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Document 02019R0942-20250205
Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast) (Text with EEA relevance)
Consolidated text: Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast) (Text with EEA relevance)
Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast) (Text with EEA relevance)
02019R0942 — EN — 05.02.2025 — 005.001
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REGULATION (EU) 2019/942 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast) (OJ L 158 14.6.2019, p. 22) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EU) 2022/869 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2022 |
L 152 |
45 |
3.6.2022 |
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REGULATION (EU) 2024/1106 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 April 2024 |
L 1106 |
1 |
17.4.2024 |
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REGULATION (EU) 2024/1747 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 |
L 1747 |
1 |
26.6.2024 |
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REGULATION (EU) 2024/1787 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 |
L 1787 |
1 |
15.7.2024 |
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REGULATION (EU) 2024/1789 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 |
L 1789 |
1 |
15.7.2024 |
REGULATION (EU) 2019/942 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 5 June 2019
establishing a European Union Agency for the Cooperation of Energy Regulators
(recast)
(Text with EEA relevance)
Chapter I
Objectives and tasks
Article 1
Establishment and objectives
Article 2
Type of acts of ACER
ACER shall:
issue opinions and recommendations addressed to transmission system operators, the ENTSO for Electricity, the ENTSO for Gas, the European Network of Network Operators for Hydrogen (ENNOH), the EU DSO entity, regional coordination centres, nominated electricity market operators, and entities established by transmission system operators for natural gas, LNG system operators, natural gas storage system operators or hydrogen storage operators or hydrogen network operators;
issue opinions and recommendations addressed to the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 ( 1 );
issue opinions and recommendations addressed to regulatory authorities;
issue opinions and recommendations addressed to the European Parliament, the Council, or the Commission;
issue individual decisions on the provision of information in accordance with Article 3(2), Article 7(2), point (b), and Article 8, point (c); on approving the methodologies, terms and conditions in accordance with Article 4(4), Article 5(2), (3) and (4); on bidding zones reviews as referred to in Article 5(7); on technical issues as referred to in Article 6(1); on arbitration between regulators in accordance with Article 6(10); related to regional coordination centres as referred to in Article 7(2), point (a); on approving and amending methodologies and calculations and technical specifications as referred to in Article 9(1); on approving and amending methodologies as referred to in Article 9(3); on exemptions as referred to in Article 10; on infrastructure as referred to in Article 11, point (d); on matters related to wholesale market integrity and transparency pursuant to Article 12; and on approving and amending the joint proposal from the ENTSO for Electricity and the EU DSO entity regarding the type of data and format and the methodology related to the analysis to be provided as regards the flexibility needs pursuant to Article 5(9);
Article 3
General tasks
For the purpose of information requests as referred to in the first subparagraph, ACER shall have the power to issue decisions. In its decisions, ACER shall specify the purpose of its request, shall make a reference to the legal basis under which the information is requested, and shall state a time limit within which the information is to be provided. That time limit shall be proportionate to the request.
ACER shall use confidential information received pursuant to this Regulation only for the purpose of carrying out the tasks assigned to it in this Regulation. ACER shall ensure the appropriate data protection of the information pursuant to Article 41.
This paragraph shall also apply to the single allocation platform established in accordance with Regulation (EU) 2016/1719.
Article 4
Tasks of ACER as regards the cooperation of transmission system operators and distribution system operators
ACER may provide an opinion:
to the ENTSO for Electricity in accordance with Article 30(1), point (a), of Regulation (EU) 2019/943, to the ENTSO for Gas in accordance with Article 26(2) of Regulation (EU) 2024/1789 and to the ENNOH in accordance with Article 59(1) of that Regulation on the network codes;
to the ENTSO for Electricity in accordance with Article 32(2) of Regulation (EU) 2019/943, to the ENTSO for Gas in accordance with the Article 26(2) of Regulation (EU) 2024/1789 and to the ENNOH in accordance with Article 60(2) of Regulation (EU) 2024/1789 on the draft Union-wide network development plan and on other relevant documents referred to in Article 30(1) of Regulation (EU) 2019/943 and Article 26(3) and Article 59(1) of Regulation (EU) 2024/1789, taking into account the objectives of non-discrimination, effective competition and the proper and secure functioning of the internal markets for electricity, hydrogen and natural gas;
to the EU DSO entity on the draft annual work programme and other relevant documents referred to in Article 55(2) of Regulation (EU) 2019/943 and Article 41(3) of Regulation (EU) 2024/1789, taking into account the objectives of non-discrimination, effective competition and the proper and secure functioning of the internal market for electricity, hydrogen and natural gas.
