ACER Opinion 06-2026 on the derogation request submitted by the Hungarian Energy and Public Utility Regulatory Authority (MEKH) from the application of the network codes and guidelines

No 06/2026

OPINION

on the derogation request submitted by the Hungarian Energy and Public Utility Regulatory Authority (MEKH) from the application of the network codes and Regulation (EU) 2024/1789, at the entry points from and the exit points to Serbia

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, the Hungarian Energy and Public Utility Regulatory Authority (‘MEKH’) submitted to the European Commission and ACER two derogation requests concerning the two interconnection points connecting Hungary and Serbia. 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. The Hungarian NRA has requested a derogation from the application of Article 19 of Commission Regulation (EU) 2017/459 (‘CAM NC’), specifically with regard to the bundling of standard capacity products at the Kiskundorozsma-1 interconnection point. In addition, MEKH has requested a derogation from the application of CAM NC Article 9, Article 11, and Article 19, specifically from the obligation to offer standard yearly capacity products at the annual auctions and from the bundling of standard capacity products at the Kiskundorozsma-2 interconnection point.

Conclusions

Regarding the derogation request for Kiskundorozsma-1, and taking into account justifications provided by the Hungarian NRA, ACER is of the opinion that, in the present case, a derogation from CAM NC Article 19, specifically with regard to the bundling of standard capacity products, should be granted, as the requirements listed in Article 70(3) of the Gas Regulation are fulfilled. Regarding the derogation request for Kiskundorozsma-2, and taking into account justifications provided by the Hungarian NRA, ACER is of the opinion that, in the present case, a derogation from CAM NC Article 19, specifically with regard to the bundling of standard capacity products, should be granted, as the requirements listed in Article 70(3) of the Gas Regulation are fulfilled. Notably, ACER is of the opinion that, considering the specified timeline, a derogation from the bundling of the yearly capacity product is not necessary. ACER further considers that the requirements under CAM NC Article 9 and Article 11, specifically the obligation to offer standard yearly capacity products at the annual auctions, are currently fulfilled by MEKH on the Hungarian side of the interconnection point to the extent possible, therefore a derogation is not considered necessary.

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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 and guidelines 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 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 6 / 2 0 2 6

6 Furthermore, Recital 95 of the 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 6 / 2 0 2 6

2. Procedure

8 On 5 February 2026, ACER received from the Hungarian Energy and Public Utility Regulatory Authority (‘MEKH’), in written form via electronic post, two requests for a derogation from the application of network codes and guidelines pursuant to Article 70(3) of the 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 requests. ACER has taken due account of the additional information provided by the Hungarian 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 Gas Regulation following the prescribed timeline.

3. Summary of Derogation Request

12 MEKH submitted two derogation requests for the interconnection points connecting Hungary and Serbia: Kiskundorozsma-1 interconnection point and Kiskundorozsma-2 interconnection point. 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.

13 The Kiskundorozsma-1 interconnection point is operated on the Serbian side by Transportgas Srbija LLC Novi Sad (‘Transportgas’), while the Kiskundorozsma-2 interconnection point is operated on the Serbian side by Gastrans d.o.o. Novi Sad (‘Gastrans’). On the Hungarian side, both interconnection points are operated by FGSZ Natural Gas Transmission Ltd (‘FGSZ’).

3.1. Kiskundorozsma-1 interconnection point

14 In its derogation request, MEKH explains that it has contacted AERS, the Serbian regulator, and Transportgas, the Serbian transmission system operator (‘TSO’). 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 Kiskundorozsma-1 interconnection point by 5 August 2026.

15 In particular, the Hungarian NRA has requested a derogation from the application of Article 19 of the Commission Regulation (EU) 2017/459 (‘CAM NC’), specifically with regard to the bundling of standard capacity products at the referred interconnection point.

16 The derogation timeline has been considered, following the auction calendar, to ensure that capacity products are available as bundled by 1 October 2027: • Quarterly products: until 1 August 2027 (Q1–Q4 gas year auctions); A C E R O P I N I O N N O 0 6 / 2 0 2 6 • Monthly products: until 19 September 2027 (October monthly auction); • Daily products: until 29 September 2027 (day-ahead auction); and • Within-day products: until 30 September 2027 (within-day auction).

