receipt of the question. An automatic reply which constitutes the holding reply as mentioned in the code is, however, sent to all questions that the Agency receives. This is because many questions that the Agency receives are of complex nature.
Also, the Agency aims at ensuring a harmonised application of the regulation in all Member States. Hence, the Agency normally initiates a discussion with all NRAs in order to find a common understanding in order to reply to the question. The discussion may take some time, but the consultation process guarantees that all NRAs in all 28 Member States will have the same understanding and interpretation of the same matter. This, on the other hand, will ensure a harmonised enforcement of REMIT and the implementing regulation throughout the Union.
Many questions that the Agency receives concern documentation which is already published. Often questions are also repetitive and an answer has already been provided for instance in the Agency's Q&A or FAQ documents. The Agency estimates that more than half of the incoming queries received on a weekly basis are already addressed by the existing documentation and are, thus, repetitive. As of 1 May 2016, the Agency will no longer follow up these questions individually, and the Agency considers the automatic reply, which is referring to the relevant documentation , as an answer to the question. The stakeholder can then find all relevant information by reading the already sent holding reply which contains a comprehensive list of all publicly available documentation on REMIT implementation.
In case a query is not addressed by the existing documentation, the Agency will reply to it on a one to one basis depend-ing on the urgency and the scope of the queries received.
Despite the Agency's effort to manage stakeholder queries, it should be stressed that the Agency cannot replace the stakehoders' own compliance efforts.
Code of Good Administrative Behaviour:
14 December 2021
ACER publishes the 26th edition of the Q&As on REMIT - see below new items:
II.4.57 [New 14 December 2021] When registering on CEREMP, how shall market participants fulfil the mandatory field named "publication inside", dedicated to the web address of the platform used by the MP to publish its inside information?
As stated in the Open Letter published by ACER on 20 November 2020, the disclosure of inside information by market participants in order to comply with the obligation set out in Article 4(1) of REMIT should occur, from 1 January 2021 onwards, on an Inside Information Platform (IIP) listed by ACER on the REMIT Portal.
III.3.10 [last update 14 December 2021] Is there a special data format or protocol for the web feed (Article 10 of Commission Implementing Regulation (EU) No 1348/2014) how the data shall be provided to the Agency (e.g. email, .csv-file, etc.)?
The Agency has published Guidance on the implementation of web feeds for Inside Information Platforms (UMM Guidance) which covers the technical issues concerning inside information disclosure under Article 10(1) and (2) of Commission Implementing Regulation (EU) No. 1348/2014. The UMM Guidance includes details of the standard web feed formats (RSS and ATOM) and the schema (.xsd) to be used. The UMM Guidance is published on the REMIT Portal: https://www.acer-remit.eu.
III.7.22 [Updated on 14 December 2021] Assuming that a market participant uses the own company website as backup for the publication of inside information. What are the minimum data quality requirements for effective disclosure of inside information which apply in this case (for the backup solution)?
According to Article 4(1) of REMIT, market participants shall publicly disclose inside information which they possess in an effective and timely manner. ACER believes that in order to achieve effective disclosure according to Article 4 of REMIT, the information shall be disclosed using a platform for the disclosure of inside information (Inside Information Platform or IIP), i.e. an electronic system for the delivery of information which allows multiple market participants to share information with the wider public and complies with the minimum quality requirements listed in Chapter 4.2.2 of the ACER Guidance on REMIT. In case an inside information platform is temporarily unavailable, market participants shall refer to the backup solution provided by the IIP, as indicated in Chapter 4.2.2 of the ACER Guidance on REMIT. In the light of the persisting exceptional circumstances triggered by the Covid-19 pandemic, ACER extended the possibility for market participants to temporarily publish inside information on their own corporate website as a backup solution until 31 December 2022. Such an exceptional condition may apply only insofar as the market participant website that is used as a backup solution fulfils the relevant minimum data quality requirements of Chapter 4.2.2 of the ACER Guidance on REMIT, as indicated in the Open Letter on the on the disclosure of inside information through Inside Information Platforms and corporate websites as a backup solution in case of platform unavailability of 14 December 2021. Market participants using a backup solution shall provide information on the backup solution during registration, according to Article 9(5) of REMIT.
29 July 2021
ACER publishes the 25th edition of the Q&As on REMIT: two existing Q&As have been updated and clarified, and two new Q&As have been included:
II.3.9., p. 12
III.3.48., p. 72
II.4.38., p. 24
II.4.53., p. 31