At the request of one or more regulatory authorities or at its own initiative, ACER shall issue a reasoned opinion as well as a recommendation to the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or the regional coordination centres with regard to compliance with their obligations.
Article 5
Tasks of ACER as regards the development and implementation of network codes and guidelines
ACER shall participate in the development of network codes in accordance with Article 59 of Regulation (EU) 2019/943 and Articles 71 and 72 of Regulation (EU) 2024/1789 and of guidelines in accordance with Article 61(6) of Regulation (EU) 2019/943 and Article 74(5) of Regulation (EU) 2024/1789. It shall in particular:
submit non-binding framework guidelines to the Commission where it is requested to do so under Article 59(4) of Regulation (EU) 2019/943 or Article 71(4) or Article 72(4) of Regulation (EU) 2024/1789. ACER shall review the framework guidelines and re-submit them to the Commission where requested to do so under Article 59(7) of Regulation (EU) 2019/943 or Article 71(7) or Article 72(7) of Regulation (EU) 2024/1789;
revise the network code in accordance with Article 59(11) of Regulation (EU) 2019/943 or Article 71(11) or Article 72(11) of Regulation (EU) 2024/1789. In its revision, ACER shall take account of the views provided by the parties involved during the drafting of that revised network code led by the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity, and shall consult the relevant stakeholders on the version to be submitted to the Commission. To that end, ACER may use the drafting committee established under the network codes where appropriate. ACER shall report to the Commission on the outcome of the consultations. Subsequently, ACER shall submit the revised network code to the Commission in accordance with Article 59(11) of Regulation (EU) 2019/943 or Article 71(11) or Article 72(11) of Regulation (EU) 2024/1789. Where the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity have failed to develop a network code, ACER shall prepare and submit a draft network code to the Commission where it is requested to do so under Article 59(12) of Regulation (EU) 2019/943 or Article 71(12) or Article 72(12) of Regulation (EU) 2024/1789;
provide a duly reasoned opinion to the Commission, in accordance with Article 32(1) of Regulation (EU) 2019/943 or Article 27(1) or Article 64(2) of Regulation (EU) 2024/1789, where the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity has failed to implement a network code elaborated under Article 30(1), point (a), of Regulation (EU) 2019/943 or Article 26(1) or Article 59(1), point (a), of Regulation (EU) 2024/1789 or a network code which has been established in accordance with Article 59(3) to (12) of Regulation (EU) 2019/943 or Article 71(3) to (12) or Article 72(3) to (12) of Regulation (EU) 2024/1789 but which has not been adopted by the Commission under Article 59(13) of Regulation (EU) 2019/943 or under Article 71(13) or Article 72(13) of Regulation (EU) 2024/1789;
monitor and analyse the implementation of the network codes adopted by the Commission in accordance with Article 59 of Regulation (EU) 2019/943 and Articles 71 and 72 of Regulation (EU) 2024/1789 and the guidelines adopted in accordance with Article 61 of Regulation (EU) 2019/943 and Article 74 of Regulation (EU) 2024/1789, and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non-discrimination, effective competition and the proper functioning of the market, and report to the Commission.
Where one of the following legal acts provides for the development of proposals for common terms and conditions or methodologies for the implementation of network codes and guidelines which require the approval of all regulatory authorities, those proposals for common terms and conditions or methodologies shall be submitted to ACER for revision and approval:
a legislative act of the Union adopted under the ordinary legislative procedure;
network codes and guidelines adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines; or
network codes and guidelines adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 6 ).
