Regulation (EU) 2019/942 establishes the European Union Agency for the Cooperation of Energy Regulators (ACER). This regulation is a recast of the original Regulation (EC) No 713/2009, strengthening ACER's role to better address the challenges of the clean energy transition under the EU Green Deal. ACER is a central EU body with legal personality, designed to act independently and objectively in the interest of the Union.
Its primary purpose is to complement and coordinate the work of national energy regulatory authorities (NRAs) at the EU level. It provides a framework for NRAs to cooperate, ensures the consistent application of EU energy legislation, and helps create a more integrated, competitive, secure, and sustainable internal energy market for electricity and natural gas.
The main goal of ACER is to assist national regulatory authorities in exercising their regulatory tasks and, where necessary, to coordinate their actions and settle disagreements. It aims to foster the establishment of high-quality common regulatory and supervisory practices, contributing to the consistent, efficient, and effective application of Union law to achieve the EU's climate and energy goals, such as decarbonization and ensuring security of supply.
This regulation primarily establishes and defines the functions of ACER. However, its work and decisions directly affect a wide range of actors in the energy sector, including:
The regulation itself does not provide exemptions for actors from its scope. However, a key task for ACER is to decide on exemption requests for new energy infrastructure (e.g., new electricity interconnectors or gas infrastructure) from certain provisions of EU energy law, such as rules on third-party access and tariff regulation, as stipulated in Article 63 of Regulation (EU) 2019/943 and Article 36 of Directive 2009/73/EC.
The regulation itself does not directly set penalties on market participants. Enforcement is primarily handled by NRAs at the national level. However, ACER's decisions are legally binding on the entities they are addressed to (e.g., NRAs, TSOs). Failure to comply can lead to infringement procedures by the European Commission against the relevant Member State.
Furthermore, under the related REMIT regulation, which ACER oversees, amendments have given ACER the power to impose periodic penalty payments to compel compliance with its investigatory powers.
The ACER Regulation (EU) 2019/942 became directly applicable in all EU Member States on July 4, 2019. As a regulation establishing an EU agency, its provisions primarily define the agency's powers and the obligations for national regulators and energy system operators to cooperate with it.
The timeline for businesses is dictated by the various network codes and guidelines that ACER develops and oversees. The obligations are ongoing and evolve as new energy legislation is adopted:
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