On 8 May 2025, the EU Agency for the Cooperation of Energy Regulators (ACER) published, for the first time, two reports on energy market surveillance concerning:

  • Persons professionally arranging transactions (PPATs): The report establishes the baseline for ACER’s reporting obligation under Article 15(5)(a) of Regulation (EU) No 1227/2011 (commonly known as REMIT).

    It focuses on PPATs, which already had obligations under Article 15 before the revisions to REMIT came into force on 7 May 2024. It takes stock of the existing systems, procedures and arrangements in place while the assessment of their effectiveness is left to the next report to be published in May 2026.

    The final section of the report lists recommendations to further promote PPATs compliance with Article 15 REMIT. ACER encourages all PPATs to verify their surveillance capabilities by paying particular attention to the following situations and to take action to address them: no surveillance function in place; employees are not declaring potential conflicts of interest; the “detect – analyse – notify – deter” procedures are not defined and formalised; no surveillance system in place; and PPAT management can influence or block notifications to be shared with ACER and the responsible national regulatory authority (NRA).

  • NRAs: Focussing on their analysis of suspicious transaction and order reports (STORs) submitted by PPATs, their enforcement actions and penalties.

    The report provides an analysis of the processing activities conducted by NRAs on the received STORs. The report also outlines the results of a survey conducted among NRAs, detailing the challenges faced when analysing STORs, the measures implemented to address poor-quality reporting, and the methodologies employed to detect and assess potential market abuse cases.

    The final section of the report sets out certain recommendations to improve the quality of STORs reporting and strengthen the NRAs’ capabilities in assessing and prioritising STORs. These recommendations are covered under the following headings: cooperation with PPATs; reduction of cases under review; adequate resources; and communication with ACER.