Where one of the following legal acts provides for the development of proposals for terms and conditions or methodologies for the implementation of network codes and guidelines which require the approval of all the regulatory authorities of the region concerned, those regulatory authorities shall agree unanimously on the common terms and conditions or methodologies to be approved by each of those regulatory authorities:
a legislative act of the Union adopted under the ordinary legislative procedure;
network codes and guidelines that were adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines; or
network codes and guidelines adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011.
The proposals referred to in the first subparagraph shall be notified to ACER within one week of their submission to those regulatory authorities. The regulatory authorities may refer the proposals to ACER for approval pursuant to point (b) of the second subparagraph of Article 6(10) and shall do so pursuant to point (a) of the second subparagraph of Article 6(10) where there is no unanimous agreement as referred to in the first subparagraph.
The Director or the Board of Regulators, acting on its own initiative or on a proposal from one or more of its members, may require the regulatory authorities of the region concerned to refer the proposal to ACER for approval. Such a request shall be limited to cases in which the regionally agreed proposal would have a tangible impact on the internal energy market or on security of supply beyond the region.
ACER shall monitor the single allocation platform established in accordance with Regulation (EU) 2016/1719.
Article 6
Tasks of ACER as regards the regulatory authorities
▼M2 —————
ACER may issue recommendations to transmission system operators, distribution system operators, hydrogen network operators and regulatory authorities, with regard to the regulatory asset bases pursuant to Article 5(6), third subparagraph, of Regulation (EU) 2024/1789.
►M5 ACER shall be competent to adopt individual decisions on regulatory issues having effects on cross-border trade or cross-border system security which require a joint decision by at least two regulatory authorities, where such competences have been conferred on the regulatory authorities under one of the following legal acts:
a legislative act of the Union adopted under the ordinary legislative procedure;
network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines;
network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011;
guidelines pursuant to Annex I to Regulation (EU) 2024/1789; or
network codes and guidelines referred to in Articles 71 to 74 of Regulation (EU) 2024/1789. ◄
ACER shall be competent to adopt individual decisions as specified in the first subparagraph in the following situations:
where the competent regulatory authorities have not been able to reach an agreement within six months of referral of the case to the last of those regulatory authorities, or within four months with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788;
on the basis of a joint request from the competent regulatory authorities.
The competent regulatory authorities may jointly request that the period referred to in point (a) of the second subparagraph of this paragraph be extended by a period of up to six months, except with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788.
Where the competences to decide on cross-border issues referred to in the first subparagraph of this paragraph have been conferred on the regulatory authorities in new network codes or guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as delegated acts after 4 July 2019, ACER shall only be competent on a voluntary basis pursuant to point (b) of the second subparagraph of this paragraph, upon a request from at least 60 % of the competent regulatory authorities. Where only two regulatory authorities are involved, either one may refer the case to ACER.
By 31 October 2023, and every three years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the possible need to further enhance ACER's involvement in solving cases of disagreement between regulatory authorities concerning joint decisions on matters for which the competences were conferred on those regulatory authorities by a delegated act after 4 July 2019. Where appropriate, the report shall be accompanied by a legislative proposal to modify such powers or to transfer the necessary powers to ACER.
Where a case has been referred to ACER under paragraph 10, ACER:
shall issue a decision within six months of the date of referral, or within four months thereof with regard to cases pursuant to Article 4(7) of this Regulation or Article (59)(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788; and
may, if necessary, provide an interim decision to ensure that security of supply or operational security is protected.
Article 7
Tasks of ACER as regards regional coordination centres
To carry out the tasks referred to in paragraph 1 in an efficient and expeditious manner, ACER shall in particular:
decide on the configuration of system operation regions pursuant to Article 36(3) and (4) and issue approvals pursuant to Article 37(2) of Regulation (EU) 2019/943;
request information from regional coordination centres where appropriate pursuant to Article 46 of Regulation (EU) 2019/943;
issue opinions and recommendations to the European Parliament, the Council and the Commission;
issue opinions and recommendations to regional coordination centres.
