Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast) (Text with EEA relevance.)

Chapter I

Objectives and tasks

Article 1

Establishment and objectives

Article 2

Type of acts of ACER

ACER shall:

(a) issue opinions and recommendations addressed to transmission system operators, the ENTSO for Electricity, the ENTSO for Gas, the European Network of Network Operators for Hydrogen (ENNOH), the EU DSO entity, regional coordination centres, nominated electricity market operators, and entities established by transmission system operators for natural gas, LNG system operators, natural gas storage system operators or hydrogen storage operators or hydrogen network operators;

(aa) issue opinions and recommendations addressed to the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 (¹);

(b) issue opinions and recommendations addressed to regulatory authorities;

(c) issue opinions and recommendations addressed to the European Parliament, the Council, or the Commission;

(d) issue individual decisions on the provision of information in accordance with Article 3(2), Article 7(2), point (b), and Article 8, point (c); on approving the methodologies, terms and conditions in accordance with Article 4(4), Article 5(2), (3) and (4); on bidding zones reviews as referred to in Article 5(7); on technical issues as referred to in Article 6(1); on arbitration between regulators in accordance with Article 6(10); related to regional coordination centres as referred to in Article 7(2), point (a); on approving and amending methodologies and calculations and technical specifications as referred to in Article 9(1); on approving and amending methodologies as referred to in Article 9(3); on exemptions as referred to in Article 10; on infrastructure as referred to in Article 11, point (d); on matters related to wholesale market integrity and transparency pursuant to Article 12; and on approving and amending the joint proposal from the ENTSO for Electricity and the EU DSO entity regarding the type of data and format and the methodology related to the analysis to be provided as regards the flexibility needs pursuant to Article 5(9);

(e) submit non-binding framework guidelines to the Commission in accordance with Article 59 of Regulation (EU) 2019/943 of the European Parliament and of the Council (²) and Article 6 of Regulation (EC) No 715/2009 of the European Parliament and of the Council (³).

Article 3

General tasks

For the purpose of information requests as referred to in the first subparagraph, ACER shall have the power to issue decisions. In its decisions, ACER shall specify the purpose of its request, shall make a reference to the legal basis under which the information is requested, and shall state a time limit within which the information is to be provided. That time limit shall be proportionate to the request.

ACER shall use confidential information received pursuant to this Regulation only for the purpose of carrying out the tasks assigned to it in this Regulation. ACER shall ensure the appropriate data protection of the information pursuant to Article 41.

This paragraph shall also apply to the single allocation platform established in accordance with Regulation (EU) 2016/1719.

Article 4

Tasks of ACER as regards the cooperation of transmission system operators and distribution system operators

ACER may provide an opinion:

(a) to the ENTSO for Electricity in accordance with Article 30(1), point (a), of Regulation (EU) 2019/943, to the ENTSO for Gas in accordance with Article 26(2) of Regulation (EU) 2024/1789 and to the ENNOH in accordance with Article 59(1) of that Regulation on the network codes;

(b) to the ENTSO for Electricity in accordance with Article 32(2) of Regulation (EU) 2019/943, to the ENTSO for Gas in accordance with the Article 26(2) of Regulation (EU) 2024/1789 and to the ENNOH in accordance with Article 60(2) of Regulation (EU) 2024/1789 on the draft Union-wide network development plan and on other relevant documents referred to in Article 30(1) of Regulation (EU) 2019/943 and Article 26(3) and Article 59(1) of Regulation (EU) 2024/1789, taking into account the objectives of non-discrimination, effective competition and the proper and secure functioning of the internal markets for electricity, hydrogen and natural gas;

(c) to the EU DSO entity on the draft annual work programme and other relevant documents referred to in Article 55(2) of Regulation (EU) 2019/943 and Article 41(3) of Regulation (EU) 2024/1789, taking into account the objectives of non-discrimination, effective competition and the proper and secure functioning of the internal market for electricity, hydrogen and natural gas.

At the request of one or more regulatory authorities or at its own initiative, ACER shall issue a reasoned opinion as well as a recommendation to the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or the regional coordination centres with regard to compliance with their obligations.

