The Commission Implementing Regulation (EU) 2026/256 sets rules for the provision of data to the European Union Agency for the Cooperation of Energy Regulators (ACER) regarding wholesale energy market transactions. The regulation updates and replaces the previous regulation (EU) No 1348/2014 to strengthen market integrity and transparency, especially in light of evolving energy markets and the ongoing energy crisis.
Key Points:
- Expanded Reporting Scope: The regulation incorporates additional energy products and transactions, including hydrogen, LNG, and energy storage, to enhance ACER’s oversight. It ensures comprehensive data reporting across electricity, natural gas, and hydrogen markets, including production, storage, transportation, and consumption.
- Data Reporting Obligations:
- Continuous Reporting: Transactions related to electricity and natural gas supply, storage, transportation, and derivatives must be reported to ACER continuously, within two working days for most transactions.
- Periodic Reporting: Some transactions, such as those related to capacity mechanisms, balancing services, and certain gas storage transactions, are to be reported periodically (e.g., monthly or annually).
- Exemptions: Transactions related to small production facilities (e.g., less than 10 MW) or certain hydrogen markets may be exempt from reporting unless specified by ACER.
- Exposure Reporting: Market participants must report their positions in wholesale energy products, including forecasts of production and consumption volumes, to ACER on a quarterly basis. These reports help monitor market integrity and detect potential market abuse.
- Capacity Allocation and Auction Reporting: The regulation includes detailed requirements for reporting auction results, including primary and secondary capacity allocations and any related resale and transfer of rights.
- Trade-Matching Systems: For transactions executed through trade-matching systems connecting multiple Organised Marketplaces (OMPs), relevant data must be reported by the OMPs or trade-matching systems upon request.
- LNG and Gas Storage Reporting: LNG and gas storage system operators must report technical and contracted capacity, as well as the quantities stored, withdrawn, and injected into storage facilities.
- Timing and Regularity of Reports: Clear deadlines are established for the submission of transaction details, with more frequent reporting for certain types of transactions (e.g., daily, monthly, or quarterly).
- Guidelines for Hydrogen: Special provisions are made for the emerging hydrogen market, with delayed application dates and exemptions for smaller units and confined geographic areas.
- Implementation and Compliance: The regulation provides a timeline for full compliance, with certain reporting obligations applying from 2027 and others from 2028. ACER will issue detailed guidance and formats for reporting.
Conclusion:
This regulation enhances ACER’s ability to monitor energy markets by expanding reporting obligations across various sectors, including electricity, natural gas, hydrogen, and LNG. Market participants are required to submit detailed data on transactions, capacities, and exposures, ensuring transparency and helping to prevent market manipulation and abuses.
Timeline:
- The regulation enters into force on 20th April 2026.
- 29 October 2026 – Agency shall provide guidance and electronic formats on Articels:
- 6 – Exposure reporting
- 3 – Supply or storage of electricity or the supply of natural gas
- 4(2) – Transactions relating to the supply or storage of electricity or the supply of natural gas,
- 8(5) – Trading occurs information not already available to the OMP,
- 7(2) – Transactions referring to standard and non-standard contracts for the transportation of electricity and natural gas,
- 10(6) – LNG transaction market data, bids, offers
- 1 January 2027 – Apply reporting for Article:
-
- 29 April 2027 – Agency shall provide guidance and electronic formats on Articles
- 4(1),
- 4(3) – capacity mechanism & supply of electricity,
- 4(4) – balancing services in relation to electricity markets,
- 4(5) – storage of natural gas + primary capacity allocation,
- 4(6) – storage of natural gas +secondary capacity allocation,
- 4(7) – options, futures, forwards, swaps and any other derivatives relating to the storage of natural gas
- 9 – Transactions executed via trade-matching systems
- 11(4) – Electricity Transmission System Operators: imbalance settlement data, indicating imbalances, final positions, allocated volumes, imbalance adjustment
- 12(5) – LNG System Operators: unloading and reloading of cargos, planned unloading or reloading at the LNG facilities
- 12(9) – Storage System Operators: amount of natural gas that the market participant has stored at the end of the natural gas day
- 29 October 2027 – Apply reporting for Articels:
- 7(2) Standard and non-standard contracts for the transportation of electricity and natural gas,
- 10(6) – LNG transaction ,
- 3 – Supply, storage of electricity or the supply of natural gas, transportation of electricity or natural gas,
- 4(2) – Transactions relating to the supply or storage of electricity or the supply of natural gas to a single consumption unit,
- 8(5) – Trading occurs information not already available to the OMP
- 4(8) – supply of hydrogen
- 29 April 2028 – Apply reporting for Articels:
- 4(1),
- 4(3) – capacity mechanism & supply of electricity,
- 4(4) – balancing services in relation to electricity markets,
- 4(5) – storage of natural gas + primary capacity allocation,
- 4(6) – storage of natural gas +secondary capacity allocation,
- 4(7) – options, futures, forwards, swaps and any other derivatives relating to the storage of natural gas
- 9 – Transactions executed via trade-matching systems
- 11(4) – Electricity Transmission System Operators: imbalance settlement data, indicating imbalances, final positions, allocated volumes, imbalance adjustment
- 12(5) – LNG System Operators: unloading and reloading of cargos, planned unloading or reloading at the LNG facilities
- 12(9) – Storage System Operators: amount of natural gas that the market participant has stored at the end of the natural gas day
- 13(2) – IIP: information disclosed on their platforms
- 1 July 2028 – Apply reporting for Articel:
- 4(8) – supply of hydrogen
The review of the changes by ACER is set for 1 November 2030 to assess if the current framework still fits market needs.
Link: Commission Implementing Regulation (EU) 2026/256
