Until now, REMIT has been a set of rules covering two commodities: electricity and gas.
A battery, a balancing market participant or a hydrogen producer could operate outside the regulator’s day-to-day view. Balancing transactions were reported only when ACER specifically requested them. For many players, this meant their activity effectively stayed out of the overall market picture.
Regulation (EU) 2024/1106 (REMIT II) has applied since 7 May 2024, but it has only now begun to work in full: on 9 April 2026, the European Commission published the Implementing Regulation, which entered into force on 29 April 2026.
The official rhetoric speaks of simplification. Analysis shows the opposite: a wider scope, new reporting, shorter deadlines and more obligations for a very broad range of market participants.
Batteries. BESS are subject to a “legal fiction”: there is no separate category for electricity storage. Charging and discharging are reported in the same way as ordinary supply. At first glance this is convenient, but there is a downside. The standard supply contract format loses what sets a battery apart from a power plant: fast charge and discharge cycles, and flexibility as the basis of its business model. ACER will see a battery as if it were generation and assess its behaviour by the same yardstick.
Balancing. Balancing services are moving from reporting “on request” to mandatory monthly reporting. If a single contract (for example, a Flexible Purchase Agreement) covers both market trading and the provision of balancing services, it must be reported under both regimes. Both counterparties are responsible for the completeness, accuracy and timeliness of the data.
For battery operators, this has a double effect: their contracts are now visible both as supply and as balancing.
Hydrogen. Hydrogen now falls expressly within the definition of wholesale energy products: supply, transportation and storage contracts. The EU wants the emerging hydrogen market to follow transparency standards close to those of financial markets from the outset. The approach is cautious, though: annual reporting applies only from 1 July 2028. Exemptions cover small producers (up to 50 MW), geographically isolated producers within the meaning of Directive (EU) 2024/1788, and consumers using up to 600 GWh a year.
Still, the biggest change REMIT II brings lies elsewhere: how quickly ACER learns about your transactions, and what exactly it can now see in advance.
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