This paper analyses the design and functioning of the EU Agency for the Cooperation of Energy Regulators’ board of appeal, and provides a record of the key issues of substance and procedure it faced, from the inside perspective of the authors, as former chairman and vice chairman of this body, from November 2016 to October 2021. As in some other EU decentralised agencies, the BoA is an independent panel of specialists appointed to review the appeals against the agency’s decision, and a mandatory gateway to the General Court. It’s specificities stem from those of ACER’s role in the construction of energy markets and of the place of the decisions it takes in the architecture of the EU energy policy : despite being labelled as “individual decisions” many of ACER’s decisions are of general application and have major impacts on energy markets. In the context of the implementation of network codes, the BoA was faced with an increasing number of cases (29 appeals, which were consolidated into 19 decisions) on complex issues. The time limit in which it must issue its decisions has been extended from 2 to 4 months to enable it to progressively adjust the depth of its scrutiny to the appropriate level. Outstanding questions remain on the resources allocated to the board and on the clarification of its powers and procedures.
We examine the optimal behavior of carbon-emitting companies operating under the European Union Emission Trading System (EU ETS), under which firms are obliged to purchase emission permits on the secondary [...]
The Brief explores pathways to promote a sustainable agricultural trade regime for the EU. We identify three challenges and propose three potential paths forward. We discuss potential implications of the [...]
The rewable energy resources within EU27 are highly dominated by wind and solar energy delivering electricity as output. As electrification is the most efficient way to deliver the energy services [...]
Manufacturing firms in the EU face the double challenge of decarbonisation and (international) competitive pressure. Based on the key findings of the 2024 EIB investment survey and considering the economic [...]
Regulation 1370/2007, as amended by the Fourth Railway Package, set the date of 25 December 2023 for the opening to competition of services subject to public service obligations. As opposed [...]
This policy brief contends that a new approach to Long Term Contracts (LTCs) in European competition policy based on new facts, new realities and a revised reasoning must be urgently [...]
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