On Monday 18th October 2021, the EU Agency for the Cooperation of Energy Regulators (ACER) appointed its new Board of Appeal (BoA).

The Board of Appeal plays an important role dealing with complaints lodged against ACER decisions.

The BoA is composed by six members and six alternates. They have a mandate of 5 years, which can be renewed. Members and alternates are selected among senior staff of the national regulatory authorities, competition authorities or other national or EU institutions with relevant experience in the energy sector.​

Following its appointment, the BoA designated Dr Miro Prek as Chairperson, as well as Dr Andrea Biondi and Dr Piet Eeckhout as Vice-Chairpersons.

Dr Prek is an international legal expert and sustainability specialist and coach. Among the others, Dr Prek worked as judge (2006-2019) at the General Court of the European Union.

Dr Biondi is Professor of European Union Law and Director of the Centre of European Law at King’s College London.

Dr Eeckhout is Professor of EU Law, Dean of the University College London (UCL)’s Faculty of Laws, and Academic Director of the European Institute.

ACER also expresses its gratitude for the hard work of the past BoA’s members and alternates who completed their mandate this month. Their integrity, contributions and multidisciplinary expertise have been key in a period where the Agency’s decision-making powers have increased and market integration issues were at stake.

Find out more about the new members and alternates of ACER’s Board of Appeal.

On 24 July 2021 at 16:36 CET, due to a major incident in France, the transmission systems of Portugal and Spain, together with a small part of the French transmission system, were disconnected from the synchronous area Continental Europe for just over 30 minutes.

Based on preliminary data of transmission system operators (TSOs), the system separation is classified as a scale 2 or “extensive” incident as per ENTSO-E’s Incident Classification Scale (ICS).

According to the ICS Methodology, for scale 2 incidents, a final report shall be prepared by an Expert Panel, where relevant National Regulatory Authorities (NRAs) and the European Agency for the Cooperation of Energy Regulators (ACER) may be involved upon their request.

ENTSO-E has therefore set up an Expert Panel and has invited ACER and relevant NRAs to join it. The Expert Panel will first meet today, on 22 October.

The investigation of the Expert Panel will be based on the Interim Report that ENTSO-E is currently finalizing.  This Interim Report, which will be published on 12 November 2021, will contain the data, initial findings on the sequence of events and timeframes related to the incident. 

Expert Panel’s Final Report will have recommendations

The Expert Panel will prepare a Final Report, which shall describe the sequence of events and details of the transmission outages. It will also explain the causes and contain recommendations to prevent such incidents in the future.  The Expert Panel’s Final Report shall be published in first quarter of 2022.

ACER and ENTSO-E are committed to fulfilling their legal obligations specified in the System Operations Guideline and ICS Methodology. In line with the provisions of those documents, the Expert Panel will be chaired by a representative of a TSO not affected by the incident whilst all the members will contribute to the deliverables assigned on equal basis in order to ensure high quality and consistency of the final report.

ACER and ENTSO-E will continue together to provide timely information about the incident.

Access ACER-ENTSO-E Press Release.

Energy commodity prices have reached unprecedented high levels across Europe. Gas prices in October 2021 are 400% more expensive than in April 2021. Power prices have increased by 200% (driven mainly by the increase in gas prices). Governments are interested in identifying the key drivers and in determining if it is a temporary shock or a permanent shift. The answers to these issues will help inform their policy response.

Today, the EU Agency for the Cooperation of Energy Regulators (ACER) publishes a note providing data and insights on the recent high energy prices in Europe. ACER’s note on high energy prices:

• identifies the drivers and the impact on price levels across Europe;
• provides the dominant market outlook of how long it is likely to last;
• looks at certain market behaviours; and
• touches on some important policy considerations (both short term and longer term).

Why are energy prices so high and how long will it last?

While various factors have contributed to the high energy prices in Europe, the main driver is the surge in the price of natural gas, caused mainly by a tight global LNG market. Forward markets expect a significant drop in wholesale prices for gas and electricity in spring 2022. A key variable in the very near term is the upcoming winter and its implications for gas demand.

