Article 1, Point (6) · Regulation (EU) 2024/1106

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(6)the following article is inserted:‘Article 4aAuthorisation and supervision of inside information platforms1.An IIP shall operate only after the Agency has assessed whether that IIP complies with the requirements set out in paragraphs 3, 4 and 5 and has authorised its operation. The Agency shall establish a register of IIPs which it has authorised pursuant to this paragraph. The register of IIPs shall be publicly available and shall contain information on the services for which the IIP is authorised. The Agency shall regularly review the compliance of IIPs with paragraphs 3, 4 and 5.2.IIPs registered by the Agency pursuant to Commission Implementing Regulation (EU) No 1348/2014^note and included in the Agency’s list of IIPs shall be allowed to continue operating until the Agency has taken a decision on authorisation pursuant to this Article.3.An IIP shall have adequate policies and arrangements in place to make public the inside information as required under Article 4(1) as close to real time as is technically possible, on a reasonable commercial basis. The inside information shall be made available and easily accessible for all purposes free of charge, including through a website or an application programming interface. The IIP shall efficiently and consistently disseminate such information in a manner that ensures prompt access to the inside information, on a non-discriminatory basis and in a manner that facilitates the consolidation of the inside information with similar data from other sources.4.The inside information that is made public by an IIP pursuant to paragraph 3 shall include at least the following details, depending on the type of inside information:

(a)the message ID and the event status;

(a)does not make use of the authorisation within 12 months of the date on which the authorisation was issued, expressly renounces the authorisation or has provided no services in the preceding six months;

(a)the means by which an IIP is to fulfil the obligation to make public the inside information laid down in paragraph 3 of this Article;

(b)the date and time of the publication and the date and time of the beginning and the end of the event;

(b)obtained the authorisation by making false statements or by any other irregular means;

(b)the content and any relevant further details of the inside information made public pursuant to paragraphs 3 and 4 of this Article in such a manner as to enable the publication of information required under this Article;

(c)the name and identification of the market participant;

(c)no longer meets the requirements for authorisation set out in paragraphs 3, 4 and 5;

(c)the specific organisational requirements for the implementation of paragraph 5 of this Article;

(d)the bidding or balancing zone concerned;

(d)did not bring the infringement to an end; or

(d)the details concerning the process of withdrawing an authorisation of an IIP referred to in paragraph 7 of this Article;

(e)the type of information, such as unavailability, forecast and actual use; and

(e)has seriously and systematically infringed this Regulation.

(e)the procedural safeguards referred to in paragraph 6 of this Article;

(f)where applicable:

(i)the type of unavailability and the type of event;

(ii)the unit of measurement;

(iii)the unavailable, available and installed or technical capacity;

(iv)where the installed or technical capacity is unavailable, the reason for the unavailability;

(v)the type of fuel;

(vi)the affected asset or unit and its identification code.

(f)the details concerning the process of orderly substitution referred to in paragraph 7 of this Article;

(g)the detailed arrangements for informing market participants of a decision to withdraw the authorisation of an IIP.

