ESMA, ACER MCM Effects Assessment


On Mar. 1, ESMA and ACER reported on market correction mechanism.


  • ESMA and ACER published assessment reports on the market effects resulting from the gas market correction mechanism (MCM), following Jan. 2023 preliminary reports.
  • Follows ESMA and ACER Jan. 2023 reported MCM preliminary data, see #161284.
  • Also follows EU CNCL Dec. 2022 Reg 2022/2578 establishing MCM, see #154155.
  • ESMA Summary
  • Results confirm findings of preliminary data report of no measurable impact of MCM.
  • Report explores whether some shift of trading has unfolded as a consequence of MCM.
  • Based on this analysis, ESMA notes that no changes in the EU gas derivatives trading could be identified so far that could be unequivocally and directly attributed to MCM.
  • Describes impact of the MCM on CCPs’ capacity to conduct risk management activities, in particular to calculate exposures and to manage potential clearing member defaults.
  • The analysis performed did not result in the identification of noticeable changes in CCP risk management or in margin requirements that could be attributed to the MCM.
  • The impact of the MCM could be different as the market environment changes.
  • Announcements by ICE Endex, EU Enrg Exc to offer trading of TTF contracts in UK and EU OTF, both outside scope of MCM Regulation, confirm market participants preparing for a scenario where MCM could be activated in future (see #161551, #163345).
  • The effects assessment covers time horizon since adoption of the MCM in Dec. 2022, and granular market indicators regarding trading activity, liquidity and execution.
  • ACER Summary
  • Neither ACER nor ESMA identified significant impacts (positive or negative) that could be unequivocally and directly attributed to adoption of MCM; should not infer that MCM will not have impact on financial and energy markets or security of supply in future.
  • ACER and ESMA continue to emphasize need to regularly monitor gas markets and gas trading activities to identify risks and assist in detecting potential impacts of the MCM.
  • Found valid arguments for extending MCM only to virtual trading points (VTPs) where liquidity of gas derivative trading is modest to high; considers that the extension of the MCM to other VTPs would not likely lead to significant negative effects in gas markets.
  • Found valid arguments for using the same activation and de-activation conditions, making use exclusively of the Dutch TTF front-month price and the same dynamic price-bidding limit at the EU VTPs (where the MCM is extended to other VTPs).
  • Did not identify need for revising price references used for reference price calculation.
  • And ACER could not identify technical reasons to change the current activation or de-activation conditions of the MCM or for changing the dynamic price-bidding limit.
  • Will continue monitoring effects of MCM in energy markets and on security of supply.
  • Dec. 2023 MCM Extension
  • On Dec. 20, 2023, EU ACER said EU energy ministers have agreed to extend the gas market correction mechanism (MCM) for a period of one year, until Jan. 31, 2025.
  • Ministers reached a political agreement to extend the period of application of three EC regs (adopted in Dec. 2022) designed for emergency situations, including gas MCM.
  • Next, the EU CNCL will aim to formally adopt the regulations by written procedure.
  • Follows EC Dec. 2023 reached agreement on emergency measures, see #195679.

Regulators EU ACER; EU ESMA
Entity Types B/D; Depo; Exch; OTC
Reference PR, 12/20/2023; PR, Rp ESMA70-445-794, 3/1/2023; MCM Reg 2022/2578
Functions Compliance; Financial; Legal; Operations; Product Administration; Risk; Sales Practices; Trading
Countries European Union
Category
State
Products Clearing; Commodities; Derivatives
Regions EMEA
Rule Type Final
Rule Date 3/1/2023
Effective Date 1/31/2025
Rule Id 164894
Linked to Rule :165328
Reg. Last Update 12/20/2023
Report Section EU

Last substantive update on 12/27/2023