The legal and

procedural framework
of ACER

Energy Law Summer School

Ljubljana, 12 September 2024

Ernst Tremmel, Senior Legal Officer

The views expressed in this presentation are
strictly personal. They do not bind ACER and
do not necessarily reflect the official position of
ACER.
 Outline

1. Establishment, status, mission, governance

2. Rulemaking
3. Enforcement

2
1. Establishment, status, mission,
governance

3
 1. Establishment
Liberalisation of the national energy markets and creation of the internal energy market rests on a framework where NRAs play a key role
1st Package 2nd Package 3rd Package Clean Energy Measures linked
Fit for 55
“First common rules “Speeding up “EU-wide Institutional & Package (CEP) to high energy
Package
for the internal market liberalisation and market Regulatory Framework” “More robust EU prices and the
“Ensuring that
and liberalisation” integration” Harmonised cross- Framework” war in Ukraine
EU policies are in
Partial liberalisation Full market opening; border rules; Enhanced energy Repower EU;
line with the EU
establishment of NRAs strengthened NRAs’ market design; emergency
climate goals”
independent from independence & powers; reinforced ACER & measures,
Decarbonisation,
industry; legal & establishment of ACER & ENTSOs’ roles; e.g. LNG price
H2
functional unbundling ENTSOs; reinforced strengthened assessment &
unbundling regulatory oversight; benchmark,
creation of RCCs and market correction
EU DSO entity; mechanism;
emphasis on (longer term)
consumers electricity market
EMD-
design revision
Reform
REMIT II
H2/gas
1996 1998 2003 2005 2009 2019 2021 2022 - 2024

2000 2003 2011 2013

CEER
ERGEG
ACER
Regulation (EC) No 713/2009 4
Regulation (EU) 2019/942
 1. Status

 decentralised agency of the European

Union
 EU body with legal personality, distinct from
the EU institutions, but accountable to them;
governed by EU public law
 seat (Ljubljana, Slovenia): defined by law
 financed from EU budget and REMIT
market participant fees

5
 1. Mission - overview
fostering fully integrated EU markets for electricity & gas and cooperation of NRAs of
EU Member States
ACER’s mission 2009 ACER’s mission 2019
• assist NRAs in exercising, at Union level, the • assist NRAs in exercising, at Union level, the
regulatory tasks performed in the Member States regulatory tasks performed in the Member States
and, where necessary, to coordinate their action and, where necessary, to coordinate their action
• mediate and settle disagreements between NRAs
• contribute to the establishment of high-quality
common regulatory and supervisory practices,
contributing to the consistent, efficient and effective
application of EU legal acts to achieve the EU’s
climate and energy goals
• act independently, objectively, and in the
interest of the Union
• take autonomous decisions, independently of
private and corporate interests
6
 1. Mission – activities & tools

Monitoring
Reports

Opinions

Recommendations
Cooperation Rulemaking
Framework Guidelines

Decisions (individual)

Advising
7
 Organisation
1. Governance

ACER is different Unlike the ‘Common approach’: no Management

Board with comprehensive decision-making powers

Administrative Board of Board of

Board Regulators Appeal
(AB) (BoR) (BoA)

Working
groups
(WGs)

Staff Director

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 1. Governance – Director

Director
Director
 formal head, represents and manages the agency; 5 (+5) years
 is in charge of the day-to-day management
 prepares, adopts and publishes ACER opinions, recommendations and
decisions (subject to a favourable BoR opinion where required)
 prepares the draft work programme and the draft annual activity report, and
implements the work programme
 prepares the draft budget and implements the final budget
 must neither seek nor follow any instruction from any government, the Union
institutions, or any other public or private entity or person
 accountable to the AB re administrative/budgetary/managerial matters
 works on regulatory issues under the guidance of the BoR/subject to BoR
opinions 9
 1. Governance – AB

Administrative Board (AB)

 governing body, responsible for administrative, budgetary and institutional
matters
 9 members (+ 9 alternates) appointed by the Council, the Commission and
the European Parliament; 4 (+4) years
 non-voting: 1 member appointed by EEA EFTA States NRAs
 ensures that ACER carries out its mission in accordance with its founding
Regulation
 appoints the Director and the members of the BoR and BoA
 adopts ACER’s programming document and ACER’s annual activity report
 adopts ACER’s annual budget
 adopts rules of procedure (ACER decision-making; WGs; 3rd countries +
international organisations) 10
 1. Governance – BoR

