Regulation (EU) No 713/2009

Regulation (EU) No 713/2009
Title	Regulation (EU) No 713/2009
Type	Regulation
Adopted	13 July 2009
Area	Electricity and gas markets
Institutions	European Parliament, Council of the European Union, European Commission

Regulation (EU) No 713/2009 established a framework to enhance coordination and oversight in the internal energy markets of the European Union, creating a new regulatory agency to support cross-border infrastructure, market integration, and consumer protection. It intervened in the governance of national and regional energy rules linking strategic planning, network codes, and dispute resolution across Member States. The act sits within a sequence of measures that include directives and regulations shaping European energy policy.

Background and legislative context

The regulation was adopted amid debates involving José Manuel Barroso, Angela Merkel, Gordon Brown, European Commission proposals and responses from European Parliament committees and Council of the European Union formations. It followed earlier instruments such as Directive 2003/54/EC and Regulation (EC) No 1228/2003 and proceeded alongside negotiations tied to the Lisbon Treaty reforms and the 2008 financial turmoil. Stakeholders including ENTSO-E, ENTSO-G, Nordic Council, European Consumers Organisation, and national regulators like Bundesnetzagentur, Ofgem, and CRE (France) contested aspects during trilogue talks.

Objectives and scope

The primary aims were coordination of cross-border electricity and natural gas regulation, promotion of competition in markets represented by E.ON, Gazprom, EDF (Électricité de France), and protection of consumers represented by BEUC, Which? and national ombudsmen. The scope covered transmission systems, network charging, interconnection, and the development of technical and market rules involving ENTSO-E, ENTSO-G, ACER (Agency for the Cooperation of Energy Regulators), and national regulatory authorities such as Comisión Nacional de los Mercados y la Competencia, Autorità per l'energia elettrica e il gas, and Regulatory Authority for Energy Slovenia.

Key provisions and mechanisms

The regulation created a legal basis for the development of European network codes, dispute resolution between national regulators and transmission system operators like RTE (Réseau de Transport d'Électricité), and the monitoring of wholesale markets involving firms such as BP, Shell, and TotalEnergies. It established procedures for issuing binding decisions in certain cross-border matters, defined the remit for regional initiatives including Pentalateral Energy Forum, Central Eastern Europe Energy Market Integration, and set criteria for independence and cooperation of national regulators such as ACER engagement with ENTSO-E and ENTSO-G. Provisions addressed transparency, information exchange, and technical standardisation connected to projects like Nord Stream and Nabucco pipeline proposals.

Role of the Agency for the Cooperation of Energy Regulators (ACER)

The act established ACER as an agency with tasks to assist the European Commission, coordinate national regulators like Ofgem and Bundesnetzagentur, issue recommendations, and make binding decisions on cross-border network access between transmission system operators such as TenneT and PSE (Poland) when national authorities could not agree. ACER’s mandate linked it to regional security work involving ENTSO-E, market surveillance concerning traders such as Vattenfall, and interfacing with institutions including European Court of Justice when enforcement disputes arose.

Implementation and enforcement

Member States implemented the regulation through national authorities including Regulador de Energia y Gas, CREG (Belgium), and ANRE (Romania), adapting licencing, tariff methodologies, and dispute-resolution procedures. The European Commission monitored compliance and could refer matters to the European Court of Justice when infringements were alleged against entities like PKN Orlen or administrations such as Ministry of Economy (Poland). Enforcement relied on coordination mechanisms among regional initiatives like South-East Europe Energy Community and technical bodies such as ENTSO-G.

Impact and subsequent developments

The regulation accelerated the drafting of network codes and the creation of cross-border market mechanisms used in initiatives such as the Target Model, the Capacity Allocation and Congestion Management framework, and regional market coupling projects involving EPEX SPOT and Nord Pool. It influenced later instruments including Regulation (EU) No 347/2013 and revisions under the Clean Energy for All Europeans package championed by Jean-Claude Juncker and implemented during Juncker Commission mandates. National regulators including Ofgem and Bundesnetzagentur adjusted practices on transparency, market monitoring, and infrastructure planning.

Criticisms and legal challenges

Critics including European Consumers Organisation, Friends of the Earth Europe, and some national ministers argued that the regulation expanded supranational authority at the expense of Member State discretion, prompting legal scrutiny and references to the Court of Justice of the European Union in disputes over competence and the scope of binding decisions. Energy companies such as Gazprom and RWE raised concerns about regulatory predictability, while regional coalitions like the Visegrád Group expressed reservations about sovereignty over strategic infrastructure decisions. Subsequent litigation and policy debates addressed issues of proportionality, subsidiarity, and the balance between market integration and national energy policy autonomy.

Category:European Union energy law