The European Commission, the Council of the EU and the European Parliament reached a compromise on Tuesday 11 December in Strasbourg on updating the Regulation establishing the Agency for the Cooperation of Energy Regulators (ACER).
The Regulation updates the role and functioning of the Agency, including the tasks of its Director and Board of Regulators.
One of the key elements concerns the regulatory oversight of European entities, such as the European Network of Transmission System Operators for Electricity (ENTSO-E) and the European Entity of Distribution System Operators (EU DSO).
Regulatory oversight is already exercised by national regulatory authorities and ACER, but the new provisions strengthen the supporting role of the Agency in identifying breaches of obligations and acting as an arbiter in the event of disagreement between different national regulatory authorities.
However, only national regulatory authorities remain competent to apply any decision with regard to European entities. The application of supervision by national regulatory authorities is governed by the 'electricity directive', which is still being negotiated (see EUROPE 12154).
The division of competences between the Director of ACER and its Board of Regulators is reviewed. When drafting the Agency's opinions, recommendations and decisions, the Director shall take into account the opinions of the Board of Regulators or provide justification if he/she does not do so. If the Board of Regulators does not approve the revised text, the Director may revise or withdraw it and submit a new text. (Original version in French by Lionel Changeur)