Board ofRegulators
Board of Regulators (BoR)
(BoR)
 advisory and supervisory body for regulatory matters
 27 voting members (+27 alternates): 1 (+1) per EU Member State NRA; 2/3
majority
 non-voting: Commission, EEA EFTA States NRAs, EFTA Surveillance Authority
 observer: Director
 provides opinions to the Director for most ACER opinions/recommendations/
decisions
 provides an opinion to the AB on the Director candidate
 provides guidance to the Director and ACER’s WGs
 must act independently, not seek or follow instructions from governments, the
Commission, or public or private entities, without prejudice to its members
acting on behalf of their respective NRA 11
 1. Governance – WGs

Working groups (WGs)

 support the work of the Director and of the BoR on regulatory issues and in
particular review ACER opinions, recommendations and decisions before they
are submitted to the BoR for a favourable opinion
 experts from ACER’s staff and from NRAs’ staff; the Commission can
participate
 4 WGs (+ substructures):
 Electricity Working Group
 Gas Working Group
 ​Retail Market Working Group
 REMIT Committee
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 1. Governance – BoA

Boardof
Board ofAppeal
Appeal(BoA)
(BoA)
 internal review body, independent of ACER’s administrative and regulatory
structure
 6 members (+ 6 alternates) from current/former senior staff of NRAs,
competition authorities or other Union or national institutions; 5 (+5) years;
4-out-of-6 majority
 decides on appeals against ACER decisions
 confirms the decision or remits the case to the competent body of ACER
(typically the Director)
 its decisions can be challenged before the European Court of Justice, as
can be ACER decisions not appealable before the BoA and ACER’s failure
to act [26 General Court cases; 3 Court of Justice cases].
13
 1. Governance – 3rd countries’ relations

 3rd countries may participate in ACER’s work if they:

 concluded agreements with the Union
 adopted and are applying the relevant rules of Union law in the field of energy,
environment and competition.
 ACER may exercise its tasks (Articles 3 to 13 Reg. 2019/942; excluding
market monitoring) with regard to third countries if they also:
 mandated ACER to coordinate the activities of their NRAs with those of the EU
NRAs (only in such cases references to cross-border issues include Union-third
countries borders, and not just MS-MS borders)

14
 1. Governance – 3rd countries’ relations:
institutional implications

 EEA EFTA States:

 NRAs of the EEA EFTA States (Iceland, Liechtenstein and Norway) and the
EFTA Surveillance Authority have access to the Administrative Board, the Board
of Regulators, and the Working Groups (their substructures), as members
without the right to vote.
 Energy Community (EnC):
 Experts from the EnC Secretariat may participate in the Working Groups (and do
so in the AEWG and the AGWG).

15
 1. Governance - relevant actors

ENTSOs/ENNOH EU DSO Entity

European level

European Networks of EU Entity for distribution system

Transmission System operators ensures cooperation
Operators ensure effective at Union level to promote the
cooperation among TSOs (for optimal management and a
network rules and planning) for coordinated operation of
optimal management of the distribution and transmission
systems operation of distribution
transmission system.
and transmission systems.

RCCs
Regional level

Regional Coordination
Centres support regional
coordination of TSOs in a
number of areas, excluding
real time operation of the
electricity system

NRAs NEMOs
National level

TSOs
National regulatory Transmission system Nominated Electricity
authorities ensure a level- operators operate, Market Operators,
playing field, protect and maintain and develop designated by Member
empower customers, and the transmission States, perform single day-
contribute to the system. ahead and/or intraday
development of the 16
coupling.
internal energy market .

16 16
2. Rulemaking

17
 2. Energy law framework (abridged overview)
Art. 194 AEUV

Treaties

Reg. 2019/942 establishing an EU Agency for the Cooperation of Energy Regulators

Reg. 2019/943 on the internal market for electricity Reg. 2024/1789 on the internal markets for renewable
gas, natural gas and hydrogen
Dir. 2019/944 on common rules for the internal
Legislative Acts market for electricity Dir. 2024/1788 on common rules for the internal markets
for renewable gas, natural gas and hydrogen

