RRM Terms and Conditions of Towarowa Giełda Energii S.A.

Transcription

1 RRM Terms and Conditions of Towarowa Giełda Energii S.A. RRM Terms and Conditions of Towarowa Giełda Energii S.A. The consolidated text announced by the Management Board of Towarowa Giełda Energii S.A. on 13 July 2015 by the Resolution No. 151/38/15, shall enter into force on 15 July 2015.

2 TABLE OF CONTENTS CHAPTER I... 4 GENERAL PROVISIONS... 4 DEFINITIONS... 4 CHAPTER II... 7 PARTICIPATION IN RRM TGE... 7 RRM PARTICIPANT... 7 APPLICATION FOR PARTICIPATION IN RRM... 7 RRM PARTICIPANT OBLIGATIONS... 8 RESIGNATION FROM PARTICIPATION IN RRM... 9 CHAPTER III... 9 ACCESS TO THE RRM SYSTEM... 9 ACCESS CODE TO THE RRM SYSTEM... 9 MAINTENANCE BREAK CHAPTER IV LAW APPLICABLE LAW LANGUAGE RESPONSIBILITY FOR REPORTING RESPONSIBILITY FOR ACCESS CHAPTER V PERSONAL DATA PROTECTION CHAPTER VI DISCIPLINES CATALOGUE OF DISCIPLINES REPROOF... BŁĄD! NIE ZDEFINIOWANO ZAKŁADKI. EXCLUSION FROM THE PARTICIPATION IN RRM APPEAL AGAINST THE IMPOSED DISCIPLINES CHAPTER VII FEES FEES AMOUNTS... BŁĄD! NIE ZDEFINIOWANO ZAKŁADKI. PAYMENT OF FEES CHAPTER VIII FINAL PROVISIONS ACER PROCEDURES CURRENT RRM ORDINANCE AMENDMENTS TO THE RRM TERMS AND CONDITIONSS... 14

3 APPENDICES TO THE RRM TERMS AND CONDITIONSS:... 14

4 CHAPTER I GENERAL PROVISIONS 1 RRM Terms and Conditions of the Polish Power Exchange 1. This RRM Terms and Conditions shall define the rules of TGE's provision of the Trade Data Reporting Service, or Trade Data Backloading Service, or Access to Trade Data for the Market Participant, who is a RRM Participant. 2. The Trade Data Reporting Service and Trade Data Backloading Service enable the Market Participant to comply with the obligation of reporting set forth in Article 8 of the REMIT Regulation and Article 6 and 7 of the REMIT Implementing Regulation through TGE. 3. TGE, providing the Market Participant only with Access to Trade Data, shall not comply with the obligation of reporting set forth in Article 8 of the REMIT Regulation and Articles 6 and 7 of the REMIT Implementing Regulation instead of the Market Participant. In this case, the RRM Participant shall report the Trade Data via other RRM. 4. The conclusion of the Trade Data Reporting Service Transactional or Trade Data Backloading Service, or of Access to Trade Data agreement of the content specified in this RRM Terms and Conditions with TGE shall follow on the date of TGE's acceptance of an applicant's application for Trade Data Reporting Service, or Trade Data Backloading Service, or Access to Trade Data. 2 DEFINITIONS For the purposes of this RRM Terms and Conditions, the following definitions shall apply: ACER Exchange Member Trade Data Agency for the Cooperation of Energy Regulators established under the Regulation of the European Parliament and of the Council (EU) No. 713/2009 of 13 July Entity having the status of a the Exchange Member admitted to trading: a) in the scope of trading of exchange commodities in accordance with the Trading Rules for the Commodities Market of Towarowa Giełda Energii S.A., or b) in the scope of trading of financial instruments on the regulated market operated by TGE in accordance with the Trading Rules for the Financial Instruments Market of Towarowa Giełda Energii S.A. All standard contracts within the meaning of Article 3. Section 1 letter a) of the REMIT Implementing

