Independent aggregator: this is how it works in the countries that have already tried it

Italy, United Kingdom, France, Netherlands, Belgium, Finland, Ireland, Germany and Australia have developed aggregation mechanisms with varying degrees of maturity, focused on flexibility, system services and distributed resources

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The arrival of the independent aggregator in the Spanish electricity system coincides with the existence of comparable demand aggregation experiences in other markets, although with different regulatory designs. The review of these models leaves a first constant: aggregation is an activity that can be carried out either by marketers with technology or by independent aggregator companies (Ai, for short) that can apply it.

These Ai, in turn, need a marketer to have previously purchased energy in the markets for the end customer. The aggregation of energy demand, whether carried out by a marketer or an Ai, has been developed mainly as a flexibility tool for the electricity system and participation in balancing services, not as a mechanism exclusively oriented towards retail commercial competition.

Another common guideline is that the deployment of aggregation has been largely supported by large consumers, flexible demand, storage, or distributed resources, with a more visible residential incorporation in some specific cases.

International experience also reflects that there is no single aggregation model, but rather different frameworks depending on the country, the system operator, and the applicable regulation.

What is being done in other countries?

  • One of the most cited cases is Italy. The UVAM (Mixed Enabled Virtual Units) model promoted by Terna allows demand, generation, and storage to be aggregated to participate in balancing and flexibility services. Terna indicated in its disclosure information about this scheme the existence of more than 220 qualified UVAMs and around 1,280 MW. The coexistence and compensation model between the aggregator and the retailers is a free agreement between the parties.
  • In the United Kingdom, a report by the British Parliament indicated that flexibility could reduce system costs by between £3 billion and £8 billion annually by 2050. However, the British design of the compensation mechanism for aggregators by retailers, for the energy they have available to operate from that which these have purchased, has proven to be a failure: instead of foreseeing a bilateral relationship between the aggregator and the retailer, the regulator opted to mutualize (socialize) part of the aggregator's costs among all retailers and, ultimately, among all consumers, whether they participate in flexibility or not. The cost of the scheme has grown rapidly, and the British regulator (Ofgem) is already processing, on an urgent basis, the reversal of the model, a rectification that is costly in terms of legal certainty and necessary to control energy bill inflation.
  • France appears in European reports for the NEBEF mechanism, cited as one of the first frameworks that allow the participation of aggregated demand in electricity markets, and in the Netherlands, the USEF (Universal Smart Energy Framework) framework is cited in sectoral documentation as a reference in aggregation and flexibility design. The relationship between the aggregator and the retailer is based on a bilateral agreement, with compensation from the aggregator to the retailer that takes into account the price of energy in the day-ahead and futures markets.
  • Reports from Eurelectric and ACER also place Belgium, Finland, and Germany among the advanced markets, with developments in flexibility and virtual power plants, while Ireland is linked in European analyses to aggregation and renewable integration. The aggregator-retailer relationship is a bilateral agreement with 100% compensation of the energy's value.
  • Australia is distinguished by developments that retailers are implementing, linked to virtual power plants, with residential resources, especially homes with aggregated batteries, within programs linked to AEMO.

What lessons can be learned for Spain

The international comparison indicates that the development of this figure of the AI has been closely linked to regulatory design, the allocation of risks among agents (AI, marketers, and final customer), and the definition of the value that aggregation in general, and AI in particular, brings to the system.

Another constant is that existing models have been deployed with different degrees of maturity and without a single architecture, which reinforces the idea that comparative experience offers references, rather than a single replicable mold.

And it leaves a conclusion that runs through a good part of the cases: where aggregation, executed by a marketer or AI, has been developed, its role appears associated above all with flexibility and services to the electricity system in the balancing markets.

The British experience—the only known case in Europe that has implemented a mutualization of AI costs—also concentrates the most directly applicable lessons to the Spanish design:

  • The entry of a new agent is only socially desirable if the AI brings net value to the system, in terms of resource efficiency and cost reduction for the final consumer, without hidden subsidies from other agents (retailers or customers) or socialization of its costs throughout the system in the tariff.
  • The bilateral relationship between the retailer and the AI to agree on the financial transaction is necessary to compensate for the energy that the retailer previously acquires in the electricity markets. All models have in common 100% compensation that reflects the real cost of energy acquisition, without diminishing its value, something that has only been considered as a possibility in Spain. The retailer–AI relationship must be bilateral and settled through a financial transaction (k) equivalent to 100% of the energy on which it operates, in all scenarios. Dispensing with this bilaterality, as the British model did, leads to cross-subsidies, discriminatory and arbitrary between agents, distorted price signals, and a more expensive bill for all customers.
  • Objective baseline for the calculation of AI activation, not declarative. The reference program (baseline) on which the AI operates must be set by an independent body based on standardized, auditable, and replicable methodologies, subject to continuous review and verification. A free declarative approach turns the baseline into a manipulable parameter.
  • Level playing field for the innovating retailer. The retailer with aggregation technology must be able to operate flexibility services for its customers on equal terms with any AI. The British case shows what happens when this is not the case: the same unit of flexibility receives different price signals depending on who offers it, retailers are discouraged from developing their own offerings, and those who have invested in innovation are penalized. A basic principle of a healthy competitive market is that the same activity must have the same rules of the game for all agents.

How it is impacting the sector

Reports associate aggregation, regardless of who performs it, with three main functions: providing flexibility to the system, favoring the integration of renewables, and opening new avenues for demand and storage participation.

This is the predominant approach in both regulatory documentation and sectoral studies. Alongside these potential benefits, various sources also point to challenges associated with the design of compensation between AI and marketers, risk sharing, or regulatory barriers.

Another recurring idea in the documents consulted by Demócrata is that a good part of the value attributed to aggregation is linked more to system services and flexibility than to a direct translation to retail prices, although there is a savings incentive for the end customer indirectly on their bill, thanks to the efficiency that flexibility brings to the system, favoring the integration of renewables and optimizing grid investments: fewer km of cable (hardware) can be deployed with better software (digitally operated flexibility technologies).

To which clients are they targeting

The most frequent initial orientation of aggregation is towards large industrial and commercial consumers. In Italy, for example, the UVAM scheme appears linked to requirements that show this initial focus on aggregable loads of a certain size.

The reports also show, among the segments linked to aggregation:

  • Storage.
  • Self-consumption.
  • Distributed resources.
  • Energy communities.
  • Residential customers with batteries or electric vehicles.

Australia appears precisely as one of the cases where the residential dimension is most visible. This sequence—first industry and larger-scale flexibility, then distributed resources and part of the domestic sphere—is the most repeated pattern.

In summary: six keys for the independent aggregator to work in Spain

From comparative experience, and very particularly from British trial and error, a clear roadmap for the Spanish design emerges:

  1. Do not lose sight of the objectives. The introduction of the Aggregator's figure must serve the purposes that justify it: more competition, more flexibility that brings firmness to the system and more competitive energy prices for the final customer, providing efficiency along with other agents, the marketers, who in some cases can provide aggregation technology on their own for the same purposes, and in others will not have the adequate technological level and there the bilateral relationship with the Aggregator generates a win-win.
  2. Net value of the aggregator. The Aggregator must provide net value to the electricity system; its entry cannot be sustained on cross-subsidies from other agents such as marketers, nor by transferring part of its costs to a common pool that ends up being passed on to all customers' tariffs. If the Aggregator demands subsidies to start its activity, these must be motivated, explicit, transparent, sustainable and limited in time to the exclusive cost of market development. It should be remembered that other new agents, such as the marketers of the free market at the time, did not demand or were granted any subsidy to break up markets of oligopolies or territorial quasi-monopolies.
  3. Bilateral, not mutualized relationship. The bilateral Aggregator-marketer relationship is the optimal design, as evidenced by the failure of the British mutualized model and its costly backtracking.
  4. Compensation for energy operated by the Aggregator not less than 100%. The compensation or financial transaction between the Aggregator and the marketer must not be less than 100% of the energy on which it operates, except by free agreement between the parties. There is no country analyzed where this is not the case, because the opposite would be arbitrary and discriminatory.
  5. Objective and verifiable baseline. The consumption baseline on which the Aggregator operates cannot be declarative: it must be objective, based on standardized methodologies and reviewable by an independent technical body, to make the benefits of the technology introduced by the Aggregator transparent.
  6. Do not discriminate against the innovative marketer. The marketer with aggregation technological capacity must be able to provide flexibility services to its clients on equal terms as any Aggregator, because the same activity would bring the same benefits and should have the same rules of the game.

More key points, information and questions with FREN

AI-GENERATED CONTENT

At what stage of parliamentary processing is the Spanish regulation on independent aggregators?

