Sustainovadirectory

Agency for the Cooperation of Energy Regulators Regulation

In ForceRegulation

Introduction

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.

Main Goal

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.

Who It Applies To

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:

  • National Regulatory Authorities (NRAs) of EU Member States.
  • Transmission System Operators (TSOs) for electricity, gas, and hydrogen.
  • The European Network of Transmission System Operators for Electricity (ENTSO-E).
  • The European Network of Transmission System Operators for Gas (ENTSO-G).
  • The European Network of Network Operators for Hydrogen (ENNOH).
  • The EU DSO entity (representing Distribution System Operators).
  • Regional Coordination Centres (RCCs).
  • Nominated Electricity Market Operators (NEMOs).
  • Energy market participants involved in wholesale energy markets.

Key Dates

  • Entry into Force: The regulation entered into force on July 4, 2019, and was directly applicable from this date.
  • Evolving Mandate: ACER's tasks and deadlines evolve with new legislation. For example, Regulation (EU) 2024/1787 on methane emissions, which entered into force in July 2024, amends the ACER regulation to include new responsibilities. ACER must establish indicators for methane reduction investment costs every three years.
  • Reporting Deadlines: Various articles within the regulation and related network codes set specific deadlines for TSOs, NEMOs, and other entities to submit proposals (e.g., for methodologies or terms and conditions) to ACER or NRAs for approval. These deadlines are typically within months of the relevant network code's entry into force.

Exemptions

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.

Key Provisions

  • Establishment and Objectives: Formally establishes ACER as an independent EU agency to foster cooperation among NRAs and ensure the proper functioning of the internal energy market.
  • Tasks and Powers: ACER has a range of powers, including issuing non-binding opinions and recommendations, as well as legally binding individual decisions on specific technical and cross-border issues.
  • Network Codes and Guidelines: ACER plays a crucial role in the development, revision, and monitoring of EU-wide network codes and guidelines, which set harmonized technical, operational, and market rules.
  • Cross-Border Dispute Settlement: ACER is empowered to settle disagreements between NRAs on cross-border issues, such as cost allocation for infrastructure projects or terms for cross-zonal capacity. If NRAs cannot reach a unanimous agreement within a set timeframe (typically six months), the matter is referred to ACER for a binding decision.
  • Market Monitoring: ACER is responsible for monitoring the internal electricity and natural gas markets, particularly wholesale market integrity and transparency under the REMIT Regulation (Regulation (EU) No 1227/2011). This includes collecting and analyzing market data to detect potential abuse.
  • Infrastructure Oversight: It monitors the progress of trans-European energy infrastructure projects (Projects of Common Interest) and can decide on cross-border cost allocation for such projects.
  • Organizational Structure: The regulation defines ACER's structure, comprising an Administrative Board, a Board of Regulators (the main decision-making body on regulatory matters), a Director, and a Board of Appeal.

Obligations & Requirements

  • For NRAs: Must cooperate through the ACER framework, provide necessary information to ACER, and are bound by ACER's individual decisions.
  • For TSOs, ENTSOs, EU DSO entity: Must develop and submit draft network codes, methodologies, and regional plans to ACER and NRAs for review and approval. They must provide ACER with all necessary information upon request.
  • For Market Participants: Must comply with the network codes and guidelines implemented under this framework and are subject to ACER's market monitoring activities under REMIT.
  • For ACER: Must act independently and transparently, consult stakeholders extensively, and carry out its tasks as defined in the regulation, including monitoring, reporting, and decision-making.

Affected Products/Types/Actors/Processes

  • Actors: National regulators, TSOs, DSOs, NEMOs, energy producers, suppliers, traders, and large consumers.
  • Processes: Cross-border electricity and gas trading, network access and tariff setting, capacity allocation, congestion management, balancing, infrastructure planning and investment, and wholesale market monitoring.
  • Products: Wholesale electricity, natural gas, and increasingly, hydrogen.

Penalties

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.

... Show more

Pillars

EnvironmentalSocialGovernance

Audience

BusinessStates

Applicable Area

EU

Categories

Legislation & frameworksRegulatory ChangeRegulatory ComplianceEnergy ManagementEnergy TransitionRenewable EnergySustainable EnergyAffordable EnergyElectric Power GenerationHydrogen Energy

Regulation (EU) 2019/942

Timeline
  • Proposed
    Nov 30, 2016
  • Approved
    Mar 26, 2019
  • Adopted
    Jun 5, 2019
  • Published
    Jun 14, 2019
  • In Force
    Jul 4, 2019
  • In Application
    Jul 4, 2019
  • Last Updated
    Dec 17, 2025

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:

  • General Applicability (from July 4, 2019): All affected actors, including Transmission System Operators (TSOs), Nominated Electricity Market Operators (NEMOs), and National Regulatory Authorities (NRAs), must comply with ACER's binding decisions and cooperate within its framework.
  • Network Codes & Methodologies: TSOs and other relevant entities are continuously required to develop and submit proposals for technical methodologies (e.g., for capacity allocation, balancing, or tariff structures) for approval by NRAs or ACER. Deadlines for these submissions are specified within the relevant legislation (e.g., the Electricity Regulation (EU) 2019/943).
  • Evolving Tasks: ACER's mandate is regularly updated. For instance, Regulation (EU) 2024/1787 on methane emissions amends the ACER Regulation, requiring ACER to establish and publish a set of indicators and reference values for the comparison of unit investment costs for methane emission reduction projects every three years. This new task applies from the entry into force of the amending regulation in mid-2024.

