ACER

The Agency for the Cooperation of Energy Regulators (ACER) is the EU regulatory agency responsible for coordinating national energy regulatory authorities, reviewing pan-EU network code decisions, and issuing binding decisions when national regulators cannot agree. It is the primary EU body overseeing electricity and gas market regulation above the national level.

Legal basis and structure

ACER was established by Regulation (EC) 713/2009, now replaced by Regulation (EU) 2019/942 (the ACER Regulation). It is based in Ljubljana, Slovenia.

Key structural features:

• Independence: ACER is an independent EU agency; it does not represent the interests of any Member State or energy company
• Board of Regulators (BoR): ACER’s principal decision-making body, comprising one representative from each national regulatory authority (NRA). Ei represents Sweden on the BoR.
• Agency Working Group for Electricity (AEWG): the expert technical working group of NRAs that prepares BoR positions on electricity-specific matters
• Director: appointed by the Administrative Board; responsible for implementing BoR decisions

Mandate

ACER’s core mandate:

1. Coordination: assist NRAs in performing their regulatory tasks in a coordinated manner — especially where regulatory decisions have cross-border effects
2. Network codes and guidelines: monitor implementation of ENTSO-E and EU DSO Entity proposals for network codes; issue recommendations; adopt decisions when NRAs cannot agree within 6 months
3. Market monitoring: monitor wholesale electricity and gas markets; publish the annual Market Monitoring Report
4. Cross-border infrastructure: give opinions and decisions on cross-border transmission infrastructure
5. Framework Guidelines and Recommendations: issue non-binding Framework Guidelines that initiate network code drafting processes

Critically, ACER does not regulate individual companies — it coordinates NRAs. The implementing decisions at national level belong to Ei (Sweden), BNetzA (Germany), Ofgem (UK before Brexit), etc.

Role in the Network Code on Demand Response

The NC DR process is the most prominent current ACER activity relevant to this wiki:

ACER Recommendation 01-2025 is the most significant ACER output for flexibility market development. It proposes four legal instruments instead of one and substantially revises the ENTSO-E/EU DSO Entity proposal on aggregation, minimum bid size, and derogation procedures. See Network Code on Demand Response for full detail. (Source - ACER Recommendation 01-2025 on NC DR; annexed legal text: Source - NC DR Amended Text (ACER Recommendation 01-2025 Annex 1))

FNAM Decision 05-2025

Separate from the NC DR process, ACER adopted Decision 05-2025 establishing the Flexibility Needs Assessment Methodology (FNAM) — directly applicable secondary legislation requiring TSOs and DSOs to produce biennial Flexibility Need Assessments. This decision entered into force ahead of the main NC DR. (Source - ACER Decision 05-2025 FNAM Annex I (2025))

Sweden’s FNA 2026 process is governed by this ACER decision. The tripartite agreement between Svenska kraftnät, Ei, and Energiföretagen Sverige on Swedish FNA implementation specifies how ACER’s methodology is applied nationally. (Source - FNA Bilagor I-V (2025-2026))

Role in NRA disputes and Nordic coordination

ACER has binding decision-making power in specific circumstances:

• Nordic Balancing Model: all changes to Nordic balancing market design must receive approval from the four Nordic NRAs (or ACER if they cannot agree). The Nordic Balancing Model‘s in-progress changes (common mFRR CM, European platform connections) follow this approval path.
• Bidding zone reviews: under CACM Art. 32, ENTSO-E conducts bidding zone reviews and reports the results to the relevant NRAs. ACER’s own role runs through Regulation 2019/943 Art. 14(5), which Art. 5(7) of the ACER Regulation (Source - ACER Regulation (EU 2019-942)) points to: the relevant TSOs propose the review methodology, assumptions and alternative configurations, the NRAs decide unanimously within three months, and if they cannot agree ACER decides within a further three months. ACER does not decide the resulting zone configuration: the Member States decide (Art. 14(7)–(8)), and the Commission decides as a last resort after consulting ACER.
• Flow-based capacity methodology: the Nordic/Baltic NRAs (including Ei) approved the flow-based CCM jointly; ACER would decide if they disagreed.

ACER and CEER

CEER (Council of European Energy Regulators) is the voluntary association of European energy NRAs, distinct from ACER (which is an EU agency). ACER and CEER frequently collaborate on regulatory guidance; the Joint ACER/CEER Guidance on Distribution Network Planning (2025) is a prominent example relevant to Distribution Network Development Plans in Sweden. (Source - ACER CEER DNDP Guidance (2025))

Relationship to other EU bodies

Data gaps

• ACER’s role in the Ei–Svk conflict over BSP implementation timeline