Regulation 2009/713 - Agency for the Cooperation of Energy Regulators
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official title
Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy RegulatorsLegal instrument | Regulation |
---|---|
Number legal act | Regulation 2009/713 |
Original proposal | COM(2007)530 ![]() |
CELEX number97 | 32009R0713 |
Document | 13-07-2009; Date of signature |
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Publication in Official Journal | 14-08-2009; OJ L 211, 14.8.2009,Special edition in Croatian: Chapter 12 Volume 001 |
Effect | 03-09-2009; Entry into force Date pub. + 20 See Art 35.1 03-03-2011; Partial application See Art 35.2 |
End of validity | 03-07-2019; Repealed by 32019R0942 |
14.8.2009 |
EN |
Official Journal of the European Union |
L 211/1 |
REGULATION (EC) No 713/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
establishing an Agency for the Cooperation of Energy Regulators
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee (1),
Having regard to the Opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ highlighted the importance of completing the internal markets in electricity and natural gas. Improving the regulatory framework at Community level was identified as a key measure to achieve that objective. |
(2) |
An independent advisory group on electricity and gas, called the European Regulators Group for Electricity and Gas (ERGEG) was established by Commission Decision 2003/796/EC (4) to facilitate consultation, coordination and cooperation between the regulatory bodies in Member States, and between those bodies and the Commission, with a view to consolidating the internal markets in electricity and natural gas. That group is composed of representatives of the national regulatory authorities established pursuant to Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (5) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (6). |
(3) |
The work undertaken by the ERGEG since its establishment has made a positive contribution to the internal markets in electricity and natural gas. However, it is widely recognised by the sector, and has been proposed by the ERGEG itself, that voluntary cooperation between national regulatory authorities should now take place within a Community structure with clear competences and with the power to adopt individual regulatory decisions in a number of specific cases. |
(4) |
The European Council of 8 and 9 March 2007 invited the Commission to propose measures to set up an independent mechanism for national regulators to cooperate. |
(5) |
Тhe Member States should cooperate closely, eliminating obstacles to cross-border exchanges of electricity and natural gas with a view to achieving the objectives of Community energy policy. On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. An Agency for the Cooperation of Energy Regulators (the Agency) should be established in order to fill the regulatory gap at Community level and to contribute towards the effective functioning of the internal markets in electricity and natural gas. The Agency should also enable national regulatory authorities to enhance their cooperation at Community level and participate, on a mutual basis, in the exercise of Community-related functions. |
(6) |
The Agency should ensure that regulatory functions performed by the national regulatory authorities in accordance with Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity (7) and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (8) are properly coordinated and, where necessary, completed at the Community level. To that end, it is... |
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- 1.COM(2007) 1.
- 2.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 3.COM(2005) 59.
- 4.OJ C , , p. .
- 5.As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003
- 6.An organigram will be attached to the Explanatory Memorandum.
- 7.For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.
- 8.OJ C , , p. .
- 9.OJ C , , p. .
- 10.OJ C , , p. .
- 11.OJ C , , p. .
- 12.OJ L 296, 14.11.2003, p. 34.
- 13.OJ L 176, 15.07.2003, p. 37.
- 14.OJ L 176, 15.7.2003, p. 57.
- 15.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 16.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 17.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 18.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 19.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 20.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 21.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 22.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 23.COM(2005) 59.
- 24.COM(2005) 59.
- 25.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 26.COM(2007) 1.
- 27.COM(2007) 1.
- 28.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 29.For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.
- 30.COM(2007) 1.
- 31.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 32.COM(2005) 59.
- 33.As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003
- 34.COM(2007) 1.
- 35.OJ C , , p. .
- 36.For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.
- 37.As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003
- 38.COM(2007) 1.
- 39.OJ L 357, 31.12.2002, p. 72.
- 40.OJ L 248, 16.9.2002, p. 1.
- 41.OJ L 136, 31.5.1999, p. 1.
- 42.OJ L 136, 31.5.1999, p. 15.
- 43.OJ L 145, 31.5.2001, p. 43.
- 44.Including the second market opening Directives, the Regulations aimed at harmonising the technical standards necessary to make cross-border trade work in practice, and the Directives on security of supply.
- 45.Communication from the Commission to the European Parliament and the Council on prospects for the internal gas and electricity market - COM(2006) 841.
- 46.Communication from the Commission 'Sector Enquiry under Article 17 of Regulation (EC) No 1/2003 on the gas and electricity markets (final report)' - COM(2006) 851.
- 47.OJ C , , p. .
- 48.COM(2005) 59.
- 49.COM(2007) 1.
- 50.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 51.COM(2005) 59.
- 52.OJ C , , p. .
- 53.As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003
- 54.An organigram will be attached to the Explanatory Memorandum.
- 55.For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.
- 56.OJ C , , p. .
- 57.OJ C , , p. .
- 58.OJ C , , p. .
- 59.OJ C , , p. .
- 60.OJ L 296, 14.11.2003, p. 34.
- 61.OJ L 176, 15.07.2003, p. 37.
- 62.OJ L 176, 15.7.2003, p. 57.
- 63.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 64.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 65.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 66.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 67.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 68.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 69.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 70.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 71.COM(2005) 59.
- 72.COM(2005) 59.
- 73.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 74.COM(2007) 1.
- 75.COM(2007) 1.
- 76.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 77.For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.
- 78.COM(2007) 1.
- 79.The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines
- 80.COM(2005) 59.
- 81.As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003
- 82.COM(2007) 1.
- 83.OJ C , , p. .
- 84.For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.
- 85.As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003
- 86.COM(2007) 1.
- 87.OJ L 357, 31.12.2002, p. 72.
- 88.OJ L 248, 16.9.2002, p. 1.
- 89.OJ L 136, 31.5.1999, p. 1.
- 90.OJ L 136, 31.5.1999, p. 15.
- 91.OJ L 145, 31.5.2001, p. 43.
- 92.Including the second market opening Directives, the Regulations aimed at harmonising the technical standards necessary to make cross-border trade work in practice, and the Directives on security of supply.
- 93.Communication from the Commission to the European Parliament and the Council on prospects for the internal gas and electricity market - COM(2006) 841.
- 94.Communication from the Commission 'Sector Enquiry under Article 17 of Regulation (EC) No 1/2003 on the gas and electricity markets (final report)' - COM(2006) 851.
- 95.OJ C , , p. .
- 96.COM(2005) 59.
- 97.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 98.EUR-lex provides an overview of the proposal, amendments, citations and legality.