Article 8
Tasks of ACER as regards nominated electricity market operators
In order to ensure that nominated electricity market operators carry out their functions under the Regulation (EU) 2019/943 and Commission Regulation (EU) 2015/1222 ( 7 ), ACER shall:
monitor the nominated electricity market operators' progress in establishing the functions under Regulation (EU) 2015/1222;
issue recommendations to the Commission in accordance with Article 7(5) of Regulation (EU) 2015/1222;
request information from nominated electricity market operators where appropriate.
Article 9
Tasks of ACER as regards generation adequacy and risk preparedness
ACER shall approve and amend where necessary:
the proposals for methodologies and calculations related to the European resource adequacy assessment pursuant to Article 23(3), (4), (6) and (7) of Regulation (EU) 2019/943;
the proposals for technical specifications for cross-border participation in capacity mechanisms pursuant to Article 26(11) of Regulation (EU) 2019/943.
ACER shall approve and amend where necessary the methodologies for:
identifying electricity crisis scenarios at a regional level pursuant to Article 5 of Regulation (EU) 2019/941;
short-term and seasonal adequacy assessments pursuant to Article 8 of Regulation (EU) 2019/941.
Article 10
Tasks of ACER as regards exemptions
ACER shall decide on exemptions, as provided for in Article 63(5) of Regulation (EU) 2019/943 ACER shall also decide on exemptions as provided for in Article 36(4) of Directive 2009/73/EC where the infrastructure concerned is located in the territory of more than one Member State.
Article 11
Tasks of ACER as regards infrastructure
With respect to trans-European energy infrastructure, ACER, in close cooperation with the regulatory authorities and the ENTSO for Electricity and the ENTSO for Gas, shall:
monitor progress as regards the implementation of projects to create new interconnector capacity;
monitor the implementation of the Union-wide network-development plans. If ACER identifies inconsistencies between those plans and their implementation, it shall investigate the reasons for those inconsistencies and make recommendations to the transmission system operators, regulatory authorities or other competent bodies concerned with a view to implementing the investments in accordance with the Union-wide network-development plans;
carry out the obligations laid out in Article 5, Article 11(3), Article 11(6) to (9), Articles 12, 13 and 17 and in Section 2, point (12), of Annex III to Regulation (EU) 2022/869 of the European Parliament and the Council ( 8 );
take decisions on investment requests including cross-border cost allocation pursuant to Article 16(7) of Regulation (EU) 2022/869.
Article 12
Tasks of ACER as regards wholesale market integrity and transparency
In order to effectively monitor wholesale market integrity and transparency, ACER, in close cooperation with the regulatory authorities and other national authorities, shall:
monitor wholesale markets, collect and share data and establish a European register of market participants in accordance with Articles 7 to 12 of Regulation (EU) No 1227/2011;
issue recommendations to the Commission in accordance with Article 7 of Regulation (EU) No 1227/2011;
pursue and coordinate investigations pursuant to Articles 13 to 13c and Article 16 of Regulation (EU) No 1227/2011;
authorise and supervise inside information platforms and registered reporting mechanisms pursuant to Articles 4a and 9a of Regulation (EU) No 1227/2011;
have the power to impose periodic penalty payments in the cases referred to in Article 13g of Regulation (EU) No 1227/2011.
Article 13
Commissioning of new tasks to ACER
ACER may, in circumstances clearly defined by the Commission in network codes adopted pursuant to Article 59 of Regulation (EU) 2019/943 and guidelines adopted pursuant to Article 61 of that Regulation or Article 23 of Regulation (EC) No 715/2009 and on issues related to the purpose for which it has been established, be commissioned with additional tasks which do not involve decision-making powers.
Article 14
Consultations, transparency and procedural safeguards
All documents and minutes of consultation meetings conducted during the development of framework guidelines in accordance with Article 59 of Regulation (EU) 2019/943 or Article 6 of Regulation (EC) No 715/2009, or during the amendment of network codes referred to in paragraph 1 shall be made public.
