acer, structure and tasks, potential for regulatory cooperation, ceer

8/10/2019 ACER, Structure and Tasks, Potential for Regulatory Cooperation, CEER

1/19

Claude-Albane SWANSONCRE (France)

CEER Agency Project Team co-chair

ACER, structure and tasks,potential for regulatory

cooperation


2/19

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


3/19


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)


4/19415th Electricity Forum of the Energy Community, Athens, 25 November 2009

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



ACERs internal structure

Administrative Board (AB)

Board of Regulators (BoR) (New!)

Director, staff

Board of Appeal



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



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



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



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)




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


11/19



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


12/19



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 )


13/19


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


14/19


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


15/19


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


16/19


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


17/19


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


18/19


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)


19/19


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

acer, structure and tasks, potential for regulatory cooperation, ceer

Documents