5 Regulation concluded by the RRM Participant on a commodity exchange or a regulated market conducted by TGE, together with the associated and non-associated orders, covered by the obligation of reporting of the REMIT Regulation. Access to Trade Data Working Day XML format for ACER data ACER Code ARIS feedback Portfolio Maintenance Break Report RRM Terms and Conditions REMIT Regulation Access to Trade Data in the RRM System provided by TGE, allowing only independent sharing and retrieving the trade data by the RRM Participant in order to report them through another RRM. Access to Trade Data shall include: 1) Access to current Trade Data or/and 2) Access to Trade Data for backloading. Every day of the week, which is not a Saturday or a bank holiday in the Republic of Poland. The XML format defined by the ACER and intended to transmit the Trade Data. A unique code for each Market Participant given by the ACER used for identification when reporting the Trade Data. An electronic feedback report generated automatically by ARIS in response to the transferred Report. A recording account of the Exchange Member, on which orders and transactions are concluded. Temporary, planned or unplanned shutdowns of access to the RRM System for the RRM Participants by TGE in the event of necessary changes, removal of defects, repairs or maintenance of the RRM IT system. A electronic report prepared in data ACER format XML of ARIS containing the Trade Data relevant to the Portfolio indicated by the RRM Participant in the application for participation in the RRM TGE. These Terms and Conditions, under which the TGE provides Trade Data Reporting Service, or Trade Data Backloading Service, or only allows Access to Trade Data for the RRM Participant. The Regulation of the European Parliament and of the Council (EU) No. 1227/2011 wholesale energy

6 market integrity and transparency. REMIT Implementing Regulation RRM TGE ARIS System RRM System Table of Fees TGE RRM Participant Market Participant Trade Data Backloading The Commission Regulation No. 1348/2014 of 17 December 2014 on transmission of data, implementing the Article 8 Sections 2 and 6 of the REMIT the Regulation of the European Parliament and of the Council (EU) No. 1227/2011 on wholesale energy market integrity and transparency. The Registered Reporting Mechanism kept by TGE and registered in ACER under ID number: B PL The ACER REMIT Information System; the IT system processing Trade Data covered by the reporting obligation of the REMIT Regulation, managed by the ACER. The TGE's IT system used to report the Trade Data, compatible and integrated with the IT systems of TGE and the ARIS System. Appendix 1 to this RRM Terms and Conditions, specifying the types, amounts and rules of charging and collecting fees for reporting Transaction Data to ACER or for Access to Trade Data by TGE. Towarowa Giełda Energii S.A. (The Polish Power Exchange) with its registered office in Warsaw (address: ul. Poleczki 23, Warsaw, registered in the District Court of the Capital City of Warsaw under KRS number , of the share capital in the amount of PLN - 14,500, fully paid up, holding the Tax ID no , REGON State Statistical Number ; an entity professionally arranging transactions within the meaning of the Article 8 Section 2 item d) of the REMIT Regulation. The Market Participant, who concluded with TGE an agreement for Trade Data Reporting Service, or Trade Data Backloading Service, or who only has Access to Trade Data in accordance with the RRM Terms and Conditions. The market participant within the meaning of Article 2 item 7) of the REMIT Regulation. The service provided by TGE for the RRM TGE Participant, which allows the Market Participant to

7 Service perform the obligation specified in Article 7 item) 6 of the REMIT Implementing Regulation. Trade Data Reporting Service of RRM TGE The service provided by TGE for the RRM TGE Participant, which allows the Market Participant to perform the reporting obligation specified in Article 8 of the REMIT Regulation and Article 6 of the REMIT Implementing Regulation. CHAPTER II PARTICIPATION IN RRM TGE 3 RRM PARTICIPANT RRM Participant can be any Market Participant who is the Exchange Member. 4 APPLICATION FOR PARTICIPATION IN RRM 1. The entity intending to obtain the status of the RRM Participant shall submit an application for intention to conclude the agreement for Trade Data Reporting Service, or Trade Data Backloading Service, or Access to Trade Data. 2. The application should be submitted in accordance with the form set forth in Appendix 2 to the RRM Terms and Conditions, posted on the website in Polish or English. 3. The Application shall comprise: a) identification data of the applicant, b) determination of the service type: Trade Data Reporting Service, Trade Data Backloading Service, or Access to Trade Data, c) defining of a list of Trade Data Portfolios, d) required applicant's statements, including those stating that the applicant has read and agrees with the content of the RRM Terms and Conditions and the RRM TGE system user guide, e) the applicant's consent to issue VAT invoices by TGE in an electronic form without the invoice recipient's signature, f) the applicant's statement indicating the proper ACER codes, g) indication of persons authorized to access the RRM system on behalf of the applicant and to represent the applicant in RRM TGE, h) the proposed date of commencement of reporting or access to Trade Data. 4. TGE shall verify the information contained in the application on the basis of information and the documents collected in TGE.

