text: Regulation (EU) 2024/1789

text: of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations

text: (EU) No 1227/2011

text: (EU) 2017/1938

text: (EU) 2019/942

text: and

text: (EU) 2022/869

text: and Decision

text: (EU) 2017/684

text: and repealing

text: Regulation (EC) No 715/2009

text: (recast) Official Journal L, 2024/1789, 15.7.2024.

text: Commission Regulation (EU) 2017/459 of 16 March 2017

text: establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing

text: Regulation (EU) No 984/2013

text: . C/2017/1660. Official Journal L 72, 17.3.2017. 3 I.e. points connecting the Spanish gas network with LNG terminals, biomethane and renewable hydrogen plants, storages, and network points connected to third countries.

text: Regulation (EU) 2024/1789

text: (EU) No 1227/2011

text: (EU) 2017/1938

text: (EU) 2019/942

text: and

text: (EU) 2022/869

text: and Decision

text: (EU) 2017/684

text: and repealing

text: Regulation (EC) No 715/2009

text: (recast). Official Journal 2024/1789, 15.7.2024. ‘Until 5 February 2026, regulatory authorities may submit a request to the Commission for a derogation from the application of the network codes and guidelines referred to in paragraph 1 at entry points from and exit points to third countries pursuant to paragraph 2, point (d). The request for a derogation shall be submitted simultaneously to the Commission and to ACER. Within three months of the date of receipt of the request for a derogation ACER shall provide a reasoned opinion to the Commission. The Commission shall adopt a decision on the request for a derogation, taking into account ACER’s reasoned opinion and after assessing whether the regulatory authority has: (a) demonstrated that a network code or guideline, or specific element of those acts, cannot be effectively implemented at entry points from and exit points to third countries; in the case of interconnection points with third countries which have the obligation to adapt to the Union energy acquis, including this Regulation, pursuant to an agreement concluded between the Union and those third countries, but where application or implementation has not been completed, the request for a derogation shall specify which provisions of this Regulation have not been effectively applied or implemented in the third country concerned or which technical rules or lack of technical rules in the third country impede the application of the specific provisions of the relevant network code or guideline; (b) explained which measures were taken to alleviate the obstacles to the application of the specific provisions of the relevant network code or guideline; (c) demonstrated 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. The derogation shall be limited to the specific provisions that cannot be effectively implemented and shall be granted for a limited period of time.’

text: Regulation (EU) No 984/2013

text: . C/2017/1660. Official Journal L 72, 17.3.2017. Page 7 of 15

text: Chapter V of the CAM NC has been declared inapplicable under

text: Article 277

text: TFEU by the Judgment of the General Court of 16 March 2022 — MEKH and FGSZ v ACER (Joined Cases

text: and

text: In December 2025, CNMC launched a public consultation on the draft derogation request for the Almería and Tarifa network points. Two responses were received (from Enagás and CORES), both expressing support for the draft derogation request.

text: At least three weeks before the auctions start, instead of the CAM NCs provision of at least one month before the auctions start. At least two weeks before the auction starts, or after the quarterly capacity allocation, instead of the CAM NC provision of at least one week before the auction starts. 11 Until 1 July 2025 a share of 5% of transportation capacity was also reserved for quarterly, monthly and daily products.

text: See the relating documents at the following link: Informes de supervisión de mecanismos de asignación de capacidad | CNMC. 13 ACER also highlights the need for Enagás to comply with CAM NC

text: Article 11(11)

text: Article 12(9)

text: Article 13(9)

text: Article 14(10)

text: Article 15(13)

text: Article 17(18)

text: , and

text: Article 17(21)

text: , by publishing the aggregated information of the results of the capacity auctions on its website by avoiding any restricted access to such data. 14 Regarding the CAM NC provisions requiring mutual implementation with the adjacent TSO, ACER considers a derogation request unnecessary. Spain, as an EU Member State, cannot implement provisions whose application depends on simultaneous implementation by a third country which is outside its control, as these provisions are not binding upon Algeria and Morocco. 15 At such points, a lead time of at least 15 minutes before the end of the renomination cycle is established (the renomination cycles last 2 hours at such points). CAM NC provisions instead establish a minimum lead time of at least 45 minutes after the start of the renomination cycle.

text: The obligation to apply all network codes and guidelines at entry points from and exit points to third countries from 5 August 2026 is established in

text: Article 70(2)

text: (d) of the Gas Regulation, which was published on 15 July 2025.

text: Some provisions of the TAR NC could address the specific circumstances highlighted by CNMC. For example, TAR NC

text: Article 12(1)

text: establish that the level of multipliers and of seasonal factors may be different at interconnection points, TAR NC

text: Article 13(1)

text: (a) establish that the multipliers for quarterly and monthly products must not be less than 1, TAR NC

text: Article 28

text: sets the procedures and the criteria for consultations on, among others, multipliers and seasonal factors. These provisions could support lower multipliers for shorter-term products at those points, especially at the Almería point, registering a prevalence of gas yearahead and calendar year-ahead products booked, and where there may be a need to book year-ahead capacity closer to the delivery date.