Article 5

Tasks of ACER as regards the development and implementation of network codes and guidelines

ACER shall participate in the development of network codes in accordance with Article 59 of Regulation (EU) 2019/943 and Articles 71 and 72 of Regulation (EU) 2024/1789 and of guidelines in accordance with Article 61(6) of Regulation (EU) 2019/943 and Article 74(5) of Regulation (EU) 2024/1789. It shall in particular:

(a) submit non-binding framework guidelines to the Commission where it is requested to do so under Article 59(4) of Regulation (EU) 2019/943 or Article 71(4) or Article 72(4) of Regulation (EU) 2024/1789. ACER shall review the framework guidelines and re-submit them to the Commission where requested to do so under Article 59(7) of Regulation (EU) 2019/943 or Article 71(7) or Article 72(7) of Regulation (EU) 2024/1789;

(b) revise the network code in accordance with Article 59(11) of Regulation (EU) 2019/943 or Article 71(11) or Article 72(11) of Regulation (EU) 2024/1789. In its revision, ACER shall take account of the views provided by the parties involved during the drafting of that revised network code led by the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity, and shall consult the relevant stakeholders on the version to be submitted to the Commission. To that end, ACER may use the drafting committee established under the network codes where appropriate. ACER shall report to the Commission on the outcome of the consultations. Subsequently, ACER shall submit the revised network code to the Commission in accordance with Article 59(11) of Regulation (EU) 2019/943 or Article 71(11) or Article 72(11) of Regulation (EU) 2024/1789. Where the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity have failed to develop a network code, ACER shall prepare and submit a draft network code to the Commission where it is requested to do so under Article 59(12) of Regulation (EU) 2019/943 or Article 71(12) or Article 72(12) of Regulation (EU) 2024/1789;

(c) provide a duly reasoned opinion to the Commission, in accordance with Article 32(1) of Regulation (EU) 2019/943 or Article 27(1) or Article 64(2) of Regulation (EU) 2024/1789, where the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity has failed to implement a network code elaborated under Article 30(1), point (a), of Regulation (EU) 2019/943 or Article 26(1) or Article 59(1), point (a), of Regulation (EU) 2024/1789 or a network code which has been established in accordance with Article 59(3) to (12) of Regulation (EU) 2019/943 or Article 71(3) to (12) or Article 72(3) to (12) of Regulation (EU) 2024/1789 but which has not been adopted by the Commission under Article 59(13) of Regulation (EU) 2019/943 or under Article 71(13) or Article 72(13) of Regulation (EU) 2024/1789;

(d) monitor and analyse the implementation of the network codes adopted by the Commission in accordance with Article 59 of Regulation (EU) 2019/943 and Articles 71 and 72 of Regulation (EU) 2024/1789 and the guidelines adopted in accordance with Article 61 of Regulation (EU) 2019/943 and Article 74 of Regulation (EU) 2024/1789, and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non-discrimination, effective competition and the proper functioning of the market, and report to the Commission.

Where one of the following legal acts provides for the development of proposals for common terms and conditions or methodologies for the implementation of network codes and guidelines which require the approval of all regulatory authorities, those proposals for common terms and conditions or methodologies shall be submitted to ACER for revision and approval:

(a) a legislative act of the Union adopted under the ordinary legislative procedure;

(b) network codes and guidelines adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines; or

(c) network codes and guidelines adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (⁶).

Where one of the following legal acts provides for the development of proposals for terms and conditions or methodologies for the implementation of network codes and guidelines which require the approval of all the regulatory authorities of the region concerned, those regulatory authorities shall agree unanimously on the common terms and conditions or methodologies to be approved by each of those regulatory authorities:

(a) a legislative act of the Union adopted under the ordinary legislative procedure;

(b) network codes and guidelines that were adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines; or

(c) network codes and guidelines adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011.

The proposals referred to in the first subparagraph shall be notified to ACER within one week of their submission to those regulatory authorities. The regulatory authorities may refer the proposals to ACER for approval pursuant to point (b) of the second subparagraph of Article 6(10) and shall do so pursuant to point (a) of the second subparagraph of Article 6(10) where there is no unanimous agreement as referred to in the first subparagraph.

The Director or the Board of Regulators, acting on its own initiative or on a proposal from one or more of its members, may require the regulatory authorities of the region concerned to refer the proposal to ACER for approval. Such a request shall be limited to cases in which the regionally agreed proposal would have a tangible impact on the internal energy market or on security of supply beyond the region.

ACER shall monitor the single allocation platform established in accordance with Regulation (EU) 2016/1719.

Article 6

Tasks of ACER as regards the regulatory authorities

ACER may issue recommendations to transmission system operators, distribution system operators, hydrogen network operators and regulatory authorities, with regard to the regulatory asset bases pursuant to Article 5(6), third subparagraph, of Regulation (EU) 2024/1789.

ACER shall be competent to adopt individual decisions on regulatory issues having effects on cross-border trade or cross-border system security which require a joint decision by at least two regulatory authorities, where such competences have been conferred on the regulatory authorities under one of the following legal acts:

(a) a legislative act of the Union adopted under the ordinary legislative procedure;

(b) network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines;

(c) network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011;

(d) guidelines pursuant to Annex I to Regulation (EU) 2024/1789; or

(e) network codes and guidelines referred to in Articles 71 to 74 of Regulation (EU) 2024/1789.

