On today’s AmCham Business Breakfast we had a great honor to get to know better newly founded European Agency ACER. Our guest was Mr. Alberto Pototschnig, Director of ACER.

Third Energy Package, that leads towards the Single Energy Market, was adopted in 2009. Within the packed the regulative 713/2009 announced establishment of the Agency ACER.

Most important points of the Third Energy Package:

– EU-wide Network Development Plans (non-binding)

– EU-wide binding rules (Network Codes)

– Greater separation of Transmission and System Operation activities

– Stronger and more independent NRAs (with greater EU focus)

– EU-wide cooperation: ACER and ENTSOs

ACER’s Mission:

– ACER is NOT a European Energy Regulator!

– Regulatory powers are still in the hands of the National Regulatory Authorities (NRAs). In fact, the 3rd package has reinforced the role and powers of the NRAs

– ACER only has “residual” regulatory powers

“The purpose of the Agency shall be to assist the [NRAs] in exercising, at Community level, the regulatory tasks performed in the Member States and, where necessary, to coordinate their action”. Article 1(2), Regulation (EC) No. 713/2009

Types of acts which ACER can adopt:

– Opinions and recommendations to: TSOs, NRAs, EP, Council, Commission.

– Individual decisions in specific cases (residual power)

ACER’s Main Areas of Activities:

– Opinions on the 10-Year EU-wide Network Development Plans

– Framework Guidelines for Network Codes

– Decisions on Terms and Conditions for Access to and Operational Security of Cross-border Infrastructure

– Decisions on TPA Exemptions

– NRA (National Regulatory Activities) Support

– Market Monitoring

ACER Support to NRAs:

– Promotion of Cooperation (even beyond the areas of ACER remit)

– Sharing of Best Practices

– Interpretation of Guidelines

– Peer Review

– Specific Decisions

ACER Work Programme for 2011

– Opinion on ENTSO Statutes, List of members and Rules of Procedures

– Opinion on ENTSO Work Programme

– Framework Guidelines

o Electricity

§ Capacity allocation and congestion management

§ Grid connection

§ System Operation

§ Balancing

o Gas

§ Capacity allocation mechanisms

§ Balancing rules

§ Harmonised transmission tariff structures (*)

§ Interoperability

– ITC Compensation

– Monitoring of the Internal Market