8 5. The application shall be submitted to TGE in writing on the address: Towarowa Giełda Energii S.A. ul. Poleczki 23, Warszawa, with a note "RRM". 6. The application must be signed in accordance with the representation of the applicant, or bear a secure electronic signature verified with a valid qualified certificate. 7. The documents referred to in this paragraph, drafted originally in English, may be submitted in their original language version. If these documents are prepared in other foreign language (other than Polish or English), they should be submitted in translation into Polish or English by a sworn translator. 8. In order to ensure the proper reporting of Trade Data, TGE shall have the right, at any time, to require additional information beyond the scope covered by the application of the RRM Participant. 9. TGE shall make a decision on conclusion of the agreement for Trade Data Reporting Service, Trade Data Backloading Service, or Access to Trade Data of the content specified in this RRM Terms and Conditions and, at the same time, on obtaining the applicant's status of the RRM RGE Participant, taking into account the data contained in the application, within 10 Working Days after the date of submission of a correct and complete application. 10.Commencement of Trade Data reporting by RRM TGE or allowing Access to Trade Data shall follow on the date specified in the application, but not earlier than on the day following the day on which TGE will accept the application in accordance with Paragraph 9 above. 5 RRM PARTICIPANT OBLIGATIONS 1. The RRM Participant shall be obliged to: a) follow the RRM Terms and Conditions and the RRM TGE System User Guide, b) maintain confidentiality with regard to information obtained in relation to access to RRM, c) appoint at least one person authorized to access to the RRM System, a referred to in Section 4 Paragraph 3, letter g), d) inform TGE immediately about any changes to the data contained in the application for participation in RRM, e) receive any information regarding RRM submitted by TGE, f) monitor and verify the completeness, accuracy and timeliness of the RRM Participant's Trade Data reported by TGE RRM pursuant to Article 11 Paragraph 2 of the REMIT Implementing Regulation and to inform TGE immediately about any noticed inconsistencies. 2. The authorized person referred to in Section 4 Paragraph 3 letter g) may, on behalf of the RRM Participant, sign documents related to the participation in RRM, excluding withdrawing and granting further powers of attorney, as well as submission of the resignation from Participation in RRM.

9 6 RRM Terms and Conditions of the Polish Power Exchange RESIGNATION FROM PARTICIPATION IN RRM 1. The RRM Participant shall have the right, at any time, to resign from the Participation in RRM upon one-month notice, effective at the end of the calendar month, without providing grounds for this decision. 2. The RRM Participant shall resign in writing and send the written resignation on the address: Towarowa Giełda Energii S.A. ul. Poleczki 23, Warszawa, with a note "RRM", signed in accordance with the representation of the RRM Participant or bearing a secure electronic signature verified with a valid qualified certificate, in Polish or English. 3. TGE may terminate the agreement for Trade Data Reporting Service Data or Access to Trade Data upon notice, in the event of closing the RRM activities by TGE, in writing or in an electronic form, with a secure electronic signature verified with a valid qualified certificate. 4. The resignation in accordance with Paragraph 1 or termination of the agreement in accordance with Paragraph 3 above shall not exempt the RRM Participant from performance of their obligations arising from the activity in RRM TGE, in particular paying any charges to which payment they shall be required. CHAPTER III ACCESS TO THE RRM SYSTEM 7 ACCESS CODE TO THE RRM SYSTEM 1. The authorized person referred to in Section 4 Paragraph 3 letter g) of the RRM Terms and Conditions shall obtain access to the RRM System by providing a personal access code in RRM. 2. TGE shall provide the personal access code to the RRM System after accepting the entity as the RRM Participant. 3. The authorized person referred to in Section 4 Paragraph 3 letter g) of the RRM Terms and Conditions, shall have the right for access to the RRM System only in the scope necessary to perform activities related to the Participation in RRM. 4. The RRM Participant and the persons authorized by them referred to in Section 4 Paragraph 3 letter g) of the RRM Terms and Conditions shall be obliged to perform due diligence in order to prevent access to the RRM System of unauthorized persons. 5. The RRM Participants using the RRM system shall be required to observe the following rules: a) ensuring the proper functioning of their workstations, b) ensuring the safety of their workstations operation through protection against computer viruses and the unauthorized persons' access.

