Delegated Regulation

In EU legislative architecture, a Delegated Regulation is secondary legislation adopted by the European Commission under a power expressly conferred by a primary legislative act (a Regulation or Directive). It supplements or amends non-essential elements of the parent act without returning to Parliament and Council. In the energy market Integrity context, the Delegated Regulation at issue is the act adopted under the REMIT recast (Regulation on Wholesale Energy Market Integrity and Transparency), specifying the technical standards for transaction reporting and market surveillance by ACER. This instrument becomes binding on market participants alongside the recast REMIT framework on 29 April 2026.

The Delegated Regulation procedure was established by the Treaty of Lisbon (2009) and allows the Commission to act faster than the ordinary legislative procedure while remaining subject to Parliamentary and Council objection rights within a defined period. For energy market regulation, Delegated Regulations typically specify reporting formats, data fields, timing thresholds, and the obligations on Registered Reporting Mechanisms (RRMs) and Inside Information Platforms (IIPs). The REMIT recast Delegated Regulation introduces the requirement that RRMs and IIPs must be established within the EU.

The compliance paradox created by the April 2026 REMIT sequence is that the recast Delegated Regulation binds on 29 April, the same day as the Madrid Gas Regulatory Forum convenes to discuss it, while ACER's public consultation on the implementing guidelines runs until 12 June 2026. Market participants are legally required to comply with rules that are formally still subject to revision through the consultation process, creating legal uncertainty across the reporting ecosystem.