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Commission’s Proposal for the empowering of the National Regulators and the Agency for the Cooperation of Energy Regulat

Commission’s Proposal for the empowering of the National Regulators and the Agency for the Cooperation of Energy Regulators (ACER ). Alexia Trokoudi Head Legal Dept. R.A.E. The need for the foundation of Acer in order to provide a secure and reliable system and energy efficiency.

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Commission’s Proposal for the empowering of the National Regulators and the Agency for the Cooperation of Energy Regulat

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  1. Commission’s Proposal for the empowering of the National Regulators and the Agency for the Cooperation of Energy Regulators (ACER ) Alexia Trokoudi Head Legal Dept. R.A.E.

  2. The need for the foundation of Acer in order to provide a secure and reliable system and energy efficiency • The lack of the binding character of the decisions of the National Regulators (the final decision remains to the Government) • The lack of the independence character of the function of the National Regulators (legal personality, budgetary autonomy, adequate human and financial resources) • National Regulatory Authorities are not authorized to approve transmission, distribution tariffs and electricity or gas release programmes (in cooperation with NCAs), or impose effective sanctions • The inability of the European Regulatory Authorities to cooperate closely and take decisions on cross-border issues in order to succeed a rapid and functional interconnecting system

  3. Acer: A Community Body With Legal Personality • Provides a framework for national regulators to cooperate: Acer sets the mechanism for the cooperation between the Regulators. • Monitors and reviews the activities of the TSO’s for electricity and gas: Acer estimates the investment plans, the technical and market codes • Individual decision powers: Acer decides on exemption requests and on common trustees for all transmission operators. • General advisory role: Acer issues guidelines

  4. The position of CEER and ERGEG: The Commission’s proposals on the Acer need certain improvement • Institutional and constitutional issues on national level may prevent the satisfactory role of Acer. • Acer has powers limited to the resolution of disputes and compliance issues between national regulators. • Decisions relating to the development, maintenance and operation of the Grid is passed to the ETSO’s and the Commission.

  5. ERGEG and Commission shall conclude to a common provision? • Since the Fall of 2007, when Commission announced the draft of the new directive, CEER, ERGEG, ETSO’s and the Commission negotiate the provisions for the role of the ACER according to the above mentioned conditions. • On the 17th of January 2008, the Commission’s representatives, in the EU Energy and Environment Law & Policy Conference, compromised that up to the end of June of 2008 a commonly acceptable solution shall be concluded

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