EC – consultation on fees charged by ACER

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According to information provided by the Energy Regulatory Office – by the end of August this year. The European Commission consults on fees charged by ACER to participants of the wholesale energy market reporting data under the REMIT regulation.

They concern new fees that will be paid to the Agency for Cooperation of Energy Regulators (ACER). Market participants will be obliged to make them, and this is related to the collection, processing and analysis by ACER of information reported by wholesale market entities under the REMIT Regulation.

ACER will charge for collecting, processing and analyzing information reported by market participants or entities acting on their behalf pursuant to art. 8 REMIT. The fees and the method of their collection are set by the European Commission after public consultations and consultations with the ACER bodies: the Administrative Board and the Board of Regulators. The fees must be proportionate to the cost of the services rendered economically and sufficient to cover these costs. At the same time, the level of these fees must be set at a level to ensure their non-discriminatory nature and to avoid undue financial or administrative burden on market participants or entities acting on their behalf. The Commission regularly reviews the amount of the fees, and adjusts them if necessary, and how they are collected.

The ACER Regulation published in June 2019, which replaced the 2009 Regulation, introduced a new provision according to which ACER charges fees for its tasks under REMIT and services that the Agency provides to market participants or entities operating in their on behalf of them, enabling them to report data in accordance with Art. 8 REMIT. As explained in the ACER Regulation itself, although the Agency’s activities should be financed mainly from the general budget of the Union, such fees improve the financing of the Agency.

When announcing consultations, the Commission asks all interested parties for opinions on the best way to design a fee system that will meet the criteria set out in the ACER Regulation. Consultations are addressed to all citizens and organizations, but they are of particular importance for the so-called notifying parties submitting data to ACER, market participants and their organizations, distribution and transmission system operators.

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