32019R0942

WHAT IS THE AIM OF THE REGULATION?

• Regulation (EU) 2019/942 updates the role and functioning of the European Union’s (EU) Agency for the Cooperation of Energy Regulators (ACER).
• The regulation adapts the agency’s tasks to the new energy market design introduced in the clean energy for all Europeans package.
• The agency seeks to contribute to the adoption of high-quality common regulatory and supervisory practices, and thus to the coherent, effective and efficient application of EU law to achieve the EU’s climate and energy objectives.
• Amending Regulations (EU) 2024/1747 and 2024/1749 expand ACER’s tasks and responsibilities.

KEY POINTS

ACER’s tasks

These include:

• assisting the national regulatory authorities in carrying out, at the EU level, the regulatory tasks performed in the EU Member States;
• coordinating action by national regulatory authorities and mediating and settling disagreements;
• providing regulatory oversight of regional coordination centres (RCCs)¹ in close cooperation with the national regulatory authorities and the European Network for Transmission System Operators for Electricity (ENTSO-E);
• monitoring the cooperation of transmission system operators (TSOs) and distribution system operators;
• participating in the development and implementation of network codes and guidelines;
• adopting decisions on technical issues in relation to national regulatory authorities;
• monitoring and analysing the performance of RCCs;
• ensuring that nominated electricity-market operators carry out their functions;
• overseeing methodologies and calculations with regard to generation adequacy and risk preparedness;
• monitoring wholesale markets, collecting and sharing data and establishing a European register of market participants, in close cooperation with the regulatory and other national authorities;
• in close cooperation with the regulatory authorities, ENTSO-E and the European Network of Transmission System Operators for Gas, monitoring progress as regards the implementation of trans-European energy infrastructure projects to create new interconnector capacity and monitor EU-wide network development plans.

Status

• In carrying out its tasks, ACER acts independently, objectively and in the interests of the EU.
• It takes its decisions autonomously, independent of private or corporate interests.

Opinions, recommendations and decisions

The agency issues opinions and recommendations to:

• TSOs, ENTSO-E, the European Network of Transmission System Operators for Gas, the EU Distribution Systems Operators entity, RCCs and designated operators in the electricity market;
• the single allocation platform² established in accordance with Commission Regulation (EU) 2016/1719 on establishing a guideline on forward capacity allocation;
• regulatory authorities;
• the European Parliament, the Council of the European Union or the European Commission.

The agency has the power to make decisions in certain situations, namely:

• on approving the terms, conditions and methodologies applicable in all Member States that are provided for in network codes and guidelines;
• in relation to bidding zone reviews;
• on arbitration between regulatory authorities on regulatory cross-border issues;
• on exemptions from certain market rules;
• on infrastructure matters;
• on matters related to wholesale market integrity and transparency rules;
• for the purpose of information requests.

Monitoring and reporting

In cooperation with the Commission, Member States and the relevant national authorities, including the regulatory authorities, ACER monitors the wholesale and retail markets in electricity and natural gas, including:

• the retail prices of electricity and natural gas;
• compliance with consumer rights;
• the impact of market developments on household customers;
• access to the networks, including access to electricity produced from renewable energy sources.

ACER publishes annual monitoring reports that identify any barriers to the completion of the internal markets for electricity and natural gas.

In 2024, ACER published its first monitoring report on RCC reporting obligations.

ACER is required to issue a report on the impact of using peak-shaving³ products on the EU electricity market where a regional or EU-wide electricity price crisis is declared under Directive (EU) 2019/944, as amended by Regulation (EU) 2024/1747, and a report on the impact of developing peak-shaving products on the EU electricity market under normal market circumstances.

Every 3 years, ACER is required to compile and make public a set of indicators and corresponding reference values for the comparison of unit investment costs linked to measurement, quantification, monitoring, reporting, verification and reduction, including venting and flaring, of methane emissions for comparable projects.

FROM WHEN DOES THE REGULATION APPLY?

Regulation (EU) 2019/942 has applied since 4 July 2019. It recast and replaced Regulation (EC) No 713/2009 and its subsequent amendments.

BACKGROUND

For further information, see:

• About ACER (ACER)
• Energy union (Council of the European Union).

KEY TERMS

1. Regional Coordination Centres. These aim to ensure that the electricity supply across the EU is secure and efficient and to limit market distortions. They seek to promote regional cooperation between TSOs, and their tasks include coordinated capacity calculation, coordinated security assessment, common grid model, consistency defence and restoration plans, short-term adequacy, outage planning coordination and post-disturbance analysis.
2. Single allocation platform. The European platform established by all TSOs for forward capacity allocation. It ensures the execution of the long-term auctions in accordance with the harmonised allocation rules and any additional tasks required for the provision of long-term transmission rights.
3. Peak-shaving. The ability of market participants to reduce electricity consumption from the grid at peak hours at the request of the system operator.

MAIN DOCUMENT

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) (OJ L 158, 14.6.2019, pp. 22–53).

Successive amendments to Regulation (EU) 2019/942 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EU) 2019/941 of the European Parliament and of the Council of 5 June 2019 on risk preparedness in the electricity sector and repealing Directive 2005/89/EC (OJ L 158, 14.6.2019, pp. 1–21).

Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, pp. 54–124).

See consolidated version.

Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, pp. 125–199).

See consolidated version.

Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the governance of the energy union and climate action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, pp. 1–77).

See consolidated version.

Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, pp. 82–209).

See consolidated version.

Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 156, 19.6.2018, pp. 75–91).

Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing a guideline on forward capacity allocation (OJ L 259, 27.9.2016, pp. 42–68).

See consolidated version.

Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, pp. 1–56).

See consolidated version.

Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, pp. 13–35).

See consolidated version.