EU ACER Market Abuse Protection

Published on: Dec 11, 2024

On Dec. 6, EU ACER outlined ESMA cooperation against market abuse.

  • EU ACER discussed cooperation with ESMA to protect businesses and consumers from market abuse of the energy market, after discussions at 7th ETEF on Dec. 3, 2024.
  • Follows EU ACER Apr. 2024 open letter on revised REMIT regulation, see #208984.
  • The two organizations meet annually at the Energy trading enforcement forum (ETEF), where they share experiences on supervisory activities and enforcement actions.
  • Summary
  • Regulatory oversight of potential market abuse of trading in energy and financial products falls under 2 regulatory frameworks: EU regulation on wholesale energy market integrity and transparency (REMIT) and Market abuse regulation (MAR).
  • ETEF discussions included enhanced REMIT regulatory framework, which includes new measures to better protect the EU citizens and businesses from energy market abuse.
  • Aligns EU definitions/provisions for transparency and integrity with financial markets.
  • Grants EU ACER new investigatory/enforcement powers in certain cross-border cases and calls for a reinforced cooperation between energy and financial regulators.
  • ETEF also consolidated cooperation principles for market abuse cases falling under MAR & REMIT (i.e. involve wholesale energy products which are also financial instruments).
  • The growing role of AI in energy and financial markets’ trading was also a major topic.
Regulators
EU ACER; EU ESMA
Entity Types
B/D; CNSM; Corp; Exch
Reference
PR, 12/6/2024; REMIT Reg 1227/2011; Reg 2024/1106; MAR Reg 596/2014
Functions
Compliance; Financial; Legal; Market Conduct; Operations; Product Administration; Product Design; Registration/Licensing; Reporting; Risk; Trade Reporting; Trading
Countries
European Union
Category
Central Government; National Regulator
State
N/A
Products
Commodities; Corporate
Rule Type
Guidance
Regions
EMEA
Rule Date
Dec 6, 2024
Effective Date
Dec 6, 2024
Rule ID
236316
Linked to
N/A
Reg. Last Update
Dec 6, 2024
Report Section
EU