HWW Hewelt Wojnowski Lindner i Wspólnicy sp.k. helps energy companies meet their REMIT obligations and register in CEREMP. Matters are led by Aleksandra Lindner, partner and adwokat (Polish advocate).
What this matter requires of counsel
CEREMP registration before a transaction reported to ACER
Counsel determines which transactions require reporting to ACER and in which country the company should register. REMIT covers trading in energy products sold on the wholesale market (Article 1(2), as amended by Regulation (EU) 2024/1106). A market participant submits the registration form before its first transaction subject to ACER reporting (Article 9(4) REMIT). ACER is the European Union Agency for the Cooperation of Energy Regulators. The Energy Regulatory Office (URE) makes the registration form available in the national register of market participants (Article 23a(1) and (2) of the Polish Energy Law (Prawo energetyczne)).
An EU company entering transactions reported to ACER registers in its country of establishment (Article 9(1) REMIT, as amended by Regulation (EU) 2024/1106). A company from outside the EU covered by this obligation appoints a representative in the Member State where it operates on the wholesale energy market, and registers there (Article 9(1) REMIT). Before the company enters the market, counsel verifies the entry and the representative’s access to the data and means needed to cooperate with regulators.
Updating CEREMP data and penalties of the President of URE
The national register of market participants includes, among other things, the VAT number, the registered address, the persons responsible for operational and trading decisions, and the highest control unit (Article 9(2) REMIT). A market participant reports changes to its data without delay (Article 9(5) REMIT). When the corporate group changes, counsel compares the form with the current control structure and the division of trading decisions.
The Energy Law provides for a financial penalty for transactions without the required entry, failure to update, and incomplete or false data (Article 56(1)(42)). The President of URE imposes the penalty in an administrative decision (Article 56(2) of the Energy Law). Before launching trading, the management board should verify the entry and designate a person to report later changes.
REMIT: reporting transactions to ACER and disclosing inside information
A market participant reports wholesale transactions and orders through a registered reporting mechanism (Article 8(1) REMIT, as amended by Regulation (EU) 2024/1106). Counsel reviews the agreement, the confirmations of data receipt by ACER, and the error correction procedure.
Inside information is of a precise nature, remains non-public, concerns energy products sold on the wholesale market, and, if disclosed, could significantly affect their prices. Article 2(1) REMIT, as amended by Regulation (EU) 2024/1106, contains the definition. An intermediate stage of a protracted process may constitute inside information if it meets the criteria by itself.
A market participant discloses inside information subject to the obligation effectively and in a timely manner through inside information platforms. The obligation covers information in the market participant’s possession about the business or facilities that it, its parent undertaking or a related undertaking owns or controls or for whose operational matters it is responsible. Article 4(1) REMIT, as amended by Regulation (EU) 2024/1106, sets out the obligation. Counsel determines who assesses an event, who approves the message, and who publishes it during the absence of the responsible person. The Energy Law provides for penalties for breaches of the inside information publication and reporting obligations (Article 56(1)(39) and (40)).
REMIT: market abuse and inspections of the President of URE
REMIT prohibits the use of inside information (Article 3(1), as amended by Regulation (EU) 2024/1106) and manipulation and its attempt (Article 5). In cases of such abuse, the President of URE conducts an inspection or explanatory proceedings (Article 23b(1) of the Energy Law). The President of URE may also inspect compliance with Articles 4, 8 and 9 REMIT (Article 23b(1a)(1) of the Energy Law). Market manipulation is a criminal offence (Article 57a(1) of the Energy Law). The prohibition covers the use of inside information when amending or cancelling an order placed before obtaining it (Article 3(1) REMIT, as amended by Regulation (EU) 2024/1106). Counsel secures documents and data that make it possible to reconstruct the knowledge of persons taking trading decisions and the sequence of order changes and publications.
How to assess counsel for this matter
The management board can compare law firms by requesting sample materials:
- A schedule of agreements and products with assigned obligations and the justification for their classification.
- A timetable of steps before the first transaction, indicating the documents confirming their completion.
- A data flow diagram that separates transaction reporting, inside information publication, and register updates.
- A division of responsibilities and substitutions, and a list of the documents needed to respond to a letter from the President of URE.
What we have done in this area
In 2024 and 2025, an independent electricity trading company was entering the exchange market. HWW prepared applications for admission to operate on the commodity market and on the OTF platform, and the internal rules required of an exchange member. It also prepared an application to use the mechanism for reporting transactions to ACER. During the work, HWW pointed out that the company’s data in the CEREMP register needed updating. HWW later prepared the company for an inspection carried out by the exchange.
In 2024, an electricity trading company applied for a general distribution agreement. HWW handled the correspondence with the operator and provided the company’s ACER code. It also explained a discrepancy in the company’s data in the European register of market participants.
Offer and contact
We describe the scope, the fee and how to instruct us in the REMIT and CEREMP offer. You can describe the matter in the form or call +48 22 100 42 24.