Commission Decision (EU) 2025/1771 of 8 September 2025 on fees due to the European Union Agency for the Cooperation of Energy Regulators for its tasks under Regulation (EU) No 1227/2011 of the European Parliament and of the Council and repealing Commission Decision (EU) 2020/2152

• CELEX: Decision (EU) 2025/1771
• Articles: 16

Article 1 Subject matter

This Decision sets the fees and the way in which they are to be paid to the European Union Agency for the Cooperation of Energy Regulators, hereinafter the ‘Agency’, pursuant to Article 32 of Regulation (EU) 2019/942.

Article 2 Definitions

For the purposes of this Decision, the definitions of ‘inside information platform’ as laid down in Article 2(17) and ‘organised market place’ as laid down in Article 2(20) of Regulation (EU) No 1227/2011 and the definition of ‘fundamental data’ as laid down in Article 2(1) of Implementing Regulation (EU) No 1348/2014 shall apply.

In addition, the following definitions shall apply:

(1)

‘registered reporting mechanism’ means an entity authorised by the Agency in accordance with Article 9a of Regulation (EU) No 1227/2011 or registered by the Agency in accordance with Article 11 of Implementing Regulation (EU) No 1348/2014 for the purpose of reporting transaction records or fundamental data;

(2)

‘transaction record’ means an individual data set containing details of a trade, order to trade, irrespective of whether it is matched or unmatched, or bilateral trade related to wholesale energy products, including any lifecycle event of those trades, orders to trades or bilateral trades, which is reported to the Agency, excluding data relating to system-generated orders;

(3)

‘exposure report’ means an individual submission by a RRM on behalf of a market participant to the Agency in accordance with Article 8 of Regulation (EU) No 1227/2011 containing information on the basis of which the Agency calculates that market participant’s exposures;

(4)

‘market participant’ means an entity registered with the national regulatory authority in the Member State in accordance with Article 9 of Regulation (EU) No 1227/2011.

Article 3 Costs covered by the fees

(1)   The programming document, including the budget, adopted by the Administrative Board of the Agency by 31 December of each year pursuant to Article 20 of Regulation (EU) 2019/942, hereinafter the ‘programming document’, shall identify those costs which are eligible for funding by fees in the following year and provide an estimate of the eligible costs planned to be funded by fees for additional two years thereafter. Eligible costs are costs, including overhead, incurred by the Agency by:

(a)

collecting, handling, processing and analysing of information reported by RRMs;

(b)

collecting, handling, processing and analysing of information reported by IIPs;

(c)

exercising the supervision and investigation powers pursuant to Articles 13 to 13c and Article 16 of Regulation (EU) No 1227/2011.

(2)   The programming document shall set the amount to be covered by fees in the following year. That amount shall:

(a)

not exceed the eligible costs pursuant to paragraph 1;

(b)

be lower than the Union contribution to the Agency according to the Union budget for the respective year.

(3)   The Agency shall provide detailed information on the amount of fees collected and the costs covered by the fees in the previous year in the Consolidated Annual Activity Report pursuant to Article 48 of the Financial Regulation of the Agency. The Agency shall make the respective sections of this report public.

Article 4 Obligation to pay fees: RRMs

(1)   Each RRM shall pay a yearly fee calculated pursuant to Article 6. All fees shall be paid in EUR.

(2)   At the latest by 31 January of each year, the Agency shall send each RRM an invoice for the annual fee to be paid within a deadline of four weeks. The invoice shall provide detailed information on how this fee was calculated. The Agency and a RRM may mutually agree that invoices exceeding EUR 250 000 are paid in instalments. The deadline for payment of the last instalment in case of invoices exceeding EUR 250 000 and up to EUR 1 000 000 shall not be later than 30 June and the deadline for payment of the last instalment in case of invoices exceeding EUR 1 000 000 shall not be later than 30 September.