Article 15
Monitoring and reporting on the electricity and natural gas sectors
ACER, in close cooperation with the Commission, the Member States and the relevant national authorities, including the regulatory authorities, and without prejudice to the competences of competition authorities, shall monitor the hydrogen markets, in particular the impact of market developments on hydrogen customers, access to the hydrogen network, including access to the network of hydrogen produced from renewable energy sources, the progress made with regard to interconnectors and potential barriers to cross-border trade.
ACER shall issue a report on the impact of using peak-shaving products on the Union electricity market during a crisis following the assessment pursuant to Article 7a(7) of Regulation (EU) 2019/943 and a report on the impact of developing peak-shaving products on the Union electricity market under normal market circumstances following the assessment pursuant to Article 7a(8) of that Regulation.
Chapter II
Organisation of ACER
Article 16
Legal status
Article 17
Administrative and Management Structure
ACER shall be composed of:
an Administrative Board, which shall exercise the tasks set out in Article 19;
a Board of Regulators, which shall exercise the tasks set out in Article 22;
a Director, who shall exercise the tasks set out in Article 24; and
a Board of Appeal, which shall exercise the tasks set out in Article 28.
Article 18
Composition of the Administrative Board
The rules of procedure shall set out in greater detail:
the arrangements governing voting, in particular the conditions on the basis of which one member may act on behalf of another and also, where appropriate, the rules governing quorums; and
the arrangements governing the rotation applicable to the renewal of the members of the Administrative Board who are appointed by the Council so as to ensure a balanced participation of Member States over time.
Article 19
Functions of the Administrative Board
The Administrative Board shall:
after consulting the Board of Regulators and obtaining its favourable opinion in accordance with point (c) of Article 22(5), appoint the Director in accordance with Article 23(2) and where relevant extend his or her term of office or remove him or her from office;
formally appoint the members of the Board of Regulators nominated in accordance with Article 21(1);
formally appoint the members of the Board of Appeal in accordance with Article 25(2);
ensure that ACER carries out its mission and performs the tasks assigned to it in accordance with this Regulation;
adopt the programming document referred to in Article 20(1) by a two-thirds majority of its members and, if applicable, amend it in accordance with Article 20(3);
adopt the annual budget of ACER and exercise its other budgetary functions in accordance with Articles 31 to 35;
decide, after obtaining the agreement of the Commission, whether to accept any legacies, donations or grants from other Union sources or any voluntary contribution from the Member States or from the regulatory authorities. The opinion of the Administrative Board delivered pursuant to Article 35(4) shall address the sources of funding set out in this paragraph;
after consulting the Board of Regulators, exercise disciplinary authority over the Director. In addition, in accordance with paragraph 2, it shall exercise, with respect to the staff of ACER, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment on the Authority Empowered to conclude a Contract of Employment;
draw up ACER's implementing rules for giving effect to the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations pursuant to Article 39(2);
adopt practical measures regarding the right of access to ACER's documents, in accordance with Article 41;
adopt and publish the annual report on ACER's activities, on the basis of the draft annual report referred to in point (i) of Article 24(1), and shall submit that report to the European Parliament, the Council, the Commission, and the Court of Auditors by 1 July of each year. The annual report on ACER's activities shall contain an independent section, approved by the Board of Regulators, concerning ACER's regulatory activities during that year;
adopt and publish its own rules of procedure;
adopt the financial rules applicable to ACER in accordance with Article 36;
adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented;
adopt rules for the prevention and management of conflicts of interest in respect of its members as well as members of the Board of Appeal;
adopt and regularly update the communication and dissemination plans referred to in Article 41;
appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment, who shall be totally independent in the performance of his or her duties;
ensure appropriate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-Fraud Office (OLAF);
authorise the conclusion of working arrangements in accordance with Article 43;
on the basis of a proposal from the Director in accordance with point (b) of Article 24(1), and after consulting the Board of Regulators and obtaining its favourable opinion in accordance with point (f) of Article 22(5), adopt and publish the rules of procedure referred to in Article 14(5).
