14.8.2009 Official Journal of the European Union L211/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS REGULATION (EC) No 713/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Having regard to the Opinion of the Committee of the Regions (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3, Whereas: (1) The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ highlighted the importance of completing the internal markets in electric- ity and natural gas. Improving the regulatory framework at Community level was identified as a key measure to achieve that objective. () An independent advisory group on electricity and gas, called the European Regulators Group for Electricity and Gas (ERGEG) was established by Commission Decision 2003/796/EC (*) to facilitate consultation, coordination () O] C 211, 19.8.2008, p. 23. (2) 0] C 172, 5.7.2008, p. 55. (?) Opinion of the European Parliament of 18 June 2008 (not yet pub- lished in the Official Journal), Council Common Position of 9 January 2009 (O] C 75 E, 31.3.2009, p. 1) and Position of the European Par- liament of 22 April 2009 (not yet published in the Official Journal). Council Decision of 25 June 2009. () OJ L 296, 14.11.2003, p. 34. and cooperation between the regulatory bodies in Mem- ber States, and between those bodies and the Commission, with a view to consolidating the internal markets in elec- tricity and natural gas. That group is composed of repre- sentatives of the national regulatory authorities established pursuant to Directive 2003/54/EC of the European Parlia- ment and of the Council of 26 June 2003 concerning com- mon rules for the internal market in electricity (°) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (%). (3)  The work undertaken by the ERGEG since its establish- ment has made a positive contribution to the internal mar- kets in electricity and natural gas. However, it is widely recognised by the sector, and has been proposed by the ERGEG itself, that voluntary cooperation between national regulatory authorities should now take place within a Community structure with clear competences and with the power to adopt individual regulatory decisions in a num- ber of specific cases. (4)  The European Council of 8 and 9 March 2007 invited the Commission to propose measures to set up an indepen- dent mechanism for national regulators to cooperate. (5)  The Member States should cooperate closely, eliminating obstacles to cross-border exchanges of electricity and natu- ral gas with a view to achieving the objectives of Commu- nity energy policy. On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. An Agency for the Cooperation of Energy Regulators (the () OJL176,15.7.2003, p. 37. () OJL176,15.7.2003, p. 57.