Extension of Territorial Competences of ACER’s in the Field of Electricity / Proširenje nadležnosti ACER u oblasti električne energije na prostor Zapadnog Balkana

Energija, ekonomija, ekologija, 4, XXVII (2025) (32-38 str.)

AUTOR(I) / AUTHOR(S):Branislava Lepotić Kovačević  

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DOI: https://doi.org/10.46793/EEE25-4.32L

SAŽETAK / ABSTRACT:

The European Union Agency for the Cooperation of Energy Regulators (ACER) is an EU institution established under Regulation (EC) No. 713/2009 to support national regulatory authorities in the energy sector across EU Member States. Regulation (EC) No. 713/2009 was subsequently repealed and replaced by Regulation (EU) 2019/942, which broadened ACER’s mandate by strengthening its regulatory role in energy market coupling and in the harmonisation of market functioning. This reform granted ACER jurisdiction over the national regulatory authorities of EU Member States. Following Decision No. 2022/03/MC-EnC of the Energy Community Ministerial Council, Regulation (EU) 2019/942 was adapted for implementation within the Energy Community. As a result, ACER was given jurisdiction over the Regulatory Board of the Energy Community and the regulatory authorities of its Contracting Parties. The adapted regulation also granted natural and legal persons within the Contracting Parties the right to initiate second-instance proceedings against ACER’s decisions, as well as to challenge ACER’s second-instance decisions before the Court of Justice of the European Union. This paper examines ACER’s competences, as an EU institution, within the Contracting Parties of the Energy Community in the field of electricity. It also analyses the mechanisms available for protecting the rights of natural and legal persons in the Contracting Parties affected by those decisions.

KLJUČNE REČI / KEYWORDS:

ACER, electricity market coupling, ACER competences, Energy Community, Court of Justice of the European Union

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