(3)   In case an entity applies to become a RRM, the Agency shall send the entity an invoice amounting to 50 % of the flat enrolment fee component pursuant to point (a) of Article 6(1) and only accept the application once the invoice is paid. Where the Agency rejects the application because the entity does not comply with the requirements pursuant to the delegated act adopted in accordance with Article 9a(6) of Regulation (EU) No 1227/2011 or pursuant to Article 11 of Implementing Regulation (EU) No 1348/2014, the entity is not entitled to a reimbursement of the paid fee. After registration or authorisation of an entity as RRM, the Agency shall send the entity an invoice over the remaining fee consisting of 50 % of the flat enrolment fee component pursuant to point (a) of Article 6(1) and, unless the RRM declares that it will solely report fundamental data, the transaction records-based component pursuant to Article 7(4).

(4)   RRMs which cease to be authorised or registered by the Agency shall not be entitled to any reimbursement of paid fees or to the waiving of any fees due.

Article 5 Obligation to pay fees: IIPs

(1)   Each IIP shall pay a yearly fee of EUR 15 000.

(2)   In case the sum of the individual fees calculated for each RRM pursuant to Article 6 and of the individual fees each IIP will have to pay pursuant to paragraph 1 would exceed the amount to be covered by fees pursuant to Article 3(2), the yearly fee that each IIP will have to pay is decreased by multiplying it with a reduction factor calculated as follows:

(3)   At the latest by 31 January of each year, the Agency shall send each IIP an invoice for the annual fee to be paid within a deadline of four weeks.

(4)   In case an entity applies to become an IIP, the Agency shall send the entity an invoice amounting to 50 % of the fee pursuant to paragraph 1 and only accept the application once the invoice is paid. Where the Agency rejects the application because the entity does not comply with the requirements pursuant the delegated act adopted in accordance with Article 4a(8) of Regulation (EU) No 1227/2011, the entity is not entitled to a reimbursement of the paid fee. After authorisation of an entity as IIP, the Agency shall send the entity an invoice over the remaining fee pursuant to paragraph 1.

(5)   IIPs which cease to be authorised by the Agency shall not be entitled to any reimbursement of paid fees or to the waiving of any fees due.

Article 6 Calculation of the individual annual fees for RRMs

(1)   The annual fee that a RRM has to pay shall be the sum of the following components:

(a)

a flat enrolment fee component of EUR 15 000;

(b)

where applicable, an exposure report-based fee component calculated pursuant to paragraph 2;

(c)

where applicable, a positive or negative correction amount to balance differences between the exposure report-based fee component paid in the previous year and the exposure report-based fee component that would have been paid according to the actual reporting in that year;

(d)

a transaction records-based fee component calculated pursuant to Article 7, unless a RRM is solely reporting fundamental data;

(e)

where applicable, a positive or negative correction amount to balance differences between the transaction records- based fee component paid in the previous year and the transaction records-based fee component that would have been paid according to the actual reporting in that year.

(2)   The exposure report-based fee component referred to in point (b) of paragraph 1 is calculated by summing up all exposure reports received from a RRM in the previous year and multiplying this sum by EUR 250.

(3)   The correction amount referred to in point (c) of paragraph 1 is calculated by subtracting the exposure report-based fee component paid in the previous year from the exposure report-based fee component calculated in the current year.

(4)   A negative correction amount referred to in point (c) of paragraph 1 shall not be higher than the exposure report-based fee component calculated for the current year.

(5)   The correction amount referred to in point (e) of paragraph 1 is calculated by subtracting the transaction records- based fee component paid in the previous year from the transaction records-based fee component calculated in the current year.

(6)   In case of a new RRM which was registered or authorised in the previous year, the correction amount pursuant to point (e) of paragraph 1 is calculated by subtracting the amount pursuant to Article 7(4) from the transaction records-based fee component calculated in the current year pursuant to Article 7(5) after dividing the latter by 365 and multiplying it with the number of calendar days between the registration date and the end of the previous year.

(7)   A negative correction amount referred to in point (e) of paragraph 1 shall not be higher than the transaction records-based fee component calculated for the current year.