Reg. 1227/2011 on wholesale energy market integrity

and transparency

COM Reg. 2016/631 establishing a network code (NC) on requirements for grid connection of generators
COM Reg. 2016/1388 establishing a NC code on demand connection
Delegated/
Implementing COM Reg. 2024/1366 establishing a NC on sector-specific rules for cybersecurity aspects of cross-border electricity flows
Acts
COM Reg. 2015/1222 establishing a guideline (GL) on capacity allocation and congestion management
COM Reg. 2016/1719 establishing a GL on forward capacity allocation Terms & conditions
or methodologies
COM Reg. 2017/1485 establishing a GL on electricity transmission system operation
COM Reg. 2017/2195 establishing a GL on electricity balancing

Decisions on cross-border regulatory issues 18

 2. Framework Guidelines - Network Codes/Guidelines

Art. 59 (61) Reg. 2019/943

Drafting Committee

1. EC defines the 4. EC requests from

priorities for the ENTSO-E/EU-DSO to 5. ENTSO-E/EU-DSO
submit the network code 7. EC adopts the NC
network codes submits the NC to ACER
to ACER

Not exceeding 6 Not exceeding 12

Within 6 months
months months

2. EC requests from 6. ACER revises the

3. ACER submits the
ACER to submit the proposed NC and
FG to the EC
FG submits it to the EC

Consultation of no less than 2 months Consultation Consultation

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 2. Terms & conditions or methodologies

TSOs/NEMOs propose to
TSO/NEMOs develop
amend the approved
TCM, on own initiative or
EU-wide ACER
draft proposal
upon request of
ACER/NRAs/NRA

ACER/NRAs/NRA
TSOs/NEMOs hold public
decide(s) on the proposal regional 1. NRAs 2. ACER
[in case of NRAs‘ joint • NRAs fail to agree within deadline
consultation
competence: after • NRAs jointly request ACER
reaching an agreement] • Director or BoR require referral,
due to impact on the internal
energy market or security of
supply beyond the region

TSOs/NEMOs submit ACER/NRAs/NRA may

proposal for approval to request submission of an national NRA
competent regulatory amended proposal and/or
entity/entities amend the proposal

20
 2. Art. 41 EU Charter of Fundamental Rights
Right to good administration
1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable
time by the institutions, bodies, offices and agencies of the Union.
2. This right includes:
(a) the right of every person to be heard, before any individual measure which would affect him or her
adversely is taken;
(b) the right of every person to have access to his or her file, while respecting the legitimate interests of
confidentiality and of professional and business secrecy;
(c) the obligation of the administration to give reasons for its decisions (cf. Article 296 TFEU).
3. Every person has the right to have the Union make good any damage caused by its institutions or by its
servants in the performance of their duties, in accordance with the general principles common to the
laws of the Member States (cf. Article 340 TFEU).
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must
have an answer in the same language (cf. Article 20(2)(d) TFEU).

21
 2. Art. 14 Reg. 2019/942

Consultation Transparency Procedural safeguards

• In carrying out its tasks, in particular in the • ACER shall ensure that the public and any • ACER shall adopt and publish adequate and
process of developing framework guidelines in interested parties are, where appropriate, given proportionate rules of procedure in accordance
accordance with Article 59 of Regulation objective, reliable and easily accessible with the procedure set out in point (t) of Article
(EU) 2019/943 or Articles 71 and 72 of information, in particular with regard to the 19(1). Those rules shall include provisions which
Regulation (EU) 2024/1789, and in the process results of its work. All documents and minutes of ensure a transparent and reasonable decision-
of proposing amendments of network codes consultation meetings conducted during the making process guaranteeing fundamental
under Article 60 of Regulation (EU) 2019/943 or development of framework guidelines in procedural rights based on the rule of law,
Article 73 of Regulation (EU) 2024/1789. ACER accordance with Article 59 of Regulation (EU) including the right to be heard, rules on access
shall, extensively consult at an early stage 2019/943 or Article 6 of Regulation (EC) No to files and the standards specified in
market participants, transmission system 715/2009, or during the amendment of network paragraphs 6, 7 and 8.
operators, hydrogen transmission network codes referred to in paragraph 1 shall be made
public. • Before taking any individual decision as
operators, consumers, end-users and, where provided for in this Regulation, ACER shall
relevant, competition authorities, without • Before adopting framework guidelines, or inform any party concerned of its intention to
prejudice to their respective competence, in an proposing amendments to network codes as adopt that decision, and shall set a time limit
open and transparent manner, in particular when referred to in paragraph 1, ACER shall indicate within which the party concerned may express
its tasks concern transmission system operators how the observations received during the its views on the matter, taking full account of the
and hydrogen transmission network operators. consultation have been taken into account and urgency, complexity and potential consequences
shall provide reasons where those observations of the matter.
have not been followed.
• Individual decisions of ACER shall state the
• ACER shall make public, on its own website, at reasons on which they are based for the
least the agenda, the background documents purpose of allowing an appeal on the merits.
and, where appropriate, the minutes of the
meetings of the Administrative Board, of the • The parties concerned by individual decisions
Board of Regulators and of the Board of Appeal. shall be informed of the legal remedies available
under this Regulation.