10 c) following the guidelines of the RRM System administrator of proper use of the RRM System. 6. The RRM Participant shall be obliged to allow access to their connections with TGE's IT systems for the authorized employees of TGE or persons designated by TGE, in order to perform technical inspections of the connection condition and correctness of their use. TGE may specify detailed rules of this technical inspection. 8 MAINTENANCE BREAK 1. TGE shall provide the RRM Participants with constant and uninterrupted access to the RRM System for 24 hours/7 days a week. 2. TGE shall have the right to Maintenance Break. TGE shall inform the RRM Participants, as far as possible, in advance, about the Maintenance Break in a message sent to the RRM Participants on the Market Participant's addresses indicated in the application. 3. The RRM Participants shall be obliged to take into account the Maintenance Break in their activities in RRM. 4. Subject to Section 11 Paragraph 5 of the RRM Terms and Conditions, during Maintenance Break for the RRM Participants, TGE shall provide Trade Data Reporting Service or Trade Data Backloading Service. CHAPTER IV LAW 9 GOVERNING LAW 1. The governing law for the agreements for Trade Data Reporting Service, Trade Data Backloading Service, Access to Trade Data, and evaluation of legal relations between TGE and the RRM Participant shall be the Polish law. 2. The place of conclusion of the agreements for Trade Data Reporting Service, Trade Data Backloading Service, and Access to Trade Data shall be the capital city of Warsaw. 3. The common court in Warsaw in the Republic of Poland shall have the exclusive jurisdiction over all disputes arising from the agreements for Trade Data Reporting Service, Trade Data Backloading Service, and Access to Trade Data, as well as the RRM Terms and Conditions. 10 LANGUAGE 1. The RRM Terms and Conditions shall be written in Polish and translated into English. In the case of a conflict between the Polish and English version, the Polish version shall decide.

11 2. The documents submitted by the RRM Participant drafted originally in Polish or English may be submitted in their original language version. 3. If the documents are prepared in other foreign language (other than Polish or English), they should be submitted in translation into Polish or English by a sworn translator. 11 LIABILITY FOR REPORTING 1. TGE shall ensure the performance of obligations to report Trade Data specified in Article 8 of the REMIT Regulation and Articles 6 and 7 of the REMIT Implementing Regulation on behalf of and for the benefit of RRM Participant. 2. TGE shall provide timeliness, integrity, completeness, and confidentiality of Trade Data transferred from the TGE exchange system to the RRM System and the ARIS System. 3. TGE shall not be liable for any damage caused in relation to the loss of the ACER Code or the access code to the RRM System by the RRM Participant. 4. TGE shall not be liable for incorrect reporting of the Trade Data on behalf of the RRM Participant. if the irregularity results from the RRM Participant's transfer of incorrect or unreliable data concerning them to TGE. 5. TGE shall not be liable for any damage caused to the RRM Participant or a third party in relation to inability to transfer the Trade Data for reporting in accordance with Article 8 of the REMIT Regulation and Articles 6 and 7 of the REMIT Implementing Regulation, due to the IT system failure or any other causes beyond the control of TGE, unless the damage was caused by wilful misconduct or gross negligence of TGE. 12 LIABILITY FOR ACCESS 1. TGE, providing Access to Trade Data, shall not ensure the performance of the obligations to report Trade Data specified in Article 8 of the REMIT Regulation and Articles 6 and 7 of the REMIT Implementing Regulation by the RRM Participant. 2. TGE shall provide timeliness, integrity, completeness, and confidentiality of Trade Data transferred from the TGE exchange system to the RRM System and available to download. 3. TGE shall not be liable for Trade Data after their download from the RRM TGE System. 4. TGE shall not be liable for any damage caused to the RRM Participant or a third party in relation to the lack of Access to Trade Data due to the IT system failure or any other causes beyond the control of TGE, unless the damage was caused by wilful misconduct or gross negligence of TGE. 5. TGE shall not be liable for any damage caused in relation to the loss of the access code to the RRM System by the RRM Participant.

