ACER Opinion 05-2026 on the derogation request submitted by the Bulgarian Energy & Water Regulatory Commission (EWRC) from the application of the network codes and guidelines

No 05/2026

OPINION

on the derogation request submitted by the Bulgarian Energy & Water Regulatory Commission (EWRC) from the application of the network codes Regulation (EU) 2024/1789, at the entry points from and the exit points to Serbia, North Macedonia and Turkey

28 April 2026

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Executive summary

Pursuant to Article 70(3) of Regulation (EU) 2024/1789 (‘Gas Regulation’), ACER is required to provide the European Commission with a reasoned opinion within three months of the date of receipt of a request for a derogation, submitted by a national regulatory authority (‘NRA’) in line with the aforementioned provision, from the implementation of network codes or guidelines, referred to in Article 70(1) of the Gas Regulation, or specific elements of them. On 5 February 2026, Energy & Water Regulatory Commission (‘EWRC’) submitted to the European Commission and ACER a derogation request concerning the interconnection points connecting: Bulgaria and Serbia, Kalotina (BG)/Dimitrovgrad (RS) and Kireevo (BG)/Zaychar (RS); Bulgaria and North Macedonia, Kyustendil (BG)/Zidilovo (MK); Bulgaria and Turkey, Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR). As Contracting Parties to the Energy Community Treaty, Serbia and North Macedonia are required to align their national legislation with, and implement, relevant parts of the EU energy acquis, as transposed into the Energy Community acquis. The Bulgarian NRA has requested a derogation from the application of Chapter IV of the Commission Regulation (EU) 2017/459 (‘CAM NC’), specifically with regard to the bundling of the standard capacity products, and from CAM NC Chapter VII in relation to the use of a joint capacity booking platform at the Kalotina (BG)/Dimitrovgrad (RS). In addition, EWRC has requested a derogation from CAM NC Chapter IV, specifically with regard to the bundling of the standard capacity products at the Kireevo (BG)/Zaychar (RS) interconnection point. Furthermore, EWRC has requested a derogation from the application of CAM NC Chapter IV, specifically with regard to the bundling of the standard capacity products at the Kyustendil (BG)/Zhidilovo (MK) interconnection point, and from CAM NC Chapter VII in relation to the use of a joint capacity booking platform. In addition, EWRC requested a derogation from the application of the congestion management procedures (CMP) Guidelines at the Kyustendil (BG)/Zidilovo (MK). Moreover, EWRC has requested a derogation from the application of CAM NC Chapter IV concerning the bundling of standard capacity products; CAM NC Chapter V, regarding the Incremental Capacity Mechanism; and CAM NC Chapter VII, in relation to the use of a joint capacity booking platform at the Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR) interconnection points.

Conclusion

With reference to the derogation request regarding Kalotina (BG)/Dimitrovgrad (RS), and taking into account the justifications provided by the Bulgarian NRA, ACER is of the opinion that in the case at issue a derogation from CAM NC Chapter IV and Chapter VII should be granted as the requirements listed in Article 70(3) of the recast Gas Regulation are fulfilled. In relation to the derogation request regarding Kireevo (BG)/Zaychar (RS) and taking into account the justifications provided by the Bulgarian NRA, ACER is of the opinion that in the case at issue a derogation from CAM NC Chapter IV should be granted as the requirements listed in Article 70(3) of the recast Gas Regulation are fulfilled. Concerning the derogation request regarding Kyustendil (BG)/Zidilovo (MK), and taking into account the justifications provided by the Bulgarian NRA, ACER is of the opinion that in the case at issue a

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derogation from the application of CAM NC Chapter IV and Chapter VII and from the application of the CMP guidelines should be granted as the requirements listed in Article 70(3) of the recast Gas Regulation are fulfilled. With reference to the derogation request regarding Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR), ACER deems it unnecessary to submit a derogation request from the application of the provisions of network codes and guidelines requiring a mutual implementation from Turkey. Indeed, Bulgaria, as a Member State, cannot implement provisions whose application depends on the simultaneous implementation by the third country, which is outside Bulgaria’s control, as these provisions are not binding for Turkey.