With the available parliamentary information, there is no record in the General Courts of a specific and autonomous initiative that directly and exclusively regulates the figure of independent aggregators (demand or energy) and that is identified as such in its title or object. The regulation of this figure seems, for now, to be framed within broader reforms of the energy sector or in regulatory development by the Government, but in the parliamentary databases consulted there is no draft or bill expressly dedicated to independent aggregators. Consequently, at a strictly parliamentary level, one cannot speak today of an “independent aggregators law” in a specific stage of processing, but rather of a context of ongoing general energy initiatives. No further specific information on independent aggregators is available in the sources consulted.

Current energy initiatives under processing

Although no regulation expressly dedicated to independent aggregators has been located, there are several initiatives in Congress that affect the energy framework and where, in theory, their more detailed regulation could be included in the future:

  • Urgent fiscal, energy, and social measures bill (originating from RDL 4/2024), identified as 121/000032, currently in the extended amendment period until 9-2-2026. Its file can be consulted on the Congress website at this [link], and its initial publication in the Official Bulletin of the General Courts at this PDF text.
  • Royal Decree-law 3/2025 (MOVES III), ratified and processed as Bill 121/000056, also with an extended amendment period until 9-2-2026. Its ratification and processing agreement are recorded in this bulletin, and the processing file can be seen at this [link].
  • Bill on the reestablishment of the National Energy Commission, identified as 121/000035, also in the amendment phase with an extended period until 9-2-2026. Its file is available at this [link].
  • Bill to guarantee the contribution of nuclear energy in the decarbonization of the energy system (122/000179), with consideration already approved and also in an extended amendment phase until 9-2-2026, according to its parliamentary file accessible at this [link].

Alongside these, there are other sectoral initiatives touching on energy issues (self-consumption, hydroelectric, electro-intensive industry, environmental assessment), but none of them incorporate in their title or basic description the regulation of independent aggregators:

  • Bill to amend Law 24/2013 of the Electric Sector and Law 34/1998 of the Hydrocarbons sector on consumer information (122/000130), in the Ecological Transition Commission with the amendment period already closed and referral to Plenary. Its latest publications can be seen in this bulletin and in the initial publication available in this other PDF.
  • Non-legislative motion related to self-consumption (162/000458), for debate in Plenary, where figures such as the “self-consumption manager” are proposed, but the figure of the independent aggregator is not mentioned in the available information. Its text can be consulted in this document.
  • Non-legislative motion on environmental assessment (161/000784), focused on streamlining procedures, accessible in this PDF.
  • Bill on hydroelectric concessions and creation of “Spanish Energy Production” (122/000185), already taken into consideration, whose text can be consulted in this bulletin and its general file at this [link].
  • Other non-legislative motions and debates on energy and industry (Alcoa San Cibrao, evacuation nodes in Galicia) are recorded in texts such as this bulletin on Alcoa or this bulletin on evacuation nodes, but they also do not identify independent aggregators as a specific regulatory object.

Specific situation of independent aggregators regulation

Based on all the above, the situation can be summarized as follows:

  • No specific initiative in the Courts has been found whose declared object is “to regulate the figure of the independent aggregator” or equivalent terms.
  • Ongoing energy initiatives focus on taxation, aid (such as MOVES III), regulatory structure (reestablishment of the CNE), nuclear, hydroelectric concessions, self-consumption, or consumer protection.
  • In the Executive branch (public consultations, draft bills, regulatory development) the sources consulted have not provided relevant specific information about a draft bill or regulation dedicated to independent aggregators. No further information is available at this stage.

Therefore, to the strict question of “at what stage of parliamentary processing” the Spanish regulation of independent aggregators is, the answer is that, with the available information, there is currently no singular legislative initiative on this figure at a specific stage (amendments, committee, Senate, etc.). Any eventual regulation would be integrated, if applicable, into future reforms of Law 24/2013 or government development regulations which, for the moment, do not appear clearly reflected in the parliamentary records consulted.

In which current electric sector regulations is the figure of the independent aggregator mentioned, even if indirectly? What leeway does the Government have to regulate independent aggregators through regulations without passing a new law? Which recent parliamentary proposals affect self-consumption and could indirectly influence the development of independent aggregators?

What are the powers and attributions of the CNMC in supervising independent aggregators?

The supervision of independent aggregators by the CNMC is based on its general competencies as an energy regulator and on specific regulations that open demand participation and aggregation in electricity markets. Essentially, the CNMC does not “authorize” aggregators one by one, but it does define and control market rules, technical and economic methodologies, and operating procedures that condition their activity. Additionally, it supervises demand access to networks and balancing services and can resolve conflicts between agents. All this is articulated on the Law establishing the CNMC, the Electricity Sector Law, and a set of recent technical circulars and resolutions.