17 The effective implementation of the CAM NC provision referred above is impeded, within the meaning of Article 70(3)(a) of the Gas Regulation, at the Kiskundorozsma-1 interconnection point by 5 August of 2026 for the following reasons, as described by the Hungarian 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’s 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: yearly, monthly and daily standard product will be offered as unbundled for gas year 2026/27, while the offering of quarterly and within-day standard product together with the bundling of all products is expected to be completed for Gas year 2027/28.

18 The derogation timeline indicated is considered by MEKH as necessary to allow sufficient time for the completion of technical developments and 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 to ensure full compliance with the CAM NC provisions.

19 No technical constraints or implementation impediments have been highlighted by MEKH, which currently applies the CAM NC provisions to the broadest extent possible on the Hungarian side of the interconnection point and awaits developments on the Serbian side to enable the full implementation of capacity bundling.

20 MEKH 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 the network codes and guidelines.

21 Considering that Kiskundorozsma-1 is a unidirectional interconnection point from Hungary to Serbia, MEKH considers that a time limited derogation does not pose risks to the EU internal market or to security of supply, due to primarily serving Serbian domestic consumption and having limited or no effect on the internal EU market.

3.2. Kiskundorozsma-2 interconnection point

22 In its derogation request, MEKH 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 Kiskundorozsma-2 interconnection point by 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 A C E R O P I N I O N N O 0 6 / 2 0 2 6 capacity of the interconnection point on the Serbian side is exempted and allocated under long 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, MEKH has requested a derogation from the application of CAM NC Article 9, Article 11, and Article 19, specifically from the obligation to offer standard yearly capacity products at the annual auctions and the obligation to offer them as bundled products, until 30 September 2027.

25 In addition, MEKH has requested a derogation from the application of CAM NC Article 19, specifically for the bundling of short-term capacity products in accordance with a differentiated timeline, so as to ensure that these capacity products are available by 1 October 2027 as of the start of Gas year 2027/2028: • Quarterly products: until 1 August 2027 (Q1–Q4 gas year auctions), • Monthly products: until 19 September 2027 (October monthly auction), • Daily products: until 29 September 2027 (day-ahead auction), • Within-day products: until 30 September 2027 (within-day auction)

26 In MEKH’s view, the effective implementation of CAM NC provisions referred above is impeded, within the meaning of Article 70(3)(a) of the Gas Regulation, at the Kiskundorozsma-2 interconnection point for the following reasons, as described by the Hungarian regulator: • Firstly, the Exemption Act affects the allocation of transmission capacity rights and constitutes an objective legal constraint, within the meaning of Article 70(3) of the 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, Gastrans further indicated that the immediate application of bundled capacities is not feasible until certain technical adjustments are performed on its Electronic Data Platform.

27 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.

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

29 MEKH 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 the network codes and guidelines.

30 MEKH considers that granting the requested derogation for the Kiskundorozsma-2 interconnection point does not pose risks to the internal gas market or to security of supply, as A C E R O P I N I O N N O 0 6 / 2 0 2 6 the pipeline has operated effectively under the current regulatory framework to date. MEKH further states that approximately 90–95% of the available capacity is already contracted on both sides in the period under consideration.

4. ACER assessment

4.1. Kiskundorozsma-1 interconnection point

31 ACER is of the opinion that CAM NC Article 19, mentioned in the derogation request, cannot be effectively applied at the Kiskundorozsma-1 interconnection point, until the Serbian TSO on the other side of the interconnection point, Transportgas, fully applies the CAM NC with all its technical requirements to bundle capacity products at the interconnection point.

32 With reference to the measures adopted to alleviate the above-mentioned obstacles, ACER notes that MEKH has taken all possible steps to ensure the highest level of implementation on its side of the interconnection point. Specifically, ACER acknowledges that MEKH 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.