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1. Background

1 Regulation (EU) 2024/1789 (‘Gas Regulation’) extends the application of network codes and guidelines, referred to in Article 70(2) of the Gas Regulation (‘network codes and guidelines’), to the entry points from and exit points to third countries, namely countries that are not members of the European Union. The principle embedded in the Regulation at issue is the enhancement of the internal gas market by supporting cross-border trade and efficient operations also at the borders with third countries. Applying network codes at these border points helps to avoid market fragmentation and ensures the seamless functioning of the internal market, in particular by guaranteeing consistent rules, non-discriminatory access and efficient cross-border trading conditions, even at the borders of the Union.

2 Article 70(2)(d) of the recast Gas Regulation lays down that network codes and guidelines, adopted in accordance with paragraph 1 of the same provision, shall apply to all interconnection points within the Union and to entry points from and exit points to third countries from 5 August 2026.

3 Furthermore, Article 70(3) thereof states that until 5 February 2026 national regulatory authorities (‘NRAs’) may submit a request to the European Commission and ACER for a derogation from the application of the network codes and guidelines at entry points from and exit points to third countries pursuant to Article 70(2)(d).

4 ACER shall provide a reasoned opinion to the European Commission within three months of the date of receipt of the request for a derogation. In its reasoned opinion ACER provides an assessment on the request submitted by the NRA. The European Commission shall adopt a decision on the request for a derogation, taking into account ACER’s reasoned opinion and after assessing the existence of the conditions listed in Article 70(3)(a), (b) and (c).

5 Notably, whether the NRA has demonstrated that provisions of a network code or guideline cannot be effectively implemented at an entry point from or exit point to a third country; has taken measures to alleviate obstacles to such implementation; and has shown that the derogation is not detrimental to the internal gas market or to the security of supply of the Union or of a Member State. The derogation shall be limited to specific provisions that cannot be effectively implemented and shall be granted by the European Commission for a limited period of time. A C E R O P I N I O N N O 0 5 / 2 0 2 6

6 Furthermore, Recital 95 of the recast Gas Regulation acknowledges that specific circumstances, including the existence of long-term contractual arrangements or legal difficulties in establishing dispute resolution procedures with transmission system operators or natural gas suppliers established in third countries, may prevent the effective application of network codes in the short term. A C E R O P I N I O N N O 0 5 / 2 0 2 6

2. Procedure

8 On 5 February 2026, ACER received from the Energy and Water Regulatory Commission (‘EWRC’) in written form via electronic post a request for derogation from the application of network codes and guidelines pursuant to Article 70(3) of the recast Gas Regulation.

9 Upon the submission of the derogation request, and after an in-depth analysis thereof, ACER has requested additional information to the involved NRA to further clarify elements of its derogation request. ACER has taken due account of the additional information provided by the Bulgarian NRA in its assessment complementing its argumentation.

10 On 1 April 2026, ACER shared the draft version of the reasoned opinion with the involved NRA for factual checks and to verify the completeness of the information provided.

11 On 28 April 2026, ACER adopted this reasoned opinion and sent it to the European Commission in accordance with Article 70(3) of the recast Gas Regulation following the prescribed timeline.

3. Summary of Derogation Request

12 EWRC has submitted a derogation request for the following interconnection points: • Kalotina (BG)/Dimitrovgrad (RS) and Kireevo (BG)/Zaychar (RS), that are two interconnection points connecting Bulgaria and Serbia; • Kyustendil (BG)/Zidilovo (MK), connecting Bulgaria and North Macedonia; • Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR), that are two interconnection points connecting Bulgaria and Turkey.