AB Decision No 19/2019 on ACER RoP

22
 Decision making procedure

2. Decisions – regular procedure

Art. 14(5) Reg. 2019/942; AB Decision No 19/2019 on ACER RoP

•Where •Where required

required

23
 Decision making procedure

2. Decisions - internal process (with AWG/BoR*)

*For draft decisions, opinions, and recommendations
Art. 24(2) Reg. 2019/942 Deadline for Director to submitted for a BoR opinion pursuant to Article 24(2)
table proposals for the Deadline to submit
BoR (latest 5 working compromise
Reg. 2019/942
BoR FO
days before deadline to amendment(s) 2
Director sends submit BoR working days before Adoption and
proposal* to AWG documents) BoR publication

A
1 week 5 working days 1 week
AWG considers
Director’s
Director
takes AWG
O
proposal** comments Deadline for BoR
submission of documents:
R After the BoR
into account
**In exceptional and duly 1 week ahead of the
justified circumstances and Director takes amendments
BoR*** into account, provides written
upon the agreement of the
AWG Chairperson, the reasoning in case of deviation
Director may request the AWG BoR deadline to submit BoR adopts from proposed amendment(s) BoR
to provide its advice/ proposed FO
comments within a shorter
amendments
amendment(s)****
period. Director tables revised
***Exceptionally, it may be proposal at upcoming
necessary to submit documents

AWG deadline to
closer to the meeting date. Such
late submission will be subject to
meeting or through an
electronic procedure of 3 O
working days
provide advice and
justification and prior approval of the
R
OR
Chair.
report within one week
to the Director and BoR ****Tabled in writing by a member No BoR
one week before the BoR meeting FO
and may be accompanied by a Director withdraws
proposal (restart
short justification.
at A)

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 2. Administrative/judicial review
Art. 28 Reg. 2019/942; BoA RoP Art. 29 Reg. 2019/942
• (individual) decisions referred to in • decisions and failures to act within time
Art. 2(d) Reg. 2019/942 limits
• natural/legal persons, including • after exhaustion of the appeal
NRAs, addressed or directly and procedure
individually concerned

ACER Court of
Board of
Justice of
(Director) Appeal
the EU
confirms the decision or remits dismisses the action for
the case to the competent body annulment/failure to act, or annuls the
of ACER. decision/finds a failure to act.
• The competent body of ACER is • ACER must take the necessary measures
bound by the BoA decision. to comply with the judgements.

25
 2. Administrative/judical review

ACER Court of Justice

Board of Appeal
(Director) of the EU

T-735/18 & C-46/21 P, Aquind Art. 58a Statute of the CJEU:

An appeal brought against a decision of the
Scope of review:
General Court concerning a decision of an
- whether the arguments and evidence independent board of appeal of one of the
put forward by the appellant are following bodies, offices and agencies of the
capable of demonstrating the Union shall not proceed unless the Court of
existence of an error affecting the Justice first decides that it should be allowed to
contested decision do so:
- no ‘de novo’ examination ...
(e) the European Union Agency for the
Intensity of review: Cooperation of Energy Regulators;
- whether the considerations on which …
ACER’s decision is based are vitiated An appeal shall be allowed to proceed, wholly or
by error (also with regard to complex in part, in accordance with the detailed rules set
technical/economic matters) out in the Rules of Procedure, where it raises an
- no limited review of manifest errors of issue that is significant with respect to the
assessment (of complex technical and unity, consistency or development of Union
economic matters). law. 26
 Decision making procedure

