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Parliament backs EU crackdown on energy market abuse

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Published 16 September 2011

New rules to monitor trading and prevent abuses in European wholesale energy markets were approved by EU lawmakers on Wednesday (14 September), in a move which MEPs said would help bring down prices for consumers.

The new rules ban the use of insider information and market manipulation practices in a wholesale market estimated to be worth around €500 billion per year.

The EU Regulation on Energy Market Integrity and Transparency (REMIT) covers all wholesale energy trading in the EU, including contracts and derivatives for the supply and transportation of natural gas and electricity.

"We want pricing for consumers to be transparent, and unfortunately there are too many deals in the wings paid for at the end by consumers with too high energy prices," said German liberal lawmaker Jorgo Chatzimarkakis, who drafted the European Parliament's position on the draft law.

The legislation establishes a team of about 15 market monitors, based at the Agency for the Cooperation of Energy Regulators (ACER) in Slovenia, who will have extensive powers to collect market data and flag market abuse.

In investigating potential abuses, ACER will have to consult with national regulators but will hold the final say over decisions.

"Wholesale trading will now be monitored independently across the EU, to enable member states to prevent and punish anti-competitive behaviour," the Parliament said in a statement.

The requirements to report information on trades to ACER are due to take effect in about six months' time, the statement said.

ACER will also have access to data on the trade of carbon pollution permits in the EU's emissions trading scheme.

Offenders caught manipulating markets will be inflicted penalties at the national level "to reflect the damage done to consumers," the Parliament said. The European Commission will come up with a proposal on penalties during the course of 2012.

Positions: 

European Parliament President Jerzy Buzek welcomed the vote, saying: "Energy must remain affordable for everyone as it is the key to the economy. I welcome this important regulation, which guarantees transparency and prevents abuses in wholesale energy trading, ensuring affordability and fairness in the market. The regulation will help to ensure more transparent pricing across the EU."

"It is very important that the development of energy prices is transparent," said German liberal MEP Jorgo Chatzimarkakis, who drafted the Parliament's position on the proposal. "Sadly, there are still too many deals and arrangements behind closed doors for which consumers have to pick up the bill. With the report adopted today, the protection against market abuse will be strengthened. Transparent prices will lead to more growth, employment and innovation."

Konrad Szymanski, a Polish lawmaker from the European Conservatives and Reformists group (ECR), said the new regulation would increase energy security in Central Europe, which he said "is still too dependent on Gazprom". Szymanski added that ACER's growing responsibilities will require "strengthening the financing of the agency in the near future".

The Polish conservative MEP also welcomed aspects of the new REMIT regulation dealing with confidentiality, saying it offers "better guarantees" for companies submitting sensitive commercial data to ACER.

Gaston Franco, a French conservative MEP from the European People's Party (EPP), welcomed ACER's transformation into what he called "a veritable database" on market trades. He also welcomed the news that the Slovenia-based agency will be granted a "power of initiative" on market monitoring.

Next steps: 
  • The REMIT regulation is now being forwarded to EU member state representatives at the Council of Ministers for approval (first reading).
  • It will become law 20 days after its publication in the EU Official Journal.
  • 2012: European Commission to submit legislative proposal to harmonise the sanctions against market abuses that will be applied at the national level.

COMMENTS

  • Smack-dab what I was lokonig for-ty!

    By :
    Augustina
    - Posted on :
    30/09/2011
  • Super infomraivte writing; keep it up.

    By :
    Dortha
    - Posted on :
    02/10/2011
Background: 

The EU Regulation on Energy Market Integrity and Transparency (REMIT) covers all wholesale energy trading in the EU, including contracts and derivatives for the supply and transportation of natural gas and electricity.

The regulation bans the use of insider information and market manipulation practices, with penalites to be applied at the national level "to reflect the damage done to consumers".

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