(8)   In case the sum of the individual fees calculated for each RRM pursuant to paragraphs 1 to 7 above and of the individual fees each IIP will have to pay pursuant to Article 5(1) would exceed the amount to be covered by fees pursuant to Article 3(2), the individual fee that each RRM will have to pay is decreased by multiplying it with a reduction factor calculated as follows:

Article 7 Calculation of the transaction records-based fee component

(1)   The transaction records-based fee component is calculated on the basis of the transaction records reported in the previous year by each RRM as follows:

(a)

The Agency identifies the data clusters of the respective RRM. One data cluster shall consist of one of the following:

(i)

all transaction records reporting wholesale energy products pursuant to Articles 7c and 8 of Regulation (EU) No 1227/2011 reported to the Agency on a continuous or periodic basis stemming from a specific market participant using a specific organised market place;

(ii)

all transaction records reporting wholesale energy products pursuant to Articles 7c and 8 of Regulation (EU) No 1227/2011 reported to the Agency on a continuous or periodic basis stemming from a specific market participant without using an organised market place;

(b)

for each of the data clusters referred to in point (a) the Agency identifies the fee subcomponent pursuant to paragraph 2 or paragraph 3;

(c)

the transaction records-based fee component is the sum of the subcomponents identified pursuant to point (b).

(2)   The fee subcomponents per data cluster for transaction records pursuant to subitem (i) of point (a) of paragraph 1 are as follows:

Transaction records per data cluster

Fee subcomponent in EUR

1 to 100

250

101 to 1 000

500

1 001 to 10 000

1 000

10 001 to 100 000

2 000

100 001 to up to 1 million

4 000

More than 1 million to up to 10 million

8 000

More than 10 million to up to 100 million

16 000

More than 100 million to up to 1 billion

32 000

More than 1 billion to up to 2 billion

64 000

More than 2 billion

96 000

(3)   The fee subcomponents per data cluster for transaction records pursuant to subitem (ii) of point (a) of paragraph 1 are as follows:

Transaction records per data cluster

Fee subcomponent in EUR

1 to 10

250

11 to 100

500

101 to 1 000

1 000

1 001 to 10 000

2 000

10 001 to 100 000

4 000

100 001 to up to 1 million

8 000

More than 1 million to up to 10 million

16 000

More than 10 million

32 000

(4)   In case of a new RRM the transaction records-based component in the year of registration is EUR 100 for each calendar day from the day of authorisation or registration until the end of the year. The RRM and the Agency may mutually agree on a different amount in order to better reflect the expected reporting by the RRM.

(5)   In case of a new RRM which was authorised or registered in the previous year, the number of transaction records for each data cluster is adjusted prior to identifying the respective fee subcomponents as follows:

Article 8 Inflation adjustment

(1)   In case the sum of the individual fees calculated for each RRM pursuant to Article 6 (1) to (7) and of the fees invoiced to IIPs pursuant to Article 5(1) is lower than the eligible costs identified pursuant to Article 3(1), the amounts laid down in Article 5(1), Article 6(1) point (a), Article 6(2), Article 7(2), Article 7(3) and Article 7(4) are increased by the inflation rate of the Union with effect in the subsequent year.

(2)   The inflation rate of the Union to be used is the rate of change for the last 12 months of the ‘Eurostat HICP (All items) — European Union all countries’ published in May prior to the year when the increase will have effect.

(3)   The Agency shall publish the increased amounts referred to in paragraph 1 at the latest by 30 June of the year prior to the year when the increase will have effect.

Article 9 Enforcement

(1)   The invoices sent by the Agency pursuant to Articles 4(2), 4(3), 5(3) or 5(4) shall constitute debit notes pursuant to Article 71 of the Financial Regulation of the Agency.

(2)   The Agency shall take all appropriate legal steps to ensure full payment of the invoices issued by applying the relevant rules, including those on default interest and on recovery, of the Financial Regulation of the Agency.

(3)   In case a RRM is overdue with paying the fee for at least one month, the Agency may decide to disable the RRM’s ability to report data to the Agency until the fee is paid in full.

Article 10 Transitional rules in 2025

(1)   Within two weeks from entry into force of this Decision, the Agency shall send each RRM an invoice for a surcharge to be paid within four weeks.