3.1. Kalotina (BG)/Dimitrovgrad (RS)

13 Kalotina (BG)/Dimitrovgrad (RS) interconnection point is operated by Transportgas Srbija LLC Novi Sad (‘Transportgas’) on the Serbian side. The national regulatory authority of Serbia is the Energy Agency of the Republic of Serbia (‘AERS’). As a Contracting Party to the Energy Community Treaty, Serbia is required to align its national legislation with, and implement relevant parts of, the EU energy acquis, as transposed into the Energy Community acquis.

14 In its derogation request, EWRC explains that it has contacted AERS, the Serbian regulator, and the Serbian transmission system operator (‘TSO’) Transportgas. Following these exchanges, the two parties have identified the need for a derogation with respect to certain legal provisions that could not be effectively implemented at the Kalotina (BG)/Dimitrovgrad (RS) interconnection point by 5 August 2026.

15 In particular, EWRC has requested a derogation from the application of Chapter IV of the Commission Regulation (EU) 2017/459 (‘CAM NC’), specifically with regard to the bundling of the standard capacity products at the referred interconnection point, and from CAM NC Chapter VII, in relation to the use of a joint capacity booking platform, until 1 October 2027. A C E R O P I N I O N N O 0 5 / 2 0 2 6

16 In EWRC’s view, the effective implementation of CAM NC provisions referred above is impeded, within the meaning of Article 70(3)(a) of the recast Gas Regulation, at the Kalotina (BG)/Dimitrovgrad (RS) interconnection point by 5 August of 2026 for the following reasons, as described by the Bulgarian regulator: • Firstly, CAM NC has only been recently implemented by Transportgas, and further steps are necessary for its full application; • Secondly, the set-up of a joint capacity booking platform is still on going, and substantial developments to Transportgas’ internal IT systems are considered necessary to allow its full implementation; • Lastly, the contractual framework for standard capacity products at the Serbian side will be implemented in two phases: the standard capacity products will be offered as unbundled with the starting of the Gas year 2026/27, while the bundling of all products is expected to be completed for the Gas year 2027/28.

17 No technical constraints or implementation impediments have been highlighted by the Bulgarian TSO, which currently applies the CAM NC provisions to the maximum extent possible on the Bulgarian side of the interconnection point and awaits developments on the Serbian side to enable the full implementation of capacity bundling and joint booking platform provisions.

18 The derogation timeline indicated is considered by EWRC necessary to allow sufficient time for the completion of technical developments and for setting up the contractual framework for standard capacity products, on the Serbian side, as well as for coordinating the cross-border implementation for the bundling of capacity and the joint operation of the booking platform, in order to ensure the full compliance with the CAM NC provisions.

19 EWRC considers it has fulfilled its obligations in addressing the obstacles to the application of network codes or guidelines by coordinating with its third-country counterparty to facilitate the identification of technical constraints and consequently support the future implementation of the network codes.

20 EWRC considers that this time-limited derogation will not affect the proper functioning of the internal natural gas market or the security of supply of the European Union or its Member States.

3.2. Kireevo (BG)/Zaychar (RS)

21 Kireevo (BG)/Zaychar (RS) interconnection point is operated by Gastrans on the Serbian side. The national regulatory authority of Serbia is AERS. As a Contracting Party to the Energy Community Treaty, Serbia is required to align its national legislation with, and implement relevant parts of, the EU energy acquis, as transposed into the Energy Community acquis.

22 In its derogation request, EWRC explains it has contacted AERS and the Serbian TSO, Gastrans. Following these exchanges, the parties have established the need for a derogation with respect to certain legal provisions that could not be effectively implemented at the Kireevo (BG)/Zaychar (RS) interconnection point by the deadline of 5 August 2026.

23 The Serbian legal framework provides a wide exemption to the Serbian TSO Gastrans in accordance with the national Exemption Act , issued by AERS in 2019. Notably, 90% of technical capacity of the interconnection point on the Serbian side is exempted and allocated under long A C E R O P I N I O N N O 0 5 / 2 0 2 6 term contracts , while the remaining 10% is offered as short-term products (quarterly, monthly, daily, within-day) subject to the provisions of the CAM NC. Capacity products are currently offered as unbundled products on the Regional Booking Platform (‘RBP’).