Article 20
Annual and multi-annual programming
The Administrative Board shall adopt the draft programming document after receipt of a favourable opinion of the Board of Regulators, and shall submit the draft programming document to the European Parliament, to the Council and to the Commission no later than 31 January.
The draft programming document shall be in accordance with the provisional draft estimate established in accordance with Article 33(1), (2) and (3).
The Administrative Board shall adopt the programming document, taking into account the opinion of the Commission, after receipt of a favourable opinion from the Board of Regulators, and after the Director has presented it to the European Parliament. The Administrative Board shall submit the programming document to the European Parliament, the Council and the Commission by 31 December.
The programming document shall be adopted without prejudice to the annual budgetary procedure and shall be made public.
The programming document shall become definitive after the final adoption of the general budget and, if necessary, shall be adjusted accordingly.
Any substantial amendment to the programming document shall be adopted by the same procedure set out for the initial programming document. The Administrative Board may delegate the power to make non-substantial amendments to the programming document to the Director.
The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, in particular to address the outcome of the evaluation referred to in Article 45.
Article 21
Composition of the Board of Regulators
The Board of Regulators shall be composed of:
senior representatives of the regulatory authorities, in accordance with Article 57(1) of Directive (EU) 2019/944 and Article 39(1) of Directive 2009/73/EC, and one alternate per Member State from the current senior staff of those authorities, both nominated by the regulatory authority;
one non-voting representative of the Commission.
Only one representative per Member State from the regulatory authority may be admitted to the Board of Regulators.
Article 22
Functions of the Board of Regulators
The Board of Regulators shall:
provide opinions and, where appropriate, comments on and amendments to the text of the Director's proposals for draft opinions, recommendations and decisions referred to in Article 3(1), Articles 4 to 8, Article 9(1) and (3), Article 10, point (c) of Article 11, Article 13, Article 15(4), and Articles 30 and 43 which are considered for adoption;
within its field of competence, provide guidance to the Director in the execution of his or her tasks, with the exception of ACER's tasks under Regulation (EU) No 1227/2011 and provide guidance to ACER's working groups established pursuant to Article 30;
provide an opinion to the Administrative Board on the candidate to be appointed as Director in accordance with point (a) of Article 19(1) and Article 23(2);
approve the programming document in accordance with Article 20(1);
approve the independent section on regulatory activities of the annual report, in accordance with point (k) of Article 19(1) and point (i) of Article 24(1);
provide an opinion to the Administrative Board on the rules of procedure under Article 14(5) and Article 30(3);
provide an opinion to the Administrative Board on the communication and dissemination plans referred to in Article 41;
provide an opinion to the Administrative Board on the rules of procedure for relations with third countries or international organisations referred to in Article 43.
Article 23
Director
The Director's term of office shall be five years. In the course of the nine months preceding the end of that period, the Commission shall undertake an assessment. In the assessment, the Commission shall examine in particular:
the performance of the Director;
ACER's duties and requirements in the following years.
Article 24
Tasks of the Director
The Director shall:
be the legal representative of ACER and shall be in charge of its day-to-day management;
prepare the work of the Administrative Board, participate, without having the right to vote, in the work of the Administrative Board and have responsibility for implementing the decisions adopted by the Administrative Board;
draft, consult upon, adopt and publish opinions, recommendations and decisions;
be responsible for implementing ACER's annual work programme under the guidance of the Board of Regulators and under the administrative control of the Administrative Board;
take the necessary measures, in particular as regards adopting internal administrative instructions and publishing notices, to ensure the functioning of ACER in accordance with this Regulation;
each year, prepare ACER's draft work programme for the following year, and shall, after the adoption of the draft by the Administrative Board submit it to the Board of Regulators, to the European Parliament and to the Commission by 31 January every year;
be responsible for implementing the programming document and reporting to the Administrative Board on its implementation;
draw up a provisional draft estimate of ACER pursuant to Article 33(1) and implement ACER's budget in accordance with Articles 34 and 35;
each year, prepare and submit to the Administrative Board a draft annual report including an independent section on ACER's regulatory activities and a section on financial and administrative matters;
prepare an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as on investigations by OLAF, and report on progress twice a year to the Commission and report regularly on progress to the Administrative Board;
be responsible for deciding whether, for the purpose of carrying out ACER's tasks in an efficient and effective manner, it is necessary to locate one or more members of staff in one or more Member States.