Basic legal framework of CNMC competencies

The starting point is Law 3/2013, which creates the CNMC. In its preamble and article 7 it establishes that, in regulated sectors such as electricity, the Commission exercises specific functions of supervision and control, as well as conflict resolution, broader than mere competition defense.

Very relevant for aggregators, Law 3/2013 grants the CNMC, in the electricity and gas sectors, the power to approve, through circulars (art. 30):

  • Access toll methodologies to electricity networks.
  • Balancing and non-frequency service methodologies “that provide adequate incentives for network users to balance their production and consumption.”
  • Connection and access methodologies to networks.

These methodologies are the regulatory framework that practically allows aggregated demand and independent aggregators to participate in markets and flexibility services.

Law 24/2013, of the Electricity Sector, completes this framework by regulating the economic and technical management of the system and the functions of the system and market operator, whose certification is performed by the CNMC. Title V emphasizes that the Commission certifies the system operator and regulates access and connection to networks, on whose methodology it also intervenes.

Independent aggregators and demand response

The figure of the independent aggregator is expressly introduced by Royal Decree-law 23/2020, which amends Law 24/2013. Its preamble defines aggregation as the combination of demand from several consumers or several generators for participation in any electricity market, linking this figure to demand response and the obligation of regulatory authorities to “promote the participation of demand-side resources (…) in wholesale and retail markets.”

This EU mandate is transferred to the CNMC on two levels:

  • Designing methodologies and market rules that allow aggregated demand offers and flexibility services.
  • Supervising that demand and aggregator participation occurs under transparent and non-discriminatory conditions.

Circulars and wholesale market rules

The central piece in wholesale market regulation is CNMC Circular 3/2019, which establishes methodologies regulating the operation of the day-ahead and intraday markets and the system operation. The circular itself relies on the new paragraph 38 of article 7 of Law 3/2013 (introduced by 2019 regulations), which grants the CNMC the function of determining the rules of organized electricity markets in aspects reserved to the national regulator by European law.

This circular is connected to resolutions updating market rules and procedures to facilitate the participation of new entities, including aggregators:

In the field of balancing services and active demand response, the CNMC has approved and modified key operating procedures:

Although these regulations do not always literally mention the “independent aggregator,” they configure the products, technical requirements, guarantees, and settlement schemes through which this figure can offer flexibility to the system.

Demand access to networks and supervision

In line with the competencies of Law 3/2013 on access methodologies, the CNMC has detailed criteria for demand access to networks, an essential aspect for aggregators acting on consumption:

These resolutions specify, technically, the general CNMC function of establishing connection and access methodologies and supervising capacity management and allocation in networks, which directly affects the possibility for aggregators to connect loads and offer flexibility.

Supervision, market control, and conflict resolution

Finally, Law 3/2013 grants the CNMC general functions of supervising the effective and non-discriminatory functioning of regulated markets and resolving conflicts between agents. Applied to independent aggregators, this means the Commission can:

  • Analyze and, if necessary, modify rules and procedures when it detects unjustified barriers to demand participation or aggregation.
  • Intervene in disputes over network access, economic conditions of balancing services, or application of market rules affecting agents acting as aggregators.

No further information is available in the sources consulted about a specific sanctioning regime for independent aggregators different from the general one provided for electricity sector subjects in Law 24/2013.

What technical and measurement requirements are currently demanded of an independent aggregator to participate in the active demand response service? How exactly has Law 24/2013 been modified to introduce the figure of the independent aggregator and demand aggregation? What role do the system operator and market operator play vis-à-vis the CNMC in integrating independent aggregators?

What legal requirements must a company meet to operate as an independent aggregator in Spain?

In Spain, the figure of the independent aggregator is already recognized in the electricity sector regulations, but its detailed operational requirements are articulated in a dispersed manner and, in part, still depend on regulatory development and operating procedures of the CNMC and the system operator. The legal core lies in the amendment of Law 24/2013 of the Electricity Sector by Royal Decree-law 23/2020, which introduces the definition of aggregation and independent aggregator. From there, various CNMC resolutions open demand participation, storage, and aggregations in balancing and non-frequency services, but a unique and closed “aggregator license” regime as a separate figure is not yet observed. With the available information, the main blocks of obligations can be identified, but not an exhaustive and definitive list of enabling requirements.

1. Basic legal framework of the independent aggregator

Royal Decree-law 23/2020, of June 23, by amending Law 24/2013, incorporates the definition of aggregation and independent aggregator as part of the transposition of the European Clean Energy package. Its preamble explains that aggregation consists of combining the demand of several consumers or the production of several generators “for sale, purchase, or auction in any electricity market,” and that the independent aggregator is the entity providing these aggregation services without being linked to the customer's supplier, thus promoting demand response and the participation of new market actors (RDL 23/2020).