12 CHAPTER V PERSONAL DATA PROTECTION 13 RRM Terms and Conditions of the Polish Power Exchange 1. TGE shall be the administrator of personal data obtained and processed in relation to keeping the RRM. Personal data shall be processed solely for the purpose of keeping the RRM and access to information to authorized entities. 2. TGE shall not use personal information or data processed on the basis of this information for commercial purposes. 3. The RRM Participants and their representatives shall have the right to access their personal data and to correct them. CHAPTER VI DISCIPLINARY MEASURES 14 CATALOGUE OF DISCIPLINARY MEASURES The disciplinary measures shall include: 1) warning, 2) exclusion from the participation in RRM. 15 WARNING If the RRM Participant breaches the RRM Terms and Conditions and rules of the participation in RRM, TGE shall inform the RRM Participant about the fact of the breach and warn the RRM Participant, at the same time setting a term for removal of the condition resulting from the breach. 16 EXCLUSION FROM THE PARTICIPATION IN RRM If the RRM Participant poses a threat to the proper functioning of RRM, TGE may exclude the RRM Participant from the participation in RRM, and at the same time terminate the agreement for Trade Data Reporting Service or Access to Trade Data with immediate effect. Section 6 item 4 shall apply accordingly. 17 APPEAL AGAINST THE IMPOSED DISCIPLINARY MEASURES 1. The RRM Participant, on whom the disciplinary measures referred to in Section 14 of the RRM Terms and Conditions were imposed, may appeal to the Supervisory Board of TGE within 14 days after the receipt of the TGE's decision. 2. The appeal shall be submitted via TGE.

13 3. The Resolutions of the Supervisory Board of TGE on the appeal shall be adopted no later than within 3 months after the date of filing the appeal. The Resolutions of the Supervisory Board of TGE shall be final. 4. The change in circumstances, after issuing the decision by TGE the Supervisory Board of TGE on the disciplinary measures, may not form grounds for repealing this decision or the resolution. In this case, the RRM Participant may turn to TGE for a re-examination of the case and re-obtaining the status of the RRM participant. CHAPTER VII FEES 18 AMOUNT OF FEES 1. TGE shall collect fees from the RRM Participants. 2. Types, amounts, and rules of charging and collecting fees shall be included in Appendix to the RRM Terms and Conditions, referred to as the Table of Fees. 3. The fees rates contained in the Table of Fees shall not include the VAT. 4. The change in the amount of the fees indicated in the Table of Fees after the establishment of public law charges for the activities for which such fees are collected, shall not change the status of those fees as the fees to which amounts of the possible public law charges must be added. 19 PAYMENT OF FEES 1. The RRM Participant shall be obliged to pay the fees within 14 days after the receipt of an invoice. Payment date shall be understood as the date on which the funds are credited on the TGE account indicated in the invoice. 2. The fees are charged in a monthly settlement period covering the period from the first to the last day of a given calendar month. 3. In the case of failure to pay the due fee, TGE may prevent the RRM Participant failing to perform this obligation to use the RRM System until the settlement of arrears. CHAPTER VIII FINAL PROVISIONS 20 ACER PROCEDURES In matters not regulated by the RRM Terms and Conditions, the provisions contained in the ACER documents in the scope of operation of RRM and reporting Trade Data to the ARIS System shall apply.

14 21 CURRENT RRM MANAGEMENT RRM Terms and Conditions of the Polish Power Exchange 1. The Management Board of TGE may adopt resolutions in matters of the current RRM management. 2. The resolutions referred to in Paragraph 1 above, as well as other messages concerning the operation of RRM are made available immediately to the RRM Participants via the RRM system or the website 3. The resolutions referred to in Paragraph 1 above, shall enter into force after one week of their publication, unless, due to the needs of RRM functioning, other date of their entry into force is reasonable. 22 AMENDMENTS TO THE RRM TERMS AND CONDITIONS 1. TGE shall have the right to amend the RRM Terms and Conditions at any time. 2. The amendments to the RRM Terms and Conditions shall enter into force after one week of the date of their publication on the website unless, due to the needs of the RRM functioning, other date of their entry into force is reasonable. 23 APPENDICES TO THE RRM TERMS AND CONDITIONSS: Appendix 1 - Table of Fees Appendix 2 - RRM Application Form