Could you please clarify when considering REMIT obligations if we should refer to the AC or DC capacity, i.e., do we have to consider the total capacity the site could produce or the actual capacity generating onto the grid network?
Answer: Neither REMIT nor the Commission Implementing Regulation (EU) No 1348/2014 make any distinction about the specific type of production capacity to be considered in terms of compliance with REMIT obligations. For contractual purposes, it is the installed capacity, i.e. the capability of an installation to produce electricity at any given moment, that is taken into account. Hence, when considering REMIT obligations, it is the total installed capacity of a production unit (or the total combined installed capacity of production units) that should be considered, as indicated in Q&A III.3.43.
When considering RES production units, where the installed capacity typically refers to the production capacity in DC, which is to be then converted in AC via an inverter in order to allow the injection to the grid, the reference value for REMIT obligations should also be the installed capacity in DC. Pursuant to Article 4(1) of the Implementing Regulation, contracts for the physical delivery of electricity produced by a single production unit with a capacity equal to or less than 10 MW or by production units with a combined capacity equal to or less than 10 MW shall be provided by market participants to ACER, in application of Article 8 of REMIT, only upon ACER’s reasoned request and on an ad hoc basis, unless concluded on organised market places.