Brussels, 3 October 2024
Today, the Council of European Energy Regulators (CEER) publishes its report on ‘How NRA independence is safeguarded as NRA competences keep expanding’.
The report investigates how national regulatory authorities (NRAs) manage to preserve their independence in executing their tasks in the energy field, and sometimes in other sectors, even as their responsibilities continue to grow.
Key findings show that:
- In 26 cases, the independence of NRAs is enshrined in their instituting or sectoral legislation. In two cases, it is established in an overall national legal framework for independent institutions and in four cases in their national constitution.
- Out of 29 NRAs, nine are funded through state budgets, 11 receive regulatory fees, and nine are funded by a combination of both. In addition, eight NRAs collect fees for specific services they provide.
- When emergency legislation was passed at EU and national level in 2022 and 2023, 24 out of 29 NRAs were given new tasks. Two NRAs mentioned that these additional duties did not add much to their workload.
- Of the remaining 22 NRAs that reported a substantial increase of their workload, nine received no additional staff or funding. Another three reported that they received additional resources which were considered to be insufficient.
How NRA independence is safeguarded as NRA competences keep expanding
This report investigates how national regulatory authorities (NRAs) maintain their independence within national legal and institutional frameworks as they execute their tasks in the energy field and in some cases beyond.
Context and purpose
In the context of recently agreed emergency legislation at EU level and in many Member States across 2022/2023, NRAs were entrusted with essential tasks involving an increase of the business-as-usual workload.
Key findings
The report sheds light on the increasing pressures faced by NRAs as their roles expand, while highlighting the need for stronger support to ensure their independence remains intact. Key findings include:
- In 26 cases, the independence of NRAs is enshrined in their instituting or sectoral legislation.
- In two cases, it is established in an overall national legal framework for independent institutions and in four cases in their national constitution.
- Out of 29 NRAs, nine are funded through state budgets, 11 receive regulatory fees, and nine are funded by a combination of both.
- In addition, eight NRAs collect fees for specific services they provide.
- When emergency legislation was passed at EU and national level in 2022 and 2023, 24 out of 29 NRAs were given new tasks.
- Two NRAs mentioned that these additional duties did not add much to their workload.
- Of the remaining 22 NRAs that reported a substantial increase of their workload, nine received no additional staff or funding.
- Another three reported that they received additional resources which were considered to be insufficient.
Data collection
The information for this report was collected via a CEER survey and a series of interviews conducted throughout 2024. The data reflects the status of NRA independence in their respective countries as of June 2024.
Source – CEER