24 Consequently, EWRC has requested a derogation from CAM NC Chapter IV, specifically with regard to the bundling of the standard capacity products at the Kireevo (BG)/Zaychar (RS) interconnection point, until 1 October 2027.

25 In EWRC view’s, the effective implementation of CAM NC provisions referred above is impeded, within the meaning of Article 70(3)(a) of the recast Gas Regulation, at the Kireevo (BG)/Zaychar (RS) interconnection point by 5 August of 2026 for the following reasons, as described by the Bulgarian regulator: • Firstly, the Exemption Act and its effects on the allocation of transmission capacity rights constitute an objective legal constraint, within the meaning of Article 70(3) of the recast Gas Regulation, which impedes the effective application of the capacity bundling; • Secondly, Gastrans generally does not offer firm yearly capacity products, which impedes the effective application of the capacity bundling for yearly capacity products; • Lastly, AERS has further indicated that the immediate application of bundled capacities is not feasible until certain technical adjustments are performed by Gastrans on its Electronic Data Platform.

26 Another element that has been brought forward by Gastrans as a limitation in relation to the offer of bundled capacities, is the risk of an unlevel playing field between network users from the Energy Community contracting parties and network users from the EU countries. These limitations consist of the need for Energy Community or non-EU traders to establish an EU company to obtain a license in the EU in order to acquire bundled capacity products and be able to trade gas, leading to additional costs and obstacles for these potential users.

27 No technical constraints or implementation impediments have been highlighted by the Bulgarian TSO, which currently applies the CAM NC provisions to the maximum extent possible on its side of the interconnection point and awaits developments on the Serbian side to enable the full implementation of the CAM NC.

28 The derogation timeline indicated is considered by EWRC necessary to allow sufficient time for the completion of technical developments and for setting up the contractual framework for standard capacity products, on the Serbian side, as well as for coordinating the cross-border implementation for the bundling of capacity and the joint operation of the booking platform, to ensure full compliance with the CAM NC provisions.

29 EWRC considers it has fulfilled its obligations in addressing the obstacles to the application of network codes or guidelines by coordinating with its third-country counterparty to facilitate the identification of technical constraints and consequently support the future implementation of the network codes.

30 EWRC considers that this time-limited derogation will not affect the proper functioning of the internal natural gas market or the security of supply of the European Union or its Member States.

3.3. Kyustendil (BG)/Zhidilovo (MK)

31 Kyustendil (BG)/Zidilovo (MK) is an interconnection point connecting Bulgaria and North Macedonia, and it is operated by Nomagaz AD. The national regulatory authority of North Macedonia is the Energy Regulatory Commission (‘ERC’). As a Contracting Party to the Energy A C E R O P I N I O N N O 0 5 / 2 0 2 6 Community Treaty, North Macedonia is required to align its national legislation with, and implement relevant parts of the EU energy acquis, as transposed into the Energy Community acquis.

32 In its derogation request, EWRC explains that it has contacted the North Macedonian national regulator. Following these exchanges, the parties have established the need for a derogation with respect to certain legal provisions that could not be effectively implemented at the Kyustendil (BG)/Zhidilovo (MK) interconnection point by 5 August 2026.

33 Currently the North Macedonian TSO does not apply the recast Gas Regulation, and in this respect is taking initial steps towards the implementation of the rules governing the capacity allocation and the implementation of a joint booking platform. The implementation of the allocation methodology and the booking platform are foreseen for the Gas year 2027/2028.

34 Consequently, EWRC has requested a derogation from CAM NC Chapter IV, specifically with regard to the bundling of the standard capacity products at the Kyustendil (BG)/Zhidilovo (MK) interconnection point, and from CAM NC Chapter VII with reference to the use of a joint capacity booking platform, until 1 October 2027.

35 The derogation timeline indicated is considered by EWRC necessary to allow sufficient time for the completion of technical development, as well as for coordinated cross-border implementation to ensure full compliance with the CAM NC provisions and for setting up the contractual framework for standard capacity products, capacity bundling and joint operation of the booking platform.

