ACER Board of Appeal adopted the Rules of Organisation and Procedure for appeals in 2019. These Rules (last amended in November 2023) establish the framework for the appeal process, ensuring efficient decision-making and upholding the procedural rights of the parties involved.
To support parties acting in compliance with the legal requirements and prepare their appeals in the most effective way, the Board of Appeal has adopted Practice Directions and a set of templates(cover sheet with general information, table of annexes, confidentiality request, announcement of appeal and a checklist).
Whilst they are not compulsory, the Board recommends their use to avoid possible delays or declarations of inadmissibility.
The Board of Appeal has also adopted Instructions to the Registrar which can be found in the box below.
The relationship of the Board of Appeal and the Agency in administrative terms is governed by the Administrative Arrangement.
The ACER Regulation grants ACER the authority to make individual decisions and establishes a Board of Appeal to handle appeals against specific decisions, outlined in Article 2(d). These include decisions related to:
requests for information;
approval of methodologies;
terms and conditions;
infrastructure; and
some aspects of wholesale market integrity and transparency.
Any natural or legal person may appeal an ACER decision that is addressed to them or is of direct and individual concern to them.
The Board of Appeal operates as an independent body to address complaints lodged against ACER decisions. It examines whether the appeal is valid and can either confirm ACER’s decision or remit the case back to the competent ACER body for further action.
Decisions taken by the Board of Appeal may as well be appealed before the Court of Justice of the European Union.
Board of Appeal
Composition and Independence
The Board of Appeal is part of ACER but at the same time independent from its administrative and regulatory structure. It is essential that members and alternates act independently and in the public interest.
The Board of Appeal is composed by six members and six alternates for a mandate of 5 years (renewable once).
Members and alternates are selected among current or former senior staff of the national regulatory authorities (NRAs), competition authorities or other national or EU institutions with relevant experience in the energy sector.
The Board designates its Chair and Vice-Chair from among its members. The Chair is responsible for presiding and allocating appeal proceedings, while the Vice-Chair steps in for the Chair in case of unavailability.
Board of Appeal
Registry of the Board of Appeal
To ensure the Board of Appeal operates smoothly and efficiently, a Registry has been established. The Registry supports the Board by managing the appeal process, handling correspondence and maintaining case files.
A word from Volker on his appointment as ACER Director ad interim (from 16 October 2025):
“I am honoured to be entrusted with leading ACER through this interim period from 16 October 2025 until the new Director is recruited. My main goal in the coming months is to ensure that the Agency continues to deliver on its mandate so that this transition is a time of consolidation - steadying the ship and preparing a solid foundation for the future.”
- Volker Zuleger -
ACER Director
Who is the ACER Director and what is the role of the Director?
ACER is managed and represented by its Director.
The Director’s term of office is five years. It may be prolonged by the Administrative Board once only, for a further five years.
Mr Volker Zuleger was appointed Director ad interim of ACER, following a decision by the Agency’s Administrative Board on 12 September. He took over as Director ad interim from 16 October 2025, ensuring the continuity of the service and the proper running of the Agency. He succeeds Mr Christian Zinglersen, who vacated the ACER Director post on 15 October to take up a new position elsewhere.
The Director represents the Agency vis-à-vis external stakeholders and ensures its internal functioning.
He adopts and publishes the official acts (opinions, recommendations and decisions), receiving a favourable opinion from the Board of Regulators.
He is responsible for drafting the annual work programme of the Agency and implementing it under the guidance of the Board of Regulators and the administrative control of the Administrative Board. The Director also draws up a preliminary draft budget and implements the Agency's approved budget.
ACER Director
ACER Director's bio & photos
Download high resolution photos of the ACER Director ad interim, Volker Zuleger:
The Annual Work programme contains ACER's multi-annual outlook, priorities and strategies.
It is prepared by the Director and adopted by the Administrative Board.
Work programme
The adoption process
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Before its adoption, the Administrative Board consults the European Commission and must receive a favourable opinion from the Board of Regulators on the regulatory outline.
After the adoption, the Administrative Board transmits the Work programme to the European Parliament, the Council of the European Union and the Commission.
Every year ACER produces a Consolidated Annual Activity Report (CAAR) describing the activities performed and the objectives achieved during the year, as indicated in the Work Programme.
Our perspective is European. Our overall purpose is to achieve a transition of the European energy system in line with political objectives set, reaping benefits of increased energy market integration across Europe, and securing low-carbon supply at least possible cost for European businesses and citizens.
ACER fosters a fully integrated and well-functioning Internal Energy Market, where electricity and gas are traded and supplied according to the highest integrity and transparency standards, so that EU consumers can benefit from a wider choice, fair prices and greater protection.