(2)   This surcharge to be paid by each RRM is calculated by:

(a)

identifying for each RRM the number of market participants registered in accordance with Article 9 of Regulation (EU) No 1227/2011 on 30 June 2025 for which the RRM reported transaction records in the period from 1 January to 30 June 2025;

(b)

summing up the numbers of market participants identified by all RRMs pursuant to point (a);

(c)

dividing the number identified pursuant to point (a) by the sum pursuant to point (b) and multiplying the result with EUR 7,6 million.

Article 11 Transitional rules in 2026

(1)   In case in 2026 the sum of the individual fees calculated for each RRM pursuant to Article 6 (1) to (7) and of the fees to be invoiced to IIPs pursuant to Article 5(1) is lower than the amount budgeted as revenues from fees in 2026 as laid down in the Programming Document of the Agency for 2026-2028, the invoices sent out pursuant to Article 4(2) shall include a surcharge.

(2)   The sum of those surcharges shall amount to the difference between either the amount budgeted as revenues from fees in 2026 as laid down in the Programming Document of the Agency for 2026-2028 or EUR 23,5 million, whichever of the two values is lower, and the sum of the individual fees calculated for each RRM pursuant to Article 6 (1) to (7) together with the sum of the fees invoiced to IIPs pursuant to Article 5(1).

(3)   The surcharge to be included in the invoice to be paid by a RRM is calculated by dividing the number of data clusters referred to in Article 7(1), point (a) identified for this RRM when calculating the individual annual fee in January 2026 by the sum of the number of data clusters identified for all RRMs in January 2026 and multiplying the result with the difference referred to in paragraph 2.

(4)   By way of derogation from Article 6(5), in 2026 the correction amount referred to in point (e) of Article 6(1) is calculated by subtracting the transaction records-based fee component paid in 2025 from the value which would have been the result of calculating the transaction records-based fee component in 2026 using the values in the Annex.

(5)   Article 6(1), point (b), Article 6(1), point (c), Article 6(2) and Article 6(3) shall not apply to the fees levied in 2026.

Article 12 Other transitional rules

(1)   By way of derogation from Article 6(2), once the exposure reporting obligation becomes applicable (‘the reference year’), the year following the reference year the exposure report-based fee component referred to in Article 6(1), point (b), is calculated by summing up all exposure reports received from a RRM in the reference year, dividing this sum by the number of exposure reports due in the reference year and multiplying the result by EUR 1 000.

(2)   Article 6(1), point (c) and Article 6(3) shall not apply to the fees levied in the year following the reference year.

Article 13 Evaluation

The Commission shall evaluate the implementation of this Decision five years after its entry into force and every five years thereafter.

Article 14 Repeal

Decision (EU) 2020/2152 is repealed.

Article 15 Entry into force and application

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

The fee subcomponents per data cluster for:

(a)

transaction records reporting wholesale energy products pursuant to point (a) of Article 3(1) of Implementing Regulation (EU) No 1348/2014 stemming from a specific market participant using a specific organised market place;

(b)

and all transaction records reporting wholesale energy products pursuant to point (b) of Article 3(1) of Implementing Regulation (EU) No 1348/2014 stemming from a specific market participant

are as follows:

Transaction records per data cluster

Fee subcomponent in EUR

1 to 1 000

250

1 001 to 10 000

500

10 001 to 100 000

1 000

100 001 to 1 million

2 000

More than 1 million to up to 10 million

4 000

More than 10 million to up to 100 million

8 000

More than 100 million

16 000

The fee subcomponents per data cluster for all transaction records reporting wholesale energy products pursuant to point (a) of Article 3(1) of Implementing Regulation (EU) No 1348/2014 stemming from a specific market participant without using an organised market place are as follows:

Transaction records per data cluster

Fee subcomponent in EUR

1 to 100

250

101 to 1 000

500

1 001 to 10 000

1 000

10 001 to 100 000

2 000

100 001 to 1 million

4 000

More than 1 million to up to 10 million

8 000

More than 10 million

16 000