36 No technical constraints or implementation impediments have been highlighted by the Bulgarian TSO, which currently applies the CAM NC provisions to the broadest extent possible on the Bulgarian side of the interconnection point and awaits developments on the North Macedonian side to enable the full implementation of capacity bundling and joint booking provisions.

37 In addition, in the derogation request, EWRC describes the existence of a long-term contract under which transmission capacity is reserved. The remaining capacity is offered by the Bulgarian TSO in the capacity booking platform RBP following the CAM NC provisions.

38 EWRC remarks that, due to the contractual condition of the aforementioned long-term contract, none of the congestion management procedures could be effectively implemented at the Kyustendil (BG)/Zidilovo (MK) for the capacity reserved but unused under the long-term contract, without breaking the contractual terms and conditions.

39 Following the above, EWRC has requested a derogation from the application of the CMP Guidelines at the Kyustendil (BG)/Zidilovo (MK) until the termination of the long-term contract at issue on 31 December 2030, with reference to the capacity reserved under the mentioned contract.

40 EWRC considers it has fulfilled its obligations in addressing the obstacles to the application of network codes and guidelines by coordinating with its third-country counterparty to facilitate the identification of technical constraints and consequently support the future implementation of them.

41 The Bulgarian NRA considers that this time-limited derogation will not affect the proper functioning of the internal natural gas market or the security of supply of the European Union or its Member States.

3.4. Strandzha 1 (BG)/Malkoclar (TR) - Strandzha 2 (BG)/Malkoclar (TR)

42 The Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR) are interconnection points connecting Bulgaria to Turkey. A C E R O P I N I O N N O 0 5 / 2 0 2 6

43 EWRC notes that Turkey is not a Member State of the European Union nor a Contracting Party to the Energy Community Treaty; therefore, EU regulations have not been implemented in Turkey and neither they are envisaged to be implemented.

44 Consequently, EWRC has requested derogation until 31 December 2041 from the application of: CAM NC Chapter IV concerning the bundling of standard capacity products; CAM NC Chapter V, regarding the Incremental Capacity Mechanism; and CAM NC Chapter VII, in relation to the use of a joint capacity booking platform.

4. ACER assessment

4.1. Kalotina (BG)/Dimitrovgrad (RS)

45 ACER is of the opinion that the provisions of CAM NC included in the derogation request, cannot be effectively applied at the Kalotina (BG)/Dimitrovgrad (RS) interconnection point until the Serbian TSO, Transportgas, has fully applied the CAM NC with all its technical requirements to bundle capacity products at the interconnection point.

46 Concerning the derogation request for CAM NC Chapter VII, ACER acknowledges that the Bulgarian TSOs has already joined the RBP booking platform and that the Serbian TSO is working to join the same booking platform.

47 In addition, ACER notes that the auction calendar for the Gas year 2027/2028 foresees the offering of the yearly product in July 2027, the first auction for the quarterly product in August 2027 and the first monthly auction in September 2027. ACER remarks that the products mentioned above, with the proposed derogation timeline on the 1 October 2027, will not be offered as bundled products through the selected joint booking platform considering that these auctions will be held before the derogation expiration.

48 ACER invites the Bulgarian NRA to consider aligning the derogation request timeline with the auction calendar to enable the offering of bundled capacity for all the products of the Gas year 2027/2028.

49 With reference to the measures adopted to alleviate the above-mentioned obstacles, ACER notes that EWRC has taken all possible steps to ensure the highest level of implementation on its side of the interconnection point. Specifically, ACER acknowledges that EWRC has engaged in discussions with both the Serbian NRA and the relevant TSO to address the identified technical constraints and to fully implement the network code provisions to the extent possible within its jurisdiction.

50 Moreover, ACER notes that, according to the information provided regarding the potential market impact, and the demonstration that the derogation would not be detrimental to the proper functioning of the internal natural gas market or to the security of supply of the Union or a Member State is limited. ACER acknowledges EWRC’s position that the time-limited derogation will not affect market dynamics or security of supply, and the presence of such risks are limited.