Documents & Attachments

Official Documents

ACER Administrative Board Appointments
Council Decision of 11 December 2025Dec 11, 2025
DecisionEnglishEU
Trans-European Energy Infrastructure Guidelines
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European energy infrastructure, amending Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869Dec 10, 2025
Proposal OfficialEnglishEU
ACER Task Fees Decision
Commission Decision (EU) 2025/1771Sep 8, 2025
DecisionEnglishEU
ACER Budget Discharge
Decision (EU) 2025/1615May 7, 2025
DecisionEnglishEU
ACER Accounts Closure Decision
Decision (EU) 2025/1616May 7, 2025
DecisionEnglishEU
ACER Administrative Board Alternate Appointment Decision
Council Decision of 14 April 2025Apr 14, 2025
DecisionEnglishEU
ACER Administrative Board Alternates Appointment
Council Decision of 16 December 2024Dec 16, 2024
DecisionEnglishEU
Electricity Market Design Regulation
Regulation (EU) 2024/1747Jun 13, 2024
RegulationEnglishEU
Methane Emissions Reduction in Energy Sector Regulation
Regulation (EU) 2024/1787Jun 13, 2024
RegulationEnglishEU
Renewable Gas, Natural Gas and Hydrogen Markets Regulation
Regulation (EU) 2024/1789Jun 13, 2024
RegulationEnglishEU
ACER Administrative Board Alternates Appointment
Council Decision of 24 May 2024May 24, 2024
DecisionEnglishEU
Wholesale Energy Market Manipulation Regulation
Regulation (EU) 2024/1106Apr 11, 2024
RegulationEnglishEU
ACER Budget Discharge
Decision (EU) 2024/2255Apr 11, 2024
DecisionEnglishEU
ACER Accounts Closure Decision
Decision (EU) 2024/2257Apr 11, 2024
DecisionEnglishEU
ACER Administrative Board Appointments
Council Decision of 8 December 2023Dec 8, 2023
DecisionEnglishEU
ACER Budget Discharge
Decision (EU) 2023/1844May 10, 2023
DecisionEnglishEU
ACER Accounts Closure
Decision (EU) 2023/1846May 10, 2023
DecisionEnglishEU
Wholesale Energy Market Manipulation Protection
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) No 1227/2011 and (EU) 2019/942 to improve the Union’s protection against market manipulation in the wholesale energy marketMar 14, 2023
Proposal OfficialEnglishEU
Electricity Market Design
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) 2019/943 and (EU) 2019/942 as well as Directives (EU) 2018/2001 and (EU) 2019/944 to improve the Union’s electricity market designMar 14, 2023
Proposal OfficialEnglishEU
Electricity Coordination Group Composition Amendment Decision
Commission Decision (EU) 2023/376Feb 17, 2023
DecisionEnglishEU
Trans-European Energy Infrastructure Guidelines
Regulation (EU) 2022/869May 30, 2022
RegulationEnglishEU
ACER Budget Discharge
Decision (EU) 2022/1716May 4, 2022
DecisionEnglishEU
Closure of ACER Accounts
Decision (EU) 2022/1718May 4, 2022
DecisionEnglishEU
ACER Administrative Board Appointments
Council Decision 2022/C 38 I/01Jan 24, 2022
DecisionEnglishEU
Internal Markets for Renewable and Natural Gases and Hydrogen Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the internal markets for renewable and natural gases and for hydrogen (recast)Dec 15, 2021
Proposal OfficialEnglishEU
Methane Emissions Reduction in Energy Sector Regulation
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on methane emissions reduction in the energy sector and amending Regulation (EU) 2019/942Dec 15, 2021
Proposal OfficialEnglishEU
ACER Budget Discharge
Decision (EU, Euratom) 2021/1643Apr 28, 2021
DecisionEnglishEU
Energy Regulators Agency Accounts Closure
Decision (EU, Euratom) 2021/1644Apr 28, 2021
DecisionEnglishEU
ACER Fees for Energy Information
Commission Decision (EU) 2020/2152Dec 17, 2020
DecisionEnglishEU
ACER Budget Discharge Decision
Decision (EU) 2020/1922May 13, 2020
DecisionEnglishEU
ACER Accounts Closure
Decision (EU) 2020/1923May 13, 2020
DecisionEnglishEU
ACER Administrative Board Appointments
Council Decision 2019/C 409/04Dec 4, 2019
DecisionEnglishEU
Trans-European Energy Infrastructure Guidelines Regulation
Regulation (EU) No 347/2013Apr 17, 2013
RegulationEnglishEU
Agency for the Cooperation of Energy Regulators Regulation
Regulation (EC) No 713/2009Jul 13, 2009
RegulationEnglishEU
Methane Emissions Reduction Regulation in the Energy Sector
RegulationEnglishEU

General Information Documents

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL pursuant to Articles 5(5) and 6(10) of Regulation (EU) 2019/942 on the involvement of the European Union Agency for the Cooperation of Energy Regulators in the implementation of electricity network codes and guidelines adopted as delegated acts
Oct 31, 2023
InformationEnglishEU

No supportive documents available.