For the purpose of point (k) of the first subparagraph, before deciding to establish a local office the Director shall seek the opinion of the Member States concerned, including the Member State in which ACER's seat is located, and shall obtain the prior consent of the Commission and the Administrative Board. The decision shall be based on an appropriate cost-benefit analysis and shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of ACER's administrative functions.
Before submitting draft opinions, recommendations or decisions to a vote by the Board of Regulators, the Director shall submit proposals for the draft opinions, recommendations or decisions to the relevant working group for consultation sufficiently in advance.
The Director:
shall take the comments and amendments of the Board of Regulators into account and shall resubmit the revised draft opinion, recommendation or decision to the Board of Regulators for a favourable opinion;
may withdraw submitted draft opinions, recommendations or decisions provided that the Director submits a duly justified written explanation where the Director disagrees with the amendments submitted by the Board of Regulators;
In the case of a withdrawal of a draft opinion, recommendation or decision, the Director may issue a new draft opinion, recommendation or decision following the procedure set out in point (a) of Article 22(5) and in the second subparagraph of this paragraph. For the purposes of point (a) of the third subparagraph of this paragraph, where the Director deviates from or rejects the comments and amendments received from the Board of Regulators, the Director shall also provide a duly justified written explanation.
If the Board of Regulators does not give a favourable opinion on the resubmitted text of the draft opinion, recommendation or decision because its comments and amendments were not adequately reflected in the resubmitted text, the Director may revise the text of the draft opinion, recommendation or decision further in accordance with the amendments and comments proposed by the Board of Regulators in order to obtain its favourable opinion, without having to consult the relevant working group again or having to provide additional written reasons.
Article 25
Creation and composition of the Board of Appeal
The members of the Board of Appeal shall be formally appointed by the Administrative Board, on a proposal from the Commission, following a public call for expression of interest, and after consulting the Board of Regulators.
ACER's budget shall comprise a separate budget line for the financing of the registry of the Board of Appeal.
Article 26
Members of the Board of Appeal
Article 27
Exclusion and objection in the Board of Appeal
Article 28
Decisions subject to appeal
Article 29
Actions before the Court of Justice
Actions for the annulment of a decision issued by ACER pursuant to this Regulation and actions for failure to act within the applicable time limits may be brought before the Court of Justice only after the exhaustion of the appeal procedure referred to in Article 28. ACER shall take the necessary measures to comply with the judgments of the Court of Justice.
Article 30
Working groups
The establishment and the removal of a working group shall require a favourable opinion of the Board of Regulators.
Chapter III
Establishment and structure of the budget
Article 31
Structure of the budget
Without prejudice to other resources the revenues of ACER shall be made up of:
a contribution from the Union;
fees paid to ACER pursuant to Article 32;
any voluntary contributions from the Member States or from the regulatory authorities, under point (g) of Article 19(1);
legacies, donations or grants under point (g) of Article 19(1).
Article 32
Fees
The Commission shall regularly examine the level of those fees on the basis of an evaluation and, if necessary, shall adapt the level of those fees and the way in which they are to be paid.
Article 33
Establishment of the budget
Article 34
Implementation and control of the budget
Article 35
Presentation of accounts and discharge
By 31 March of year N + 1, the Commission's accounting officer shall submit the provisional accounts of ACER to the Court of Auditors. The Commission shall also submit the report on budgetary and financial management over the financial year to the European Parliament and to the Council.