2. External dimension – EEA EFTA

Iceland, Liechtenstein, Norway
EEA Joint Committee Decision No 93/2017 of 5 May 2017
(i) In cases involving one or more EFTA States the EFTA Surveillance Authority shall adopt a decision addressed to the national
regulatory authorities of the concerned EFTA State(s). [EFTA Court]
(ii) ACER shall have the right to participate fully in the work of the EFTA Surveillance Authority and its preparatory bodies, when the EFTA
Surveillance Authority carries out, as regards the EFTA States, the functions of ACER as provided for in this Agreement, but shall not
have the right to vote.
(iii) The EFTA Surveillance Authority shall have the right to participate fully in the work of ACER and its preparatory bodies, but shall not
have the right to vote.
(iv) ACER and the EFTA Surveillance Authority shall cooperate closely when adopting decisions, opinions and recommendations.
Decisions by the EFTA Surveillance Authority shall, without undue delay, be adopted on the basis of drafts prepared by ACER at its
own initiative or at the request of the EFTA Surveillance Authority.
When preparing a draft for the EFTA Surveillance Authority in accordance with this Directive, ACER shall inform the EFTA Surveillance
Authority. The latter shall set a time limit within which the national regulatory authorities of the EFTA States shall be allowed to express
their views on the matter, taking full account of the urgency, complexity and potential consequences of the matter.
National regulatory authorities of the EFTA States may request the EFTA Surveillance Authority to reconsider its decision. The EFTA
Surveillance Authority shall forward this request to ACER. In that case ACER shall consider preparing a new draft for the EFTA
Surveillance Authority and reply without undue delay.
Where ACER amends, suspends or withdraws any decision parallel to the decision adopted by the EFTA Surveillance Authority, the
Agency shall, without undue delay, prepare a draft to the same effect for the EFTA Surveillance Authority.

27
 Decision making procedure

2. External dimension - EnC

Albania, Bosnia and Herzegovina, Kosovo*, North Macedonia, Georgia, Moldova, Montenegro, Serbia and Ukraine
EnC Ministerial Council Decision 2022/03/MC-EnC
in situations affecting at least one Contracting Party and one Member State of the European Union, … covering the territories
referred to in Article 27 of the Treaty, …
EnC Ministerial Council Procedural Act 2022/PA/01/MC-EnC of 15 December 2022
(1) Where a Decision adopted by the Ministerial Council under both Title ll (with the exception of Articles 18 and 19) and Title lll of the Treaty
refers to the present Article, ACER shall:
(a) provide opinions and recommendations to energy sector stakeholders of both Contracting Parties and Member States of the European
Union covering the territories referred to in Article 27 of the Treaty, as well as to the Secretariat and the European Commission;
(b) adopt individual decisions binding on energy sector stakeholders of both Contracting Parties and Member States of the
European Union covering the territories referred to in Article 27 of the Treaty;
(c) carry out any other tasks assigned to it by the Decision in question.
(2) Before adopting a decision in the circumstances referred to in point b), ACER shall consult the Regulatory Board at least three
weeks in advance, unless the Decision in question provides for a different consultation period. For the purpose of this consultation, ACER
and the Regulatory Board shall set up a joint working group. ln case the Regulatory Board cannot reach an opinion, it shall forward a
summary of its deliberations to ACER immediately.
(3) For the purpose of this Procedural Act, ACER shall act independently, objectively, and in the interest of the Energy Community as a
whole.
(4) Decisions adopted by ACER pursuant to this Article shall be open to appeals pursuant to Article 28 of Regulation (EU) 2019/942 and
the remedies available under European Union law. Non-compliance with a final decision by ACER shall be considered a failure by the
Party concerned to implement a Decision addressed to it within the meaning of Article 1 of Procedural Act No 2008/01/MC-EnC.
28
 Quiz
Who has the final say on the content of an ACER decision?

a) ACER Director
b) ACER Board of Regulators (BoR)
c) other

29
3. Enforcement

30
 3. General

In the absence of a specific delegation of enforcement powers to EU

institutions or bodies, Member States are responsible for enforcing
EU law and the acts taken thereunder.

