ACER has published its Rules of Procedure setting out how it will conduct cross-border investigations into suspected energy market abuse.
Why do the new rules for cross-border probes matter?
Europe has an EU-wide framework (called REMIT) to detect and deter abuse in wholesale energy markets. Breaches of REMIT are enforced at national level by energy regulators. However, market manipulation and abuse often transcend national borders and cases can be sophisticated.
In 2024, EU legislators updated the REMIT framework giving ACER additional tasks, including the mandate to investigate cross-border cases.
ACER’s expanded role helps build a stronger regulatory framework, promoting openness and confidence in EU energy markets, and strengthens trust that wholesale energy prices are transparent and fair.
ACER’s Rules of Procedure for REMIT investigations
ACER’s new Rules of Procedure establish the procedural framework within which ACER carries out its investigatory tasks under REMIT. They set out the main stages of ACER’s investigations, the related decision-making and the rights and obligations of the persons concerned.
These rules mark an important milestone. As ACER and national regulatory authorities (NRAs) continue to work closely together, they will play a key role in ensuring robust, consistent and legally sound enforcement across borders.
What’s next?
- ACER moves into action on cross-border investigations from the second half of 2026.
- The annual REMIT workshop, organised jointly by ACER and the European Commission, will take place in the summer.
- ACER’s upcoming public consultation on REMIT transaction reporting will gather input from market participants to help shape practical guidance under the revised REMIT framework.
