EU ACER Market Abuse Protection


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
Products Commodities; Corporate
Regions EMEA
Rule Type Guidance
Rule Date 12/6/2024
Effective Date 12/6/2024
Rule Id 236316
Linked to N/A
Reg. Last Update 12/6/2024
Report Section EU

Last substantive update on 12/11/2024