Explanatory Memorandum to COM(2023)682 - Involvement of the EU Agency for the Cooperation of Energy Regulators in the implementation of electricity network codes and guidelines adopted as delegated acts

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

pursuant to Articles 5(5) and 6(10) of Regulation (EU) 2019/942 on the involvement
of the European Union Agency for the Cooperation of Energy Regulators in the implementation of electricity network codes and guidelines adopted as delegated acts

Pursuant to Article 5(5) of Regulation (EU) 2019/942, by 31 October 2023, and every three years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the involvement of the European Union Agency for the Cooperation of Energy Regulators (ACER) in the development and adoption of terms and conditions or methodologies for the implementation of network codes and guidelines adopted as delegated acts after 4 July 2019. Where appropriate, the report shall be accompanied by a legislative proposal to transfer or modify the necessary powers to ACER.

Pursuant to Article 6(10) of Regulation (EU) 2019/942, by 31 October 2023, and every three years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the possible need to further enhance ACER's involvement in solving cases of disagreement between regulatory authorities concerning joint decisions on matters for which the competences were conferred on those regulatory authorities by a delegated act after 4 July 2019. Where appropriate, the report shall be accompanied by a legislative proposal to modify such powers or to transfer the necessary powers to ACER.

Up to now no network codes or guidelines have been adopted as delegated acts. At the moment there is therefore no experience the Commission could report on or draw conclusions from.

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