4.2. Kireevo (BG)/Zaychar (RS)

51 ACER is of the opinion that the provisions of the CAM NC, included in the derogation request, cannot be effectively applied at the Kireevo (BG)/Zaychar (RS) interconnection points, until the Serbian TSO Gastrans, has not fully applied the CAM NC with all its technical requirements to bundle capacity products at the interconnection point.

52 ACER notes that the auction calendar for the Gas year 2027/2028 foresees the offering of the yearly product in July 2027, the first auction for the quarterly products in August 2027 and the A C E R O P I N I O N N O 0 5 / 2 0 2 6 first monthly auction in September 2027. ACER remarks that the products mentioned above, with the proposed derogation timeline on the 1 October 2027, will not be offered as bundled products through the selected joint booking platform, considering that these auctions will be held before the derogation expiration.

53 ACER invites the Bulgarian NRA to consider aligning the derogation request timeline with the auction calendar to enable the offering of bundled capacity for all the products of the Gas year 2027/2028.

54 ACER highlights that the capacity auctions for bundled products will cover only 10% of the technical capacity, as the rest is exempted. ACER further remarks that, based on the information provided in the derogation request, it cannot be determined whether, after the expiry of the derogation period, Gastrans will commence offering yearly capacity products for the available capacity not subject to long-term contracts. ACER highlights that this condition is necessary to enable the offering of bundled capacity for all standard products at the interconnection point.

55 In relation to the potential limitation on capacity trading of bundled capacity products arising from the different licensing regimes and to which extent this limitation hinders the possibility for EU and non-EU companies to acquire bundled products, ACER notes that, based on the information provided, it is not possible to fully assess the impact of this element. ACER therefore considers this element as noteworthy, and it points out that further investigation is necessary from the Bulgarian NRA to adopt all measures that can mitigate the effects of licensing differences while ensuring seamless application of EU rules.

56 With reference to the measures adopted to alleviate the above-mentioned obstacles, ACER notes that EWRC has taken all possible steps to ensure the highest level of implementation on its side of the interconnection point. Specifically, ACER acknowledges that EWRC has engaged in discussions with both the Serbian NRA and the relevant TSO to address the identified technical constraints and to fully implement the network code provisions to the extent possible within its jurisdiction.

57 ACER notes that the information provided regarding the potential market impact and the demonstration that the derogation would not be detrimental to the proper functioning of the internal natural gas market or to the security of supply of the Union or a Member State is limited. ACER acknowledges EWRC’s position that the time-limited derogation will not affect market dynamics or the security of supply, and the presence of such risks are limited.

4.3. Kyustendil (BG)/Zhidilovo (MK)

58 ACER is of the opinion that the provisions of the CAM NC, included in the derogation request, cannot be effectively applied at the Kyustendil (BG)/Zhidilovo (MK) interconnection point, until the North Macedonian TSO, NOMAGAS, has not fully applied the CAM NC provisions and implemented all technical requirements necessary to bundle capacity products at the interconnection point.

59 Concerning the derogation request from the application of CAM NC Chapter VII, ACER acknowledges that the Bulgarian TSOs has already joined the RBP booking platform and that the North Macedonian TSO plans to do the same.

60 ACER notes that the auction calendar for the Gas year 2027/2028 foresees the offering of the yearly product in July 2027, the first auction for the quarterly products in August 2027 and the first monthly auction in September 2027. ACER remarks that the products mentioned above, with the proposed derogation timeline on the 1 October 2027, will not be offered as bundled products A C E R O P I N I O N N O 0 5 / 2 0 2 6 through the selected joint booking platform, considering that these auctions will be held before the derogation expiration.

61 ACER invites the Bulgarian NRA to consider aligning the derogation request timeline with the auction calendar to enable the offering of bundled capacity for all the products of the Gas year 2027/2028.

