+Article 6 10.

Article 6 10.

►M5  ACER shall be competent to adopt individual decisions on regulatory issues having effects on cross-border trade or cross-border system security which require a joint decision by at least two regulatory authorities, where such competences have been conferred on the regulatory authorities under one of the following legal acts:

(a) 

a legislative act of the Union adopted under the ordinary legislative procedure;

(b) 

network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines;

(c) 

network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011;

(d) 

guidelines pursuant to Annex I to Regulation (EU) 2024/1789; or

(e) 

network codes and guidelines referred to in Articles 71 to 74 of Regulation (EU) 2024/1789. ◄

ACER shall be competent to adopt individual decisions as specified in the first subparagraph in the following situations:

(a) 

where the competent regulatory authorities have not been able to reach an agreement within six months of referral of the case to the last of those regulatory authorities, or within four months with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788;

(b) 

on the basis of a joint request from the competent regulatory authorities.

The competent regulatory authorities may jointly request that the period referred to in point (a) of the second subparagraph of this paragraph be extended by a period of up to six months, except with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788.

Where the competences to decide on cross-border issues referred to in the first subparagraph of this paragraph have been conferred on the regulatory authorities in new network codes or guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as delegated acts after 4 July 2019, ACER shall only be competent on a voluntary basis pursuant to point (b) of the second subparagraph of this paragraph, upon a request from at least 60 % of the competent regulatory authorities. Where only two regulatory authorities are involved, either one may refer the case to ACER.

By 31 October 2023, and every three years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the possible need to further enhance ACER's involvement in solving cases of disagreement between regulatory authorities concerning joint decisions on matters for which the competences were conferred on those regulatory authorities by a delegated act after 4 July 2019. Where appropriate, the report shall be accompanied by a legislative proposal to modify such powers or to transfer the necessary powers to ACER.

1. Ħarsa ġenerali

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1.1 Referenzi

1.2 Rekwiżiti identifikati

1.3 Standards relatati

2. Rekwiżiti identifikati

Rekwiżiti

3. Standards relatati

Standards