Article 36
Financial rules
The financial rules applicable to ACER shall be adopted by the Administrative Board after consulting the Commission. Those rules may deviate from Delegated Regulation (EU) No 1271/2013 if the specific operational needs for the functioning of ACER so require and only with the prior agreement of the Commission.
Article 37
Combating fraud
Chapter IV
General and final provisions
Article 38
Privileges and immunities and Headquarters Agreement
Article 39
Staff
Article 40
Liability of ACER
Any arbitration clause contained in a contract concluded by ACER shall be subject to the jurisdiction of the Court of Justice.
Article 41
Transparency and communication
Article 42
Protection of classified and sensitive non-classified information
Article 43
Cooperation agreements
Article 44
Language arrangements
Article 45
Evaluation
The Commission, where appropriate, shall submit a legislative proposal together with its report.
Article 46
Repeal
Regulation (EC) No 713/2009 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 47
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Repealed Regulation with the amendment thereto
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, p. 1) |
|
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 |
Only the reference made by Article 20 of Regulation (EU) No 347/2013 to Article 22(1) of Regulation (EC) No 713/2009. |
ANNEX II
Correlation table
Regulation (EC) No 713/2009 |
This Regulation |
Article 1 |
Article 1 |
Article 4 |
Article 2 |
Article 5 |
Article 3 |
Article 6 (1) to (3) and (4) first subparagraph |
Article 4 |
Article 6 (4) second to fifth sub-paragraph and paragraphs (5), (6) and (9) |
Article 5 |
Article 7 and 8 |
Article 6 |
— |
Article 7 |
— |
Article 8 |
— |
Article 9 |
Article 9 (1) to (2) first sub–paragraph |
Article 10 |
Article 6 (7) and (8) |
Article 11 |
— |
Article 12 |
Article 9 (2) second sub–paragraph |
Article 13 |
Article 10 |
Article 14 |
Article 11 |
Article 15 |
Article 2 |
Article 16 |
Article 3 |
Article 17 |
Article 12 |
Article 18 |
Article 13 |
Article 19 |
— |
Article 20 |
Article 14 (1) and (2) |
Article 21 |
Article 14 (3) to (6) |
Article 22 (1) to (4) |
Article 15 |
Article 22 (5) and (6) |
Article 16 |
Article 23 |
Article 17 |
Article 24 |
Article 18 (1) and (2) |
Article 25 (1), (2) and (4) |
Article 19 (6) |
Article 25 (3) |
Article 18 (3) |
Article 26 |
Article 18 (4) to (7) |
Article 27 |
Article 19 (1) to (5) and (7) |
Article 28 |
— |
— |
— |
Article 29 |
— |
Article 30 |
Article 21 |
Article 31 |
Article 22 |
Article 32 |
Article 23 |
Article 33 |
Article 24 (1) and (2) |
Article 34 |
Article 24 (3 and following) |
Article 35 |
Article 25 |
Article 36 |
— |
Article 37 |
Article 27 |
Article 38 |
Article 28 |
Article 39 |
Article 29 |
Article 40 |
Article 30 |
Article 41(1) to (3) |
— |
Article 42 |
Article 31 |
Article 43 |
Article 33 |
Article 44 |
Article 34 |
Article 45 |
— |
Article 46 |
Article 35 |
Article 47 |
( 1 ) Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing a guideline on forward capacity allocation (OJ L 259, 27.9.2016, p. 42).
( 2 ) Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (see page 54 of this Official Journal).
( 3 ) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).
( 4 ) Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (OJ L, 2024/1789, 15.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1789/oj).
( 5 ) Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets in renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj).
( 6 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( 7 ) Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
( 8 ) Regulation (EU) 2022/869 of the European Parliament and the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).
( 9 ) Regulation (EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on methane emissions reduction in the energy sector and amending Regulation (EU) 2019/942 (OJ L, 2024/1787, 15.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1787/oj).
( 10 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( 11 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
( 12 ) OJ L 136, 31.5.1999, p. 15.
( 13 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
( 14 ) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
( 15 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
( 16 ) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).
( 17 ) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
( 18 ) Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).