Policy considerations – short term and longer term

The European Commission’s is preparing  a “toolbox” of measures that national governments could use to respond to price hikes without endangering the functioning of EU wholesale markets. This note by ACER touches on a few select policy considerations related to this response, namely:

• disproportionate effects of high prices on vulnerable consumers and the possibility for Member States to mitigate this in the short term without unduly distorting fundamental market signals;
• the functioning and rationale of the current EU electricity market design vis-à-vis the current high prices;
• certain issues related to gas supply going forward such as possible joint purchasing of strategic gas reserves as well as possible obligations for gas storage; and
• longer term transition trajectories and the link to holistic policy.

Today’s energy price squeeze is a reminder of Europe’s still high-dependency on imported fossil gas and the inherent volatility of global commodity markets. It is also a reminder that a well-designed energy transition pathway going forward will rely on holistic policy that targets demand just as much as supply, focusing on both the short-term and the long-term. As such, Europe’s transition pathway will likely need to be a more “managed transition” in the years ahead with both government and regulatory monitoring playing a significant role.

See also the ACER Director’s presentation on Europe’s energy prices to Finance Ministers at the 4th October Eurogroup meeting.

ACER is gathering views and information regarding the proposal for the amendment of the methodology for pricing balancing energy and cross-border capacity used for the exchange of balancing energy or operating the imbalance netting process, which was submitted to ACER on 26 August 2021.

A public webinar will be held on 27  October 2021 on the same matter to present and discuss with stakeholders the proposal. 

The consultation will run until 10 November 2021, 23:59 hrs (CET).​

Access the Consultation.

Background

On 26 August 2021, all Transmission System Operators’ (TSOs) submitted to the European Union Agency for the Cooperation of Energy Regulators (ACER) their proposal for the amendment of the methodology for pricing balancing energy and cross-zonal capacity used for the exchange of balancing energy or operating the imbalance netting process in accordance with the EU Regulation establishing a guideline on electricity balancing .

Next steps

Having provided further amendments to the TSOs proposal, ACER is collecting comments from stakeholders in order to take an informed decision.

Top of the agenda of today’s Eurogroup meeting (4th October 2021) is the macro-economic situation in the euro area, including inflation and energy price developments. 

The Eurogroup is an informal body in which the Finance Ministers from the Eurozone discuss various euro-related matters concerning their countries' common responsibilities. Its main task is to ensure close coordination of economic policies among the euro area’s member states and promote conditions for stronger economic growth.

Mr Cristian Zinglersen, Director of the EU Agency for the Cooperation of Energy Regulators (ACER), was invited as a guest speaker today to update the Eurogroup on recent energy price developments. 

Among various topics, Mr Zinglersen addressed:

• the drivers of the energy price developments and impacts across Europe

• the outlook for the next six months, and

• policy considerations (short term, market design and broader energy transition pathways).

He explained that global gas (LNG) supply/demand dynamics play a key factor impacting energy prices, that the tight market conditions are expected to relax in Spring 2022, and that the policy implications are significant.

Register to ACER newsletter not to miss any updates on this topic.

In the meantime, check out the ACER Director’s slides.

The EU Agency for the Cooperation of Energy Regulators (ACER) has received on 26 August 2021 all transmission system operators (TSOs)’ proposal to amend the common methodology for harmonising the pricing balancing energy and cross-border capacity across the European electricity markets. The methodology is used for operating the exchange of balancing energy in the EU platforms or the imbalance netting process. The amendment proposes a reduction of the technical price limits of the integrated balancing energy markets. 

What are the next steps?

ACER will reach a decision on the proposal by 26 February 2022.

To take an informed decision, ACER will collect inputs by discussing with TSOs and National Regulatory Authorities (NRAs) in the course of the decision making process.

To collect inputs from all interested stakeholders, ACER will:

• open a public consultation from early October until early November 2021

• hold a public workshop (mid-October 2021)

What is the benefit of having a common pricing methodology for Europe?

The common pricing methodology for balancing energy and cross-border capacity provides the rules for the efficient and harmonised pricing of the balancing energy at European level, resulting from:

• bids activation

• cross-border capacity used for the exchange of balancing energy.

How does ACER contribute?

ACER ensures the decision on all-TSOs’ proposal is in line with the objectives of the Electricity Balancing Regulation and fulfils the legal obligations set out by its Article 30(2), as well as with those of the Regulation on the internal market for electricity.