ACER, Structure and Tasks, Potential for Regulatory Cooperation, CEER
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Transcript of ACER, Structure and Tasks, Potential for Regulatory Cooperation, CEER
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8/10/2019 ACER, Structure and Tasks, Potential for Regulatory Cooperation, CEER
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Claude-Albane SWANSONCRE (France)
CEER Agency Project Team co-chair
ACER, structure and tasks,potential for regulatory
cooperation
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215th Electricity Forum of the Energy Community, Athens, 25 November 2009
Background on EU Agencies
(1/2)
Decentralised organisations
Share in the executive functions at EUlevel
Highly technical, sectoral know how Funded by EU budget
Usually established by a Regulation
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315th Electricity Forum of the Energy Community, Athens, 25 November 2009
Background on EU Agencies
(2/2)
In line with the Meroni case law, EU
Agencies: May adopt individual legally binding decisions
May NOT:
Adopt general regulatory measures having theforce of law
Have decision-making powers in areas where they
would be required to exercise political discretion Have responsibilities with respect to which the EC
Treaty has conferred decision-making powers tothe Commission (e.g. competition policy)
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8/10/2019 ACER, Structure and Tasks, Potential for Regulatory Cooperation, CEER
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Agency for the Cooperation of
Energy Regulators (ACER)
Budget: 6 7 M
49 staff
Seat:
Bratislava (Slovak Republic); Bucharest(Romania); or Ljubljana (Slovenia)
To be decided by EU Member States,
possibly in December
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ACERs internal structure
Administrative Board (AB)
Board of Regulators (BoR) (New!)
Director, staff
Board of Appeal
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Governance arrangements
Administrative Board (AB) 9 members: 2 appointed by the Commission, 2 by the EP and 5 by the Council
Scope: all administrative and budgetary matters (budget, financial regulations,
internal rules)
Board of Regulators (BoR) (New!) National regulatory authorities and one non-voting representative of the
Commission
Scope: all regulatory matters
Director, staff Director manages and represents the Agency. Shall be appointed by the AB
following favourable opinion of the BoR
Board of Appeal 6 members. Any person and NRA may appeal against a decision addressed to
this person or of individual concern to that person
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Regulatory decision making
process within the Agency
Director
BoR1 member, 1 vote
Acts by a 2/3 majority
Publishes
Draft opinion,recommendation,
decision
Proposes
Opinion,recommendation,
decision
Needs to provide a
favourable opinion
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Time-frame for the
establishment of the Agency
Entry into
force
ACER
Reg
Sept 09
Establish
ment AB,
BoR
Q1 10
Appointment
Director
May 10 Sept 10
First Work
Programme
Agency
3 March 11
Agency
becomes
operational
Agency to be in a position to exercise its
tasks from 3 March 2011
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Tasks of the Agency (1/4)
Prepare and consult upon draft
Framework Guidelines
Participate in the development of EU
network codes
Priority areas
Pilot projects on CAM (gas) and grid
connection and access (electricity)
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Tasks of the Agency (2/4)
Provide an opinion to the Commission on
the draft statutes, list of members and
draft rules of procedure of the ENTSO for
Electricity and Gas
Provide an opinion to the ENTSOs on thedraft annual work programme; the draft
Community wide network developmentplan and other relevant documents
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1115th Electricity Forum of the Energy Community, Athens, 25 November 2009
Tasks of the Agency (3/4)
Monitor the execution of the tasks of the
ENTSOs; monitor and analyse the
implementation of the network codes;
Monitor the implementation of the
Community-wide-network developmentplans
Monitor the regional cooperation of TSOs
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1215th Electricity Forum of the Energy Community, Athens, 25 November 2009
Tasks of the Agency (4/4)
Opinions on certification decisions by NRAs
Regulatory decisions which may include theterms and conditions for access and
operational security to cross border
infrastructure ( back up role ) Exemption decisions, where the
infrastructure concerned is located in theterritory of more than one Member State (
back up role )
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1315th Electricity Forum of the Energy Community, Athens, 25 November 2009
Other monitoring tasks
Monitoring of the internal markets in
electricity and natural gas, in particular: Retail prices of electricity and natural gas
Access to the network including access of
electricity produced from RES
Compliance with the consumer rights
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1415th Electricity Forum of the Energy Community, Athens, 25 November 2009
Consultation and transparency
The Agency shall consult extensively and
at an early stage with market participants,TSOs, consumers, end-users and, where
relevant, competition authorities
Agenda, background documents, minutes
of meetings of AB, BoR and BA to be
made public on the Agencys website
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Regulatory cooperation
The purpose of the Agency shall be to assist
the regulatory authorities in exercising atCommunity level the regulatory tasks
performed in the Member States and,
where necessary, to coordinate their
action
C ti f NRA ithi
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Cooperation of NRAs within
the Agency (1/2)
NRAs to cooperate within the Agency
through their participation in the BoR Cooperation formalised through the Rules
of Procedure of the BoR including forspecific working methods arising from
working arrangements at regional level
Guidelines foreseen for the cooperation of
NRAs
C ti f NRA ithi
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1715th Electricity Forum of the Energy Community, Athens, 25 November 2009
Cooperation of NRAs within
the Agency (2/2)
GGP to assist NRAs and market players in
sharing good practices Peer review mechanism on whether a
decision taken by a NRA complies withGuidelines
C ti b t NRA
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Cooperation between NRAs
and the Agency
Powers, independance of NRAs
harmonised and levelled up in the thirdpackage
A duty of NRAs: complying with, andimplementing any relevant legally binding
decisions of the Agency (article 37.1d E-
Directive; article 41.1d G-Directive)
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Conclusion
The ACER and NRAs complement each
other ACER not an EU regulator. Will rely on
NRAs to enforce its decisions But a bit more than a framework for NRAs
to cooperate
Participation of third countries in the work
of the ACER