In the absence of EU rules, the enforcement of EU acts is governed

by national substantive and procedural law, subject to the principle
of equivalence (no less favourable than the rules governing similar
breaches of national law) and the principle of effectiveness (i.e. not
render virtually impossible or excessively difficult)

31
 3. Electricity (+Gas)

Art. 59 Dir. 2019/944:

1. The regulatory authority shall have the following duties:
[…]
(b) ensuring the compliance of transmission system operators and distribution system operators and,
where relevant, system owners, as well as the compliance of any electricity undertakings and other
market participants, with their obligations under this Directive, Regulation (EU) 2019/943, the network
codes and the guidelines adopted pursuant to Articles 59, 60 and 61 of Regulation (EU) 2019/943, and
other relevant Union law, including as regards cross-border issues, as well as with ACER's decisions;
[…]
(g) complying with, and implementing, any relevant legally binding decisions of the Commission and of
ACER;

32
 3. Electricity (+Gas)

Art. 59 Dir. 2019/944:

3. […] For this purpose, the regulatory authority shall have at least the following powers:
(a) to issue binding decisions on electricity undertakings;
(b) to carry out investigations into the functioning of the electricity markets, and to decide upon and
impose any necessary and proportionate measures to promote effective competition and ensure the
proper functioning of the market. […];
(c) to require any information from electricity undertakings relevant for the fulfilment of its tasks […];
(d) to impose effective, proportionate and dissuasive penalties on electricity undertakings not complying
with their obligations under this Directive, Regulation (EU) 2019/943 or any relevant legally binding
decisions of the regulatory authority or of ACER, or to propose that a competent court impose such
penalties, including the power to impose or propose the imposition of penalties of up to 10 % of the
annual turnover of the transmission system operator on the transmission system operator or of up to 10
% of the annual turnover of the vertically integrated undertaking on the vertically integrated undertaking,
as the case may be, for non-compliance with their respective obligations pursuant to this Directive;

33
 3. ENTSOs/ENNOH/EU DSO Entity/RCCs
Art. 4 Reg. 2019/942:
6. The relevant regulatory authorities shall coordinate in order to jointly identify whether there is non-compliance of the
ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or regional coordination centres with their
obligations under Union law, and shall take appropriate action in accordance with Article 59(1), point (c), and Article
62(1), point (f), of Directive (EU) 2019/944 or with Article 78(1), point (e), of Directive (EU) 2024/1788 of the European
Parliament and of the Council.
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.
7. Where a reasoned opinion of ACER identifies a case of potential non-compliance of the ENTSO for Electricity, the
ENTSO for Gas, the ENNOH, the EU DSO entity or a regional coordination centre with their respective obligations, the
regulatory authorities concerned shall unanimously take coordinated decisions establishing whether there is non-
compliance with the relevant obligations and, where applicable, determining the measures to be taken by the ENTSO
for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or the regional coordination centre to remedy that
non-compliance. Where the regulatory authorities fail to take such coordinated decisions unanimously within four
months of the date of receipt of ACER’s reasoned opinion, the matter shall be referred to ACER for a decision pursuant
to Article 6(10).
8. Where the non-compliance by the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or a
regional coordination centre that was identified pursuant to paragraph 6 or 7 of this Article has not been remedied within
three months, or where the regulatory authority in the Member State in which the entity has its seat has not taken action
to ensure compliance, ACER shall issue a recommendation to the regulatory authority to take action in accordance with
Article 59(1), point (c), and Article 62(1), point (f), of Directive (EU) 2019/944 or with Article 78(1), point (f), of Directive
(EU) 2024/1788, in order to ensure that the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity
or the regional coordination centre comply with their obligations, and shall inform the Commission.
34
 3. REMIT

Art. 13 et seqq. Reg. 1227/2011 as amended by Reg. 2024/1106:

• ACER shall pursue and coordinate investigations pursuant to Art. 13 to 13c and Art. 16, i.e.
o order on-site inspections (Art. 13a(6));
o request information (Art. 13b(2)).

• ACER shall impose periodic penalty payments in the cases of Art. 13g, i.e. to compel a person to:
o submit to an on-site inspection ordered by a decision;
o supply the information requested by a decision.

• ACER decisions ordering on-site inspections, requesting information or imposing periodic penalty
payments are subject to the jurisdiction of the Court of Justice (not the BoA).

35
 Quiz
What can ACER do if the addressees of its decision do not
comply with the decision?

a) ACER can enforce the decision.

b) ACER can ask NRAs to enforce the decision.
c) ACER can ask the European Commission to enforce the decision.

36
Thank you.
Looking forward to the discussion.

E: [email protected]

[email protected] @eu_acer
acer.europa.eu linkedin.com/company/EU-ACER/