German TSOs Direct Reserve Providers to Publish REMIT Insider Information on Capacity Unavailability

German TSOs, coordinating with BNetzA's Markttransparenzstelle (MTS), issued guidance requiring balancing service providers to publish insider information via a certified Inside Information Platform (IIP) whenever they are factually unable to provide reserve capacity and therefore cannot participate in the Regelleistungsmarkt (balancing capacity market) and/or Regelarbeitsmarkt (balancing energy market), including cases caused by IT system or service provider failures.

This clarifies and tightens REMIT Article 4 disclosure obligations for balancing service providers, expanding the scope of what constitutes reportable insider information in German reserve markets to include operational unavailability (including IT/vendor failures), with non-compliance risking TSO reporting to MTS as a potential REMIT violation, thereby affecting market transparency and compliance burdens for BSPs.

This is a targeted regulatory/operational clarification rather than a formal rulemaking, but it materially expands REMIT Article 4 compliance obligations for reserve capacity providers in Germany by explicitly defining 'factual inability to provide reserve capacity' as insider information requiring publication, while excluding voluntary non-participation. The TSOs' role as PPAET (Persons Professionally Arranging or Executing Transactions) creates a direct enforcement channel: failure to publish could trigger a TSO report to BNetzA's MTS. This raises compliance costs and legal risk for balancing service providers, particularly around ambiguous cases such as IT or service-provider outages, and may increase transparency in balancing markets by surfacing capacity shortfalls earlier to the market. No formal consultation, review period, or go-live date is specified; the guidance appears to take effect immediately upon publication as an operational expectation rather than a phased regulatory process.

REMIT Article 4 (Regulation on Wholesale Energy Market Integrity and Transparency); German TSO guidance issued in coordination with BNetzA's Markttransparenzstelle

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