Agency for cooperation between EU energy regulators

SUMMARY OF:

Regulation (EC) No 713/2009 — establishing an Agency for the Cooperation of Energy Regulators

SUMMARY

WHAT DOES THE REGULATION DO?

• It establishes an Agency for the Cooperation of Energy Regulators (ACER)* (the agency), its mission and tasks, organised in annual work programmes.
• The agency complements and coordinates, at EU level, the work of national energy regulators.
• It plays a central role in developing EU-wide network and market rules for electricity and gas within the EU’s overall energy policy objectives.

KEY POINTS

The agency:

• issues non-binding opinions and recommendations to transmission system operators*, regulatory authorities, the European Parliament, the Council and the European Commission;
• takes binding individual decisions in specific cases and under certain conditions on cross-border infrastructure matters;
• submits draft guidelines for use by the Commission as the basis for drawing up network codes (rules);
• provides a framework within which national regulatory authorities can cooperate;
• coordinates regional and cross-border infrastructure initiatives in areas such as allocating capacity and levying charges on users;
• monitors the work of European networks of transmission system operators*;
• monitors the EU’s electricity and natural gas markets, in particular retail prices and access to the network, including electricity from renewable energy sources;
• is managed by a director whose initial appointment is for 5 years — the director prepares the annual work programme for the following year and may establish working groups to provide advice on the agency’s regulatory activities;
• may create expert groups to provide ad hoc advice on the development of regulatory policy;
• has an Administrative Board, a Board of Regulators and a Board of Appeal;
• has a budget funded by an EU subsidy, fees, voluntary national contributions and legacies, donations or grants;
• may welcome non-EU countries’ participation, under certain conditions, in its work.

In 2011, the agency received additional tasks under Regulation (EU) No 1227/2011 (known as REMIT — regulation on energy market integrity and transparency). This aims to increase the transparency and stability of EU energy markets and to tackle insider trading and market manipulation.

In 2013, Regulation (EU) No 347/2013 on guidelines for trans-European energy infrastructure gave the agency a further role in designating and monitoring projects of common interest.

The agency may set up expert groups on an ad hoc basis to provide it with policy development support. There are currently 3 expert groups which focus on:

• implementing the REMIT regulation;
• wholesale energy market surveillance;
• information technology (IT) for the implementation of REMIT.

BACKGROUND

ACER, an EU agency, was created by the third energy package to further progress towards completion of the internal energy market both for electricity and for natural gas.

The agency was officially launched in March 2011 and has its seat in Ljubljana, Slovenia.

• Agency for the Cooperation of Energy Regulators

KEY TERMS

* Energy regulators: bodies appointed by EU countries to ensure the proper operation of their energy markets, i.e. that energy suppliers meet their obligations and that consumers are supplied with a reliable service at a fair price.

* Transmission system operator (TSO): an entity that transports energy, such as natural gas or electricity, either nationally or regionally, using fixed infrastructure.

ACT

Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, pp. 1-14)

The successive amendments to Regulation (EC) No 713/2009 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED ACTS

Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, pp. 1-16)

Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, pp. 39-75). See consolidated version.

last update 28.10.2015