The 2011 Work Programme of the Agency for the Cooperation of Energy Regulators (ACER) is Released

The Agency for the Cooperation of Energy Regulators (ACER) has made public on 23 September its 2011 Work Programme. The Agency, established by Regulation (EC) No. 713/2009 (OJ L 211, 14.08.2009) will become operational on 3 March 2011 with its headquarters located in Ljubljana, Slovenia (see previous post). The 2011 Work Programme will consequently guide ACER's action until December 2011.

The 2011 Work Programme focuses on the following areas (p.9):

1. Framework Guidelines for Network Codes, in the priority areas defined by the Commission, will be given the highest oriority, as they are in the critical path for the creation of the internal energy market;
2. Opinions on the compliance of Network Codes with the corresponding Framework Guidelines;
3. ACER's opinion on the draft statutes, list of members and draft rules of procedure of the ENTSOs, in order to allow these associations, which have a central role in developing Network Codes, to become fully operational;
4. Opinion on the 10-year network development plan, as greater cross-border capacity is key for a true internal energy market;
5. decisions on cross-border congestion management or TPA exemptions, upon the joint request of all the concerned NRAs or when these fail to reach an agreement.

These priorities reflect the strong emphasis on energy infrastructures that announces the forthcoming adoption of an Infrastructure Package in early 2011 by the European Commission. Network codes development, network development plans monitoring, decisionson cross-border capacity allocation and congestion management and TPA-exemptions for new infrastructures count indeed among the core functions of ACER.

From an administrtaive point of view, ACER will rapidly need to precise these core "monitoring functions". But other functions of the Agency will also need to be activated in relation to the development of the internal energy market. This will most probably take place in a second time although the first monitoring exercises should be carried out in 2011 with a "possible" completion of the first monitoring reports by the end of the year focusing on: the implementation of projects to create new interconnector capacity in electricity and gas; the level of compliance with electricity and gas regulation and related guidelines; the regional cooperation of electricity and gas TSOs; the compliance with consumer rights.

To be noted, the Work Programme contains in pages 6 to 8 a useful overview of ACER's tasks, the type of actions envisaged (opinion, monitoring, recommendation, draft guidelines, report, publication, information, consultation, decision) and the legal basis associated. A must-read for those who want to understand ACER's role.

In the mid-term, it will also be interesting to see how ACER envisages the parallel monitoring and development of guidelines for the gas and the electricity markets. The Work Programme announces a parallel track with the completion in 2011 of Framework Guidelines for Network Codes for both electricity (capacity allocation and congestion management; grid connection; operaational security) and for gas (capacity allocation mechanisms; balancing rules; harmonised transmission tariff structures; interoperability). (See p. 12)