5.An IIP shall operate and maintain effective administrative arrangements designed to prevent conflicts of interest with its clients. In particular, an IIP who is also an OMP or market participant shall treat all inside information collected in a non-discriminatory manner and shall operate and maintain appropriate arrangements to separate different business functions.An IIP shall have sound security mechanisms in place designed to guarantee the security of the means of transfer of inside information, to minimise the risk of data corruption and unauthorised access and to prevent inside information leakage before publication. The IIP shall maintain adequate resources and shall have back-up facilities in place in order to offer and maintain its services.The IIP shall have mechanisms in place allowing inside information reports to be quickly and effectively checked with regard to their completeness, to identify omissions and obvious errors, and to request receipt of a corrected version of such reports.6.Where the Agency finds that an IIP has infringed any of the requirements laid down in paragraphs 1 to 5 of this Article, it shall, before withdrawing an authorisation pursuant to paragraph 7 of this Article, afford the IIP the appropriate procedural safeguards, including those referred to in Article 14(6), (7) and (8) of Regulation (EU) 2019/942.7.The Agency may withdraw the authorisation of an IIP by means of a decision and remove it from the register where the IIP:In the case of a decision as referred to in the first subparagraph of this paragraph, the Agency shall indicate the legal remedies available pursuant to Articles 28 and 29 of Regulation (EU) 2019/942.An IIP whose authorisation has been withdrawn by the Agency shall inform all relevant market participants and shall ensure orderly substitution including the transfer of data to other IIPs, chosen by market participants, and the redirection of reporting flows to other IIPs. The Agency shall set a reasonable period of at least six months to ensure such orderly substitution. During that period the IIP shall ensure continuity of the services that it provides. The Agency may, however, set a shorter period if the continued operation of the IIP could jeopardise the orderly operation of the system, having regard to the seriousness of the facts leading to the withdrawal of the authorisation.The Agency shall, without undue delay, notify the national regulatory authority in the Member State where the IIP is established of any decision to withdraw the authorisation of an IIP pursuant to the first subparagraph and shall inform the market participants thereof.8.By 8 May 2025, the Commission shall adopt a delegated act in accordance with Article 20 to supplement this Regulation by specifying:

Defined terms · 4

Show every defined term

IIP
means a person authorised pursuant to this Regulation to provide the service of operating a platform for the disclosure of inside information and for the reporting of disclosed inside information to the Agency on behalf of market participants;(18)“algorithmic trading” means trading, including high-frequency trading, in wholesale energy products where a computer algorithm automatically determines individual parameters of orders to trade such as whether to initiate the order, the timing, price or quantity of the order or how to manage the order after its submission, with limited human intervention or no such intervention at all, not including any system that is only used for the purpose of routing orders to one or more organised marketplaces or for the processing of orders involving no determination of any trading parameters or for the confirmation of orders or the post-trade processing of executed transactions;(19)“direct electronic access” means an arrangement whereby a member, participant or client of an organised marketplace allows another person to use its trading code so the person can electronically transmit orders to trade relating to a wholesale energy product directly
market manipulation
means: Market manipulation may designate the conduct of a legal person, or, in accordance with Union or national law, of a natural person who participates in the decision to carry out activities for the account of the legal person concerned;’;
OMP
means an energy exchange, an energy broker, an energy capacity platform or any other system or facility in which multiple third-party buying or selling interests in wholesale energy products interact in a manner that may result in a transaction;(21)“order book” means all the details of wholesale energy products executed at an OMP, including matched and unmatched orders as well as system-generated orders and life cycle events;(22)“benchmark” means an index as defined in Article 3(1), point 3, of Regulation (EU) 2016/1011 of the European Parliament and of the Council, by reference to which the amount payable under a wholesale energy product, or a contract relating to a wholesale energy product, or the value of a wholesale energy product is determined;
RRM
means a legal person authorised pursuant to this Regulation to report or to provide the service of reporting details of transactions, including orders to trade, and fundamental data to the Agency on its own behalf or on behalf of market participants;(17)“inside information platform” or “IIP” means a person authorised pursuant to this Regulation to provide the service of operating a platform for the disclosure of inside information and for the reporting of disclosed inside information to the Agency on behalf of market participants;(18)“algorithmic trading” means trading, including high-frequency trading, in wholesale energy products where a computer algorithm automatically determines individual parameters of orders to trade such as whether to initiate the order, the timing, price or quantity of the order or how to manage the order after its submission, with limited human intervention or no such intervention at all, not including any system that is only used for the purpose of routing orders to one or more organised marketplaces or for the processing of orders involving no determination of any trading parameters or for the confirmation of orders or the post-trade processing of

Regulation (EU) 2024/1106

Defined terms · 4

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