62 Concerning the derogation request from the application of the CMP Guidelines at the Kyustendil (BG)/Zidilovo (MK) interconnection point, ACER notes that Recital 95 of the recast Gas Regulation identifies specific circumstances, such as the existence of long-term contractual arrangements, that may prevent the effective application of network codes and guidelines in the short term. ACER considers the circumstances described are justified on the basis of objective reasons and until the termination of the long-term contract on 31 December 2030, for the capacity volumes reserved under the aforementioned contract.

63 With reference to the measures adopted to alleviate the above-mentioned obstacles, ACER notes that EWRC has taken all possible steps to ensure the highest level of implementation on its side of the interconnection point. Specifically, ACER acknowledges that EWRC has engaged in discussions with both the North Macedonian NRA and the relevant TSO to address the identified technical constraints and to fully implement the network code provisions to the extent possible within its jurisdiction.

64 ACER notes that the information provided regarding the potential market impact and the demonstration that the derogation would not be detrimental to the proper functioning of the internal natural gas market or to the security of supply of the Union or a Member State is limited. ACER acknowledges EWRC’s position that the time-limited derogation will not affect market dynamics or the security of supply, and the presence of such risks are limited.

4.4. Strandzha 1 (BG)/Malkoclar (TR) - Strandzha 2 (BG)/Malkoclar (TR)

65 As regards the Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR) interconnection points, ACER points out that the EU regulatory framework, and particularly the network codes and guidelines, are not binding for third countries that are not part of the EU.

66 As a consequence, and due to the fact that some provisions of network codes and guidelines (such as the ones addressing bundled capacity and joint operation of booking platforms) require a coordinated and aligned implementation by the TSOs and/or relevant entities on both sides of an interconnection point, the effective implementation of these provisions is not unilaterally possible by Member States in the absence of such alignment.

67 For the above reasons, in ACER’s view it is not necessary to submit a derogation request from the application of network codes or guidelines at the entry from and exit to Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR) because Bulgaria, as a Member State, cannot implement provisions whose application depends on the simultaneous implementation by the third country, which is outside Bulgaria’s control, as these provisions are not binding for Turkey.

5. Conclusions

68 With reference to the derogation request regarding Kalotina (BG)/Dimitrovgrad (RS), and taking into account all the aforementioned reasons, ACER is of the opinion that in the case at issue a derogation from the application of CAM NC Chapter IV and of Chapter VII, specifically with regard to the bundling of the standard capacity products and to the use of a joint capacity booking A C E R O P I N I O N N O 0 5 / 2 0 2 6

69 In relation to the derogation request regarding Kireevo (BG)/Zaychar (RS) and taking into account all the aforementioned reasons, ACER is of the opinion that in the case at issue a derogation from the application of CAM NC Chapter IV, specifically with regard to the bundling of the standard capacity products, should be granted as the requirements listed in Article 70(3) of the recast Gas Regulation are fulfilled.

70 As regards the derogation request regarding Kyustendil (BG)/Zidilovo (MK), and taking into account all the aforementioned reasons, ACER is of the opinion that in the case at issue a derogation from the application of CAM NC Chapter IV and Chapter VII, specifically with reference to the bundling of the standard capacity products and to the use of a joint capacity booking platform, and from the application of the CMP guidelines, should be granted, as the requirements listed in Article 70(3) of the recast Gas Regulation are fulfilled.

71 Lastly, in relation to the derogation request regarding Strandzha 1 (BG)/Malkoclar (TR) and Strandzha 2 (BG)/Malkoclar (TR), ACER deems it unnecessary to submit a derogation request from the application of the provisions of network codes and guidelines requiring a mutual implementation from Turkey. Indeed, Bulgaria, as a Member State, cannot implement provisions whose application depends on the simultaneous implementation by the third country, which is outside Bulgaria’s control, as these provisions are not binding for Turkey. This Opinion is addressed to the European Commission. Done at Ljubljana, on 28 April 2026. — SIGNED — V. ZULEGER, ACER Director ad interim