33 Concerning market impact and the demonstration that the derogation is not detrimental to the proper functioning of the internal market for natural gas or to the security of supply of the Union or of a Member State, ACER considers that, based on the information provided by the Hungarian NRA, no significant effects on market dynamics or security of supply risks are identified.

4.2. Kiskundorozsma-2 interconnection point

34 ACER is of the opinion that CAM NC Article 19 cannot be effectively applied at the Kiskundorozsma-2 interconnection until the Serbian TSO on the other side of the interconnection point, Gastrans, has fully applied the CAM NC with all its technical requirements to bundle capacity products at the interconnection point.

35 Concerning the derogation request from the application of Article 9 and Article 11, ACER is of the opinion that the requirements under CAM NC Article 9 and 11 are currently fulfilled by the Hungarian TSO to the extent possible. Until the bundling of the product is not possible this entails the possibility for the Hungarian TSO to offer standard yearly capacity product as unbundled on its side of the interconnection point.

36 ACER remarks that, on the basis of the information it has collected, yearly capacity products are already offered on the Hungarian side of the interconnection point as unbundled in the RBP platform. No further obligation in reference to the aforementioned articles have been identified by ACER that would require a derogation to be requested by the Hungarian NRA.

37 ACER highlights that the capacity auctions for bundled products will cover only 10% of the technical capacity at the interconnection point, as the rest is exempted on the Serbian side.

38 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.

39 ACER notes that the foreseen timeline for the offering of bundled yearly products, following the proposed derogation timeline of 30 September 2027, entails that the first auction for yearly products, after the expiry of the derogation, will take place in July 2028 for the Gas year A C E R O P I N I O N N O 0 6 / 2 0 2 6 2028/2029 product. However, following further bilateral discussions, the Hungarian NRA confirmed to ACER that its intention is to have all capacity products offered as bundled at both interconnection points as of 1 October 2027. The derogation deadline for the yearly product was not specified with the same level of precision or rationale as for the other products. In particular, the timeline included in the derogation request, 30 September 2027, needs to be understood as the date after which the yearly product will be made available as bundled, rather than being linked to the timing of the annual yearly auction.

40 ACER observes, in agreement with the Hungarian NRA, that following the logic underpinning the derogation request for the other products, a derogation is not required for the bundling of the yearly product until the intended offering date of 1 October 2027. This is because the first yearly auction for the Gas year 2027/2028 product will, in any event, take place in July 2027, after the 5 August deadline set out in Article 70(3) of the Gas Regulation.

41 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 national regulatory authority to adopt all measures that can mitigate the effects of licensing differences while ensuring seamless application of EU rules.

42 With reference to the measures adopted to alleviate the above-mentioned obstacles, ACER notes that MEKH has taken all possible steps to ensure the highest level of implementation on its side of the interconnection point. Specifically, ACER acknowledges that MEKH 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.

43 Concerning market impact and the demonstration that the derogation is not detrimental to the proper functioning of the internal market for natural gas or to the security of supply of the Union or of a Member State, ACER considers that, based on the information provided by the Hungarian NRA, no significant effects on market dynamics or security of supply risks are identified.

5. Conclusions

44 With reference to the derogation request at Kiskundorozsma-1, 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 Article 19, specifically with regard to the bundling of standard capacity products, should be granted as the requirements listed in Article 70(3) of the Gas Regulation are fulfilled.

45 In relation to the derogation request at Kiskundorozsma-2, 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 Article 19, specifically with regard to the bundling of standard capacity products, should be granted as the requirements listed in Article 70(3) of the Gas Regulation are fulfilled. Notably, ACER is of the opinion that, considering the specified timeline, a derogation from the bundling of the yearly capacity product is not necessary. ACER is of the opinion that the requirements under CAM NC Article 9 and Article 11, specifically the obligation to offer standard yearly capacity products at the annual auctions, are currently fulfilled by MEKH on the Hungarian side of the interconnection point to the extent possible, therefore a derogation is not considered necessary. A C E R O P I N I O N N O 0 6 / 2 0 2 6 This Opinion is addressed to the European Commission. Done at Ljubljana, on 28 April 2026. — SIGNED — V. ZULEGER, ACER Director ad interim