To achieve this, we work closely with the European Institutions, National Regulatory Authorities (NRAs), national governments and market players.
Over time, the Agency received additional tasks and responsibilities to better pursue the integration of the European internal energy market. With the latest provisions adopted in the Clean Energy Package (2019), the Agency has also further strengthened its responsibilities on the coordination with NRAs and cross-border cooperation.
Supporting the integration of the EU national energy markets, by developing common network and market rules, coordinating NRAs at European level, as well as by taking part in regional and cross-regional initiatives and organising working groups.
Monitoring the well-functioning and transparency of the EU internal energy market, in order to deter market manipulation and abusive behaviour. Since late 2011, the Agency has the specific mandate of overseeing wholesale energy trading.
Advising the EU Institutions on trans-European energy infrastructural issues. ACER also monitors the work of the European Networks of Transmission System Operators for gas and electricity (ENTSOG and ENTSO-E); issuing opinions on their EU-wide network development plans (TYNDP) and ensuring that these are aligned with the priorities set at European level.
To progress on these activities, the Agency can issue:
non-binding opinions and recommendations to NRAs, transmission system operators (TSOs), and the EU institutions;
binding individual decisions in specific cases and conditions about cross-border infrastructural issues;
draft framework guidelines (as in the case of network codes), on request of the European Commission.
ACER’s Strategy Delivery & Communications team and the Human Resources and Facilities team report directly to the ACER Director and play a central role in providing key support functions to the whole Agency in fulfilling its mandate, objectives and goals.
ACER is mandated by REMIT to monitor the trading activity of wholesale energy products to detect and prevent market manipulation and trading based on inside information. ACER also collects data to assess and monitor the wholesale energy markets.
The European Commission's Implementing Regulation (2014), provide specifications on how ACER should collect the data, the data reporting obligations, as well as the timeline of implementation.
At ACER, the data collection process is managed by the Market Information and Transparency (MIT) department, and is based on five pillars:
Registration of market participants
Registration of reporting parties
Data reporting management
Data quality analysis of collected data
Inside Information collection and disclosure
Data Collection at ACER
The data collection process started on 7 October 2015, following this implementation timeline:
Adoption of REMIT (25 Oct 2011)
Adoption of REMIT Implementing Regulation (17 Dec 2014)
Entry into force of REMIT Implementing Regulation (7 Jan 2015)
Start of RRM registration (8 Jan 2015) with publications of Manual of Procedures on Data Reporting, RRM requirements, List of OMPs and TRUM
Start of MP registration (17 Mar 2015) with publications of European Register of Market Participants and List of Standard Contracts
Start of data collection of OMP contracts and ENTSO’s fundamental data (7 Oct 2015)
End of backloading of outstanding OMP contracts (5 Jan 2016)
Start of data collection of all reportable trade and all fundamental data (7 Apr 2016)
End of backloading of outstanding OTC standard, OTC non-standard and transportation contracts (6 Jul 2016)
Start of collection of inside information web feeds (2017).
Since January 2015, ACER has been regularly publishing and updating three reference data lists:
In an integrated energy system, network planning and operation are carried out via a holistic approach for both large-scale and local infrastructures. This includes all the energy carriers (electricity, gas, blended, hydrogen, CO2, heating, district energy, liquid fuels) and would cover a longer timeframe than the ten years required by the current networkplanning.
Such integrated approach is generally missing in the current energy market design and regulatory framework, with only few exceptions:
The “Recast Renewable Energy Directive" (2018) establishes that Member States require electricity distribution system operators to assess at least every four years, in cooperation with the local heating or cooling operators, the potential for district heating or cooling systems to provide balancing and other system services and whether this would be more resource and cost efficient than alternative solutions.
The “Recast Electricity Directive" (2019) has established the obligation for TSOs to consider alternatives to network expansion such as energy storage installations, including power-to-gas facilities. It has also established specific and exceptional conditions for Member States to grant their electricity TSOs the possibility to develop, manage, or operate energy storage facilities while the current gas regulatory framework does not allow it.
Network planning and operation: a holistic approach
ACER and CEER highlighted the importance of precluding network operators from investing in potentially competitive activities and open to the possibility of granting limited exemptions to invest in market assets to get the market started, following a careful analysis of cost and benefits of the proposed investment and its impact on competition, with some requirements and restrictions to avoid any market abusive behaviours.
The European Commission Communication Powering a climate-neutral economy: An EU Strategy for Energy System Integrationconsiders a new and holistic approach to infrastructure planning and operation as a key driver for decarbonisation via energy system integration. This would be achieved by, among others, reviewing the scope and governance of the Ten Years National Development Plan, as well as of the TEN-E and TEN-T regulations to support a more integrated energy system, the acceleration of investments in renewable-based district heating and cooling networks.
