BMWi Presents Bill on Market Transparency Agency for Gas and Electricity Wholesale Market

The Federal Ministry of Economics and Technology (BMWi) has presented a bill on the establishment of a market transparency agency for gas and electricity wholesale. The new agency is part of the 10-Point Immediate Action Programme of German Energy Concept 2010 which has partly been reversed by the 2011 energy legislative package that provides for withdrawal from nuclear energy by 2022 and shifts priority to renewable energy.

The market transparency agency will be established at the German Cartel Office. The agency shall ensure transparent pricing that is in accordance with competition law . The agency shall cooperate with the Federal Network Agency, the German grid regulator.

The bill also transposes Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency (REMIT) into German law. REMIT aims to ensure the integrity and transparency of the energy wholesale market by prohibiting insider trading and market manipulation and stipulates obligations to publish inside information. It obliges member states to lay down the penalties for offenses in their national laws, which the bill does by including the respective provisions in the German Energy Act (EnWG). As BMWi points out REMIT provides for a pan-European supervision of wholesale gas and electricity that is carried out and coordinated by the Agency for the Cooperation of Energy Regulators (ACER).

Source: Federal Ministry of Economics and Technology

Related posts:

3 Responses to “BMWi Presents Bill on Market Transparency Agency for Gas and Electricity Wholesale Market”


  • “The bill also transposes Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency (REMIT) into German law.”

    As a Regulation, REMIT has a directly binding effect and does not require an implementation Act on national level!

  • You are of course right that REMIT has a directly binding effect and, as a regulation, does not require an implementation Act on national level to become legally binding. Thank you for stressing that. However, REMIT contains several obligations that require Member States to make changes to their regulatory framework to make sure REMIT works. Also, if existing national legislation is not in line with a new European regulation, German laws are frequently changed so that they will be in line with the regulation. Therefore, we have national legislation transposing a European regulation – even though the regulation itself is binding without transposition.

  • Thank you very much for specifying this.
    If the bill integrates the EU dimension established by REMIT and guarantees that double reporting of wholesale energy data is not being reintroduced through a backdoor, it can have an added value for the German market. We’ll see how the draft to be discussed in cabinet beginning of May will finally look like.

Comments are currently closed.