A mandatory performance evaluation of ACER, the agency overseeing cross-border electricity and gas markets, opens to public input with a deadline of May 6th
The European Commission is conducting a mandatory evaluation of the EU Agency for the Cooperation of Energy Regulators (ACER), as required per Article 45(1) of the ACER Regulation 2019/942. As part of that process, the Commission is inviting all interested stakeholders to submit their views via this Call for Evidence. The evaluation is being carried out with independent external expert support, and their findings will be sent to the European Parliament, Council, and ACER’s Board of Regulators, and will be made public.
What is ACER?
ACER is the EU-level body responsible for coordinating national energy regulators and supporting the functioning of the internal markets in electricity and natural gas. It does not replace national regulators but works alongside them, particularly on cross-border issues where no single national authority has jurisdiction. Its core tasks include monitoring wholesale energy markets, issuing opinions and recommendations on network codes and guidelines, and, following recent amendments to the REMIT Regulation (Regulation (EU) 1227/2011), exercising investigatory powers in cross-border cases involving market manipulation and insider trading in wholesale energy markets.
The timing of this evaluation is purposedly scheduled soon after the expansion of ACER’s investigatory powers under the revised REMIT framework, and the Commission considers it appropriate to assess how ACER is performing under its enlarged mandate before deciding whether further changes are warranted. The evaluation, nevertheless, is also legally required under the ACER Regulation itself, which mandates periodic performance reviews of this kind.
What are the evaluation’s objectives, and who can participate?
The evaluation applies the five standard criteria of the Commission’s Better Regulation framework, including effectiveness, efficiency, coherence, relevance, and EU added value. It seeks to examine whether ACER has carried out its tasks effectively and efficiently, as well as whether its’ current mandate and tasks remain fit for purpose. It expects to identify areas for improvement and, wherever relevant, assess the implications of any mandate changes.
Do note, the evaluation focuses on ACER as an organization, not on broader EU energy policies.
The Call for Evidence is addressed to all stakeholders whose activities relate, directly or indirectly, to ACER’s work. This includes national regulatory authorities, energy market participants, transmission system operators, wholesale market traders, consumer organisations, academics and research institutions, and any other entity that interacts with ACER, is affected by its outputs, or has expertise in the areas covered by its regulatory responsibilities.
Responses can be submitted until May 6th, 2026.
