General Terms and Conditions for the use of REMIT transaction reporting services of PRISMA European Capacity Platform GmbH - 01 Jan 2024

Article 1. Scope of Application

1. The PRISMA REMIT transaction reporting services are available for Market Participants  (hereinafter referred to as the “Customer”) registered with PRISMA based on a valid platform usage contract according to the general terms and conditions for the use of the PRISMA capacity platform, as published at www.prisma-capacity.eu. 
   
   

2. The provisions of the platform usage contract shall apply mutatis mutandis for the use of the PRISMA REMIT transaction reporting services, if not ruled otherwise within these terms and conditions.

Article 2. Reporting Services

1. PRISMA operates an organized market place as defined in Article 2 (4) of the Implementing Act which the Customer uses to carry out wholesale energy market transactions.
   
   

2. With agreeing to these terms and conditions the Customer mandates PRISMA to report, according to the reporting model chosen, the following trade data concluded or placed by the Customer:  

   1. Relevant Standard Contracts
   2. Relevant Orders
   3. Relevant Lifecycle Data 

3. According to the reporting model chosen by the Customer the recipients of the trade reports are:

            i. only ACER 

            ii. only the Customer 

            iii. ACER and the Customer, or 

            iv. only the Customer, where the report is prefilled with the EIC code of the designated RRM 

       4. The reporting models and their respective scopes are defined in the REMIT reporting service description on PRISMA’s webpage under the following link: https://prisma-capacity.freshdesk.com/a/solutions/categories/36000131555/folders/36000210852?view=all

Article 3. Fees

1. For using PRISMA’s data reporting services and regardless of the chosen reporting model, the Customer shall pay a yearly fee of 3.000, - €.
   
   
2. The abovementioned fee is a net sum in Euro and is subject to the applicable taxes which will also be invoiced and charged separately.
   
   
3. Transaction reporting services which are concluded throughout the calendar year will be charged on a monthly pro-rata basis for the rest of the calendar year including the month when the service started.  
   
   
4. The due fee will be invoiced once a year at the beginning of the calendar year or respectively after initial subscription of the service for the rest of the calendar year.

Article 3a. Additional Fees

In case any regulatory or administrative charges which emerge from the reported data of a Customer are imposed by an entitled authority (such as ACER or NRA) on PRISMA as registered reporting mechanism (RRM) or organized market place (OMP), PRISMA shall be entitled to pass on and invoice those charges to the individual Customer. 

Article 4. Terms of payment

1. The abovementioned fees shall be paid via SEPA business to business direct debit scheme on an inter-bank level. For this purpose, the Customer must provide a SEPA mandate form during the order process. By this mandate form, the Customer authorizes (i) PRISMA to send instructions to the Customer’s bank to debit the Customer’s account and (ii) Customer’s bank to debit Customer’s account accordingly.
    
   
2. The Customer will receive a pre-notification of fourteen (14) days before the debit from the Customer’s account. The Customer must ensure sufficient funds in its account.
   
   
3. Costs incurred due to non-payment or rebooking of a direct debit shall be borne by the Customer if the non-payment or rebooking was caused by the Customer. 
   
   
4. PRISMA shall be entitled to charge interest of eight (8) percentage points above the basic interest rate published by Deutsche Bundesbank on the first bank business day of the month during any delay caused by the Customer to pay an open debit. The Customer shall become in arrears one (1) day after the respective fee is due. Section 286 of the German Civil Code (BGB) shall remain unaffected.
   
   
5. The SEPA mandate can be revoked by the Customer by means of statement to this effect in Text Form to PRISMA, with the result that subsequent payment transactions are no longer authorized. 

Article 5. PRISMA’s Obligations

1. PRISMA will use the professional care of a reasonable and prudent operator to perform the transaction reporting services according to the applicable business standards. 
   
   
2. If PRISMA is not able to report, PRISMA shall provide the Customer with all relevant trade data in the applicable electronic format, as soon as reasonably practicable to enable the Customer to report such relevant trade data to ACER within the Standard Contract Reporting Deadline.
   
   
3. If PRISMA is not able, or reasonably expects that it will not be able to report the relevant trade data within the Standard Contract Reporting Deadline to ACER, or to provide the Customer with the relevant trade data in due time for it to be reported to ACER by the Standard Contract Reporting Deadline, PRISMA shall notify the Customer, giving details explaining the reason(s) for such notification, as soon as reasonably practicable and the Customer shall be entitled to either report such relevant trade data to a registered reporting mechanism or to appoint a third party to make such report on the Customer’s behalf.

Article 6. Errors

1. Regarding Error Reports, PRISMA shall:

i. store all Error Reports received from ACER (in so far as these are generated by ARIS or otherwise issued by ACER at any time) in respect of the Customer

ii. provide the Customer with the information about the receipt of any reoccurring Error Reports as soon as reasonably practicable, and

iii. upon request make all Error Reports and any other relevant communications from ACER available to the Customer as soon as reasonably practicable

2. If any party becomes aware of an error in any relevant trade data reported to ACER (whether as a result of receiving an Error Report or otherwise) in accordance with this agreement, it will notify the other parties and all parties will use reasonable efforts, acting in good faith and a reasonable manner, to rectify such error and resubmit the relevant correct data.

3. The Customer acknowledges and agrees that PRISMA is not obliged to discover errors or check the accuracy, authenticity or completeness, of any relevant trade data which cannot be attributed to PRISMA or any third party to whom PRISMA has delegated all or any part of its obligations hereunder.

4. In the event of a breach of any of the reporting obligations, the parties shall cooperate to rectify such breach and communicate with ACER and any relevant NRAs as may be required in relation to such breach.

Article 7. Customer’s Obligations

1. If the Customer becomes aware of any changes in national law or technical changes reasonably to be expected to have an impact on the rendering of services according to these terms and conditions, the Customer shall notify PRISMA in a timely manner in order to enable PRISMA to perform its obligations throughout the duration of services.
   
   
2. According to Art 8 (1) of the REMIT Regulation and Art. 11 (2) of the REMIT Implementing Act the Customer shall provide PRISMA with any necessary data in due time for it to be reported to ACER by the Standard Contract Reporting Deadline.
   
   
3. The Customer agrees and acknowledges that if it fails to comply with the abovementioned articles and PRISMA is unable to report all the relevant trade data as a result, PRISMA shall submit only the relevant trade data in its possession to the recipient(s) (except ACER) by the Standard Contract Reporting Deadline.
   
   
4. The Customer must submit the correct EIC code as published in CEREMP and inform PRISMA immediately about any changes.
   
   
5. The Customer acknowledges that PRISMA shall trust and rely on data provided by the Customer in fulfilling these terms and conditions without any further investigation.

1. The Customer may terminate the agreement by notice in Text Form at any time. Termination during the year does not relieve the Customer of their obligation to make the advance payment, which is invoiced once a year at the beginning of the calendar year. In case the Customer terminates the agreement during the calendar year the advance payment will not be reimbursed.
   
   
2. PRISMA may terminate the agreement by notice in Text Form with notice period of 3 months. In case PRISMA terminates the agreement during the calendar year the advance payment will be reimbursed pro rata.
    
3. Both Parties are entitled to terminate this agreement, also by notice in Text Form at any time, in case of extraordinary reasons. 

1. The liability is limited as stated in the general terms and conditions for use of the PRISMA capacity platform, published on www.prisma-capacity.eu and as amended from time to time.
   
   
2. Contract-typical, foreseeable damages are deemed not to exceed 25.000, - € for an event of damage. 

Article 11. Notices