Law 24/2013, as amended, considers independent aggregators as “participants in the electricity production market” providing aggregation services, and enables their intervention in services included in the production market by regulation. The text does not show the creation of a differentiated sectoral license, but their inclusion among the entities that can participate in the market, under conditions to be specified by regulation (Law 24/2013).

2. Relationship with consumers and suppliers

The amendment of Law 24/2013 by RDL 23/2020 clarifies that consumers and storage facility owners can obtain income from their participation in production market services “either directly or through their supplier or an independent aggregator.” That is, the aggregator acts as an intermediary between consumption/storage resources and the markets, without necessarily replacing the supplier in the supply.

It follows that a company wishing to operate as an independent aggregator must:

  • Enter into private contracts with consumers, producers, or storage owners whose resources it will aggregate, regulating rights over energy, flexibility, and compensation.
  • Coordinate with suppliers who remain responsible for supply, especially regarding measurement and energy allocation, although the specific rules for responsibility sharing are not detailed in the texts shown.

No specific mandatory contractual regime with the consumer beyond the general framework of Law 24/2013 and its development is seen in the sources.

3. Participation in balancing and flexibility services

The CNMC Resolution of September 8, 2022, approving the Conditions applicable to non-frequency services and other services for the operation of the Spanish peninsular electricity system, is key to understanding aggregated demand access. These conditions allow the participation of “production facilities, generation facilities associated with self-consumption, storage facilities, and demand facilities, as well as their aggregation, by offering those services that by their characteristics allow it,” under the Conditions themselves and operating procedures (articles 2 and following) (CNMC Conditions non-frequency services).

This resolution establishes that:

  • The service provider is the market participant supplying the service according to operating procedures.
  • “Possible aggregation conditions” of facilities to participate in these services will be set in the operating procedures applicable to each service.

Additionally, the CNMC Resolution of October 19, 2023, approving the new operating procedure 7.5 on the active demand response service (SRAD), develops a specific balancing product based precisely on demand participation, with annual auctions and allocation of response power (P.O. 7.5 SRAD). Although the text focuses on the product's justification and design, it confirms the regulatory orientation towards incorporating demand—and by extension, its aggregation—into balancing services.

4. Technical, balancing, guarantees, and sanction requirements

From the legal and regulatory configuration, several blocks of obligations derive for a company acting as an independent aggregator:

  • Market participant requirements: as considered a participant in the production market, it must comply with the general requirements demanded of these entities in the day-ahead and intraday market rules (approved by Resolution of May 9, 2018) and in the access regulations to the market operator and system operator (day-ahead and intraday market rules). These requirements (solvency, communication systems, etc.) are not detailed in the sources but apply generally to all participants.
  • Responsibility for deviations and balancing: participation in balancing services and the production market implies submission to conditions related to balancing, deviation settlement, and operating procedures that the CNMC adapts (e.g., Resolutions of 12/24/2020, 4/25/2024, or 4/2/2025 on balancing conditions and quarter-hourly settlement; in particular, Resolution of April 25, 2024 and Resolution of March 28, 2025 on fifteen-minute settlement).
  • Financial guarantees: as no specific regime for aggregators is seen in the sources, it is understood they must provide the same market guarantees as other participants, as defined by the market and system operators in their rules; however, neither amount nor specific form is detailed.
  • Sanctioning regime: the company is subject to the general sanctioning regime of Law 24/2013, applicable to system activities and market participants. No specific infractions for independent aggregators different from those already provided for non-compliance with market, balancing, or information obligations are recorded.

5. Degree of framework development

With the available information, Spanish law has taken essential steps: it recognizes the figure of the independent aggregator, enables its participation in markets and balancing services, and explicitly opens the door to demand and storage aggregation in the non-frequency service Conditions. However, many specific requirements (procedural, technical, specific registration if created) are left to later regulatory developments and operating procedures, which are being updated incrementally. No closed catalog of specific and differentiated “legal requirements” to register as an independent aggregator beyond those corresponding to any participant in the electricity market is available in the sources.

What practical steps would I have to follow to register my company as a participant in the electricity market and be able to act as an independent aggregator? How does the active demand response service (SRAD) of P.O. 7.5 work in detail and what opportunities does it open for an aggregator? What additional regulatory changes are being debated in Spain or the EU to strengthen the role of independent aggregators?

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