ACER shall be competent to adopt individual decisions as specified in the first subparagraph in the following situations:

(a) where the competent regulatory authorities have not been able to reach an agreement within six months of referral of the case to the last of those regulatory authorities, or within four months with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788;

(b) on the basis of a joint request from the competent regulatory authorities.

The competent regulatory authorities may jointly request that the period referred to in point (a) of the second subparagraph of this paragraph be extended by a period of up to six months, except with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788.

Where the competences to decide on cross-border issues referred to in the first subparagraph of this paragraph have been conferred on the regulatory authorities in new network codes or guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as delegated acts after 4 July 2019, ACER shall only be competent on a voluntary basis pursuant to point (b) of the second subparagraph of this paragraph, upon a request from at least 60 % of the competent regulatory authorities. Where only two regulatory authorities are involved, either one may refer the case to ACER.

By 31 October 2023, and every three years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the possible need to further enhance ACER's involvement in solving cases of disagreement between regulatory authorities concerning joint decisions on matters for which the competences were conferred on those regulatory authorities by a delegated act after 4 July 2019. Where appropriate, the report shall be accompanied by a legislative proposal to modify such powers or to transfer the necessary powers to ACER.

Where a case has been referred to ACER under paragraph 10, ACER:

(a) shall issue a decision within six months of the date of referral, or within four months thereof with regard to cases pursuant to Article 4(7) of this Regulation or Article (59)(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788; and

(b) may, if necessary, provide an interim decision to ensure that security of supply or operational security is protected.

Article 7

Tasks of ACER as regards regional coordination centres

To carry out the tasks referred to in paragraph 1 in an efficient and expeditious manner, ACER shall in particular:

(a) decide on the configuration of system operation regions pursuant to Article 36(3) and (4) and issue approvals pursuant to Article 37(2) of Regulation (EU) 2019/943;

(b) request information from regional coordination centres where appropriate pursuant to Article 46 of Regulation (EU) 2019/943;

(c) issue opinions and recommendations to the European Parliament, the Council and the Commission;

(d) issue opinions and recommendations to regional coordination centres.

Article 8

Tasks of ACER as regards nominated electricity market operators

In order to ensure that nominated electricity market operators carry out their functions under the Regulation (EU) 2019/943 and Commission Regulation (EU) 2015/1222 (⁷), ACER shall:

(a) monitor the nominated electricity market operators' progress in establishing the functions under Regulation (EU) 2015/1222;

(b) issue recommendations to the Commission in accordance with Article 7(5) of Regulation (EU) 2015/1222;

(c) request information from nominated electricity market operators where appropriate.

Article 9

Tasks of ACER as regards generation adequacy and risk preparedness

ACER shall approve and amend where necessary:

(a) the proposals for methodologies and calculations related to the European resource adequacy assessment pursuant to Article 23(3), (4), (6) and (7) of Regulation (EU) 2019/943;

(b) the proposals for technical specifications for cross-border participation in capacity mechanisms pursuant to Article 26(11) of Regulation (EU) 2019/943.

ACER shall approve and amend where necessary the methodologies for:

(a) identifying electricity crisis scenarios at a regional level pursuant to Article 5 of Regulation (EU) 2019/941;

(b) short-term and seasonal adequacy assessments pursuant to Article 8 of Regulation (EU) 2019/941.

Article 10

Tasks of ACER as regards exemptions

ACER shall decide on exemptions, as provided for in Article 63(5) of Regulation (EU) 2019/943 ACER shall also decide on exemptions as provided for in Article 36(4) of Directive 2009/73/EC where the infrastructure concerned is located in the territory of more than one Member State.

Article 11

Tasks of ACER as regards infrastructure

With respect to trans-European energy infrastructure, ACER, in close cooperation with the regulatory authorities and the ENTSO for Electricity and the ENTSO for Gas, shall:

(a) monitor progress as regards the implementation of projects to create new interconnector capacity;

(b) monitor the implementation of the Union-wide network-development plans. If ACER identifies inconsistencies between those plans and their implementation, it shall investigate the reasons for those inconsistencies and make recommendations to the transmission system operators, regulatory authorities or other competent bodies concerned with a view to implementing the investments in accordance with the Union-wide network-development plans;

(c) carry out the obligations laid out in Article 5, Article 11(3), Article 11(6) to (9), Articles 12, 13 and 17 and in Section 2, point (12), of Annex III to Regulation (EU) 2022/869 of the European Parliament and the Council (⁸);

(d) take decisions on investment requests including cross-border cost allocation pursuant to Article 16(7) of Regulation (EU) 2022/869.

Article 12

Tasks of ACER as regards wholesale market integrity and transparency

In order to effectively monitor wholesale market integrity and transparency, ACER, in close cooperation with the regulatory authorities and other national authorities, shall: