In view of the increased number of applications for registration in Slovakia´s CEREMP national register by market participants from non-EU and non-EEA countries (in particular Ukraine) under the REMIT Regulation, URSO provides the following guidance for these entities:

As the European REMIT Regulation does not specify in detail the conditions for registration in CEREMP, the provisions of national legislation apply. Under Slovakia´s legislation (§ 6 (9) and § 7 (2) of Act 251/2012 Coll. on Energy as amended), for the supply (supply means purchase/sale) of electricity or gas on the territory of the Slovak Republic by legal entities established in a state which is not a party to the Agreement on the European Economic Area (e.g. Ukraine), it is necessary to obtain a license to conduct business in the energy sector issued by URSO. 

Legal persons from non-EU/EEA countries planning to trade on the Slovak (including wholesale) electricity or gas market and wishing to register in CEREMP pursuant to the REMIT Regulation and obtain an ACER code may register in Slovak CEREMP and, upon approval of a proper registration, will be issued an ACER code. Obtaining an ACER code is a condition for reporting transactions on the EU wholesale energy market to the European Union Agency for the Cooperation of Energy Regulators (ACER), however, in order to trade legally on the Slovak electricity or gas market, entities from outside the EU/EEA (i.e. including Ukraine) must apply to URSO for an electricity/gas supply licence. We would like to point out that the condition for granting the licence is, pursuant to Section 7(2) of Act 251/2012 Coll. on Energy, inter alia, the establishment of a registered office, undertaking or branch of such legal entity in the territory of the Slovak Republic. The whole process of obtaining the license may thus take a few months.

Further requirements for obtaining an electricity supply licence are listed here:
https://www.urso.gov.sk/requirements-for-obtaining-a-license-for-the-supply-of-electricity-for-foreign-applicants-established-outside-the-territory-of-slovakia

and the requirements for obtaining a gas supply licence (together with the indication of business activities for which a licence is not required, e.g. trading in VTP) here:

https://www.urso.gov.sk/requirements-for-obtaining-a-license-for-the-supply-of-gas-for-foreign-applicants-established-outside-the-territory-of-slovakia/

Please note that a natural person from a non-EU/EEA country who wishes to register in CEREMP as a user and who will, after the approval of the user registration, register a market participant (company), must attach to the registration request a scan of an officially translated (into English or Slovak) and notarised current extract from the Business Register, which, among others, confirms that the company has purchase/sale of electricity and/or gas entered in its list of business activities. A document confirming that the natural person in question is authorised to represent the company in matters of registration/updates in CEREMP must be also attached (as a single document scan).

Please also note that for the proper completion of the market participant registration profile in CEREMP, it is necessary that the market participant has, among other things, filled in data in Section 5 of the registration request (Delegated Parties), where he/she selects the code of the entity through which the market participant will report transactions in the EU wholesale energy market to ACER (the so-called Registered Reporting Mechanism, RRM). The RRM code must be entered either during registration (if the market participant already knows with which RRM it will have a contract for that purpose) or without delay after the registration has been approved, ACER code has been assigned and contract with the RRM in question has been concluded.

A list of RRMs authorised by ACER for this purpose can be found here.

According to Article 9(5) of the REMIT Regulation, “Market participants [...] shall communicate promptly to the national regulatory authority any change which has taken place as regards the information provided in the registration form.”

According to Chapter 7.8 of ACER Guidance (6th edition), if a change of the mandatory registration information (all required company details including corporate structures links, RRMs, etc.)  is not communicated promptly, the registration is to be considered incomplete. Such a failure may constitute a breach of Article 9 of REMIT for which URSO may, in line with applicable EU and national legislation, impose a fine on the market participant.

More information on the steps to register in CEREMP can be found here.