ACER provides its opinions on derogations from EU gas network codes at third countries’ interconnection points
ACER provides its opinions on derogations from EU gas network codes at third countries’ interconnection points
What is it about?
ACER publishes its Opinions on requests from seven national regulatory authorities for derogations from applying EU gas network codes and guidelines at interconnection points with third countries.
These requests have been submitted by the energy regulators of Bulgaria, Estonia, Hungary, Italy, Lithuania, Slovakia and Spain, and are addressed to the European Commission and ACER (in line with the Gas Regulation).
The Regulation widens the scope of the existing EU gas network codes and guidelines, expanding their application to third countries’ entry and exit points, starting from 5 August 2026.
If, for specific reasons (e.g. existing long-term contractual arrangements or legal difficulties in establishing a dispute resolution procedure with transmission network operators or natural gas suppliers established in third countries), the EU rules cannot be effectively implemented, national regulatory authorities can request a time-limited derogation.
What is the role of ACER?
After receiving the derogation requests, ACER had three months to provide its opinion to the European Commission. To inform its decision-making process, ACER conducted an extensive review of each request, held bilateral discussions with the relevant national regulatory authorities and applied a harmonised approach while considering the specifics of every Opinion.
For the details of each country, see the full text of the individual ACER Opinion. In brief, ACER considers that in Hungary and Bulgaria the relevant network codes have been implemented to the maximum extent possible to date, until certain EU rules are not implemented simultaneously by the neighbouring transmission system operators.
For Estonia, Italy, Lithuania, Slovakia and Spain, ACER has carefully examined the requests and their specific conditions, providing detailed inputs to the European Commission to support the Commission’s decision.
What are the next steps?
The European Commission will decide whether to grant the derogations, taking into consideration the input provided by ACER.