Agency for the Cooperation of Energy Regulators (ACER)
The seat of the Agency for Cooperation of Energy Regulators has been placed to Ljubljana, Slovenia. ACER shall, on the European level, complement the regulatory tasks performed on national levels. It shall play a key role in the integration of the European electricity and gas markets through creating an EU framework for national regulators with the aim to ensure cooperation and provision of bigger transparency and regualtory certainty. The ACER existence shall fill the regulatory gap in the field of cross-border issues, and shall provide regulatory supervision between system and network operators.
A legal backup document of the Agency is represented by the 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. This Regulation is one of the set of five legal acts comprising the 3rd Energy libaralization package adopted in Summer 2009. The Agency (ACER) is a body of the Community with its legal independence. The Agency consists of:
- Board of Regulators, created by the representatives (high-level and one substitute) of each National Regulatory Authority (NRA), and one non-voting Commission representative;
- Administrative Board, comprising nine members, and each member has his/her substitute. Two members (and their substitutes) are appointed by the Commission, two members (and their substitutes) by the European Parliament, and five mebers (and their substitutes) are appointed by the Council;
- Board of Appeal.
Tha ACER competencies are as follows:
- plays an important role in drafting the Framework Guidelines, inorder to ensure compliance of the European Network of Transmission system Operators (ENTSOs) while drafting the European electricity and gas Network Codes;
- adopts binding individual decisions on the conditions for access and operational security of the cross-boreder infrastructure in case the NRAs are not able to reach an agreement, or if they jointly require an intervention of the Agency;
- issues opinions for various electricity and gas stakeholders;
- provides advisory services related to electricity and gas issues not only for the European Commission, but also opinions and recommendations for all European institutions; and
- applies wide monitoring powers, including the development and implementation of the ENTSOs´ Network Codes and their implact on harmonization of the applied rules supporting market integration; internal market, including retail prices, access to the system and compliance with consumer rights; progress in implementation of the projects for building new interconnection capacity; implementation of the 10-year Network Dvelopment Plan; and regional cooperation of the system and network operators.
The forerunner to ACER was the European Regulators Group for Electricity and Gas (ERGEG), a formal advisory group to the European Commisson and created by the Commission in 2003 (Decision 2003/796/EC). With ACER fully operational (since March 2011), ERGEG was dissolved (Commission Decision of 16 May 2011 repealing Decision 2003/796/EC) with effect from 1 July 2011.
All past works relating to ERGEG activity (documents, reports, public consultations etc.) can be found on the website of the European Energy Regulators.