identifier: ACER Opinion No 11/2026

title: ACER Opinion 11-2026 on the derogation request submitted by the Spanish National Markets and Competition Authority (CNMC) from the application of the network codes and guidelines

text: No 11/2026

text: OPINION

text: on the derogation request submitted by the Spanish National Markets and Competition Authority (CNMC) from the application of the network codes and guidelines, referred to in Article points from and the exit points to the Medgaz pipeline and the Maghreb-Europe Gas pipeline

text: 30 April 2026

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: Executive summary

text: Pursuant to

text: Article 70(3) of Regulation (EU) 2024/1789

text: (‘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 4 February 2026, the Spanish National Markets and Competition Commission (‘CNMC’) submitted to the European Commission and ACER a request for a derogation (in Spanish and English) from the application of specific provisions of

text: Commission Regulation (EU) 2017/459

text: (‘CAM NC’) regarding the Almería and Tarifa entry points from and exit points to third countries (‘network points connected to third countries’). The request concerns a derogation from the application of several provisions of the abovementioned Regulation until 31 December 2032. Specifically, CNMC requests a derogation from the provisions of the CAM NC related to the type of products offered in addition to the CAM NC’s standard products, the provisions on interruptible capacity, the number of products offered in each auction date, the methodology for capacity calculation, the auction calendar, the timings for the notification of capacity offered in the gas yearly auctions, and the publication provisions.

text: The Spanish gas network connects several types of points. The provisions of the CAM NC fully apply to the Spanish network points with EU Member States. For all other points , CNMC introduced a standardised allocation methodology in 2019. Specifically, the allocation rules for LNG terminals, storage facilities, and network points connected to third countries are aligned to the greatest possible extent to maximise the utilisation of the Spanish gas network. The design and continued implementation of this capacity allocation framework have been endorsed by stakeholders. Furthermore, CNMC has not received any complaints regarding this mechanism since its introduction nor has it received any requests to implement the CAM NC at these points.

text: This capacity allocation framework was established before the publication of the Gas Regulation. The Gas Regulation, under

text: Article 70(2)

text: , includes the entry points from and exit points to third countries in the scope of network codes and guidelines as of 5 August 2026.

text: The Gas Regulation also acknowledges that specific circumstances may prevent the effective application of network codes and guidelines in the short term, allowing NRAs to submit a request for a derogation to the European Commission, which shall adopt a decision. The Gas Regulation also clarifies that a derogation shall be limited to the specific provisions that cannot be effectively implemented and shall be granted for a limited period of time, i.e. the minimum necessary period to remove the existing obstacles for the application of the network codes or guidelines.

text: CNMC carried out a public consultation on its draft derogation request in December 2025, which received support from stakeholders.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: The request for derogation of CNMC is of temporary nature, i.e. CNMC requests to continue applying the specific allocation mechanisms for the Almería and Tarifa network points connected to third countries after the legal deadline of 5 August 2026 and until 31 December 2032.

text: Conclusion

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: 1. Background

text: Regulation (EU) 2024/1789

text: (‘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.

text: Article 70(2)

text: (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.

text: 3 Furthermore,

text: Article 70(3)

text: 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, referred to in the aforementioned

text: Article 70(1)

text: , at entry points from and exit points to third countries pursuant to

text: Article 70(2)

text: (d).

text: 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

text: Article 70(3)

text: (a), (b) and (c).

text: 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.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: 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.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: 2. Procedure

text: 8 On 4 February 2026, ACER received from the Spanish National Markets and Competition Commission (‘CNMC’), in written form (in Spanish and English) via electronic post, a request for a derogation from the application of network codes and guidelines at entry and exit points with third countries 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 interacted with the involved NRA to further clarify elements included in the derogation request. ACER took due account of the additional information provided by the NRA in its assessment. 10 On 1 April 2026, ACER shared the draft version of the reasoned opinion with CNMC for a factual check and to verify the completeness of the information provided. 11 On 30 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.

text: 3. Summary of Derogation Request

text: 12 The derogation request submitted by CNMC refers to the application of

text: Commission Regulation (EU) 2017/459

text: (‘CAM NC’) at the following entry points from and exit points to third countries (‘network points connected to third countries’): 1) Almería point from the Medgaz pipeline. 2) Tarifa point to the Maghreb-Europe Gas pipeline. 13 For both points, CNMC requests a derogation from the following CAM NC Articles: •

text: Article 6(1)

text: (a) concerning bundled capacity. •

text: Article 6(4)

text: concerning the inclusion of changes on bundled capacity in ACER report on contractual congestions. •

text: Article 8(2)

text: , (6), (7), (8) concerning the start of auctions, the reservation of capacity for shortterm and long-term products, and the reservation of incremental capacity. •

text: Articles 11(1)

text: , (4), (6), (8) and (9), concerning the auctions of yearly capacity. •

text: Article 12(3)

text: , (4) and (7), concerning the auctions of quarterly capacity. •

text: Article 13(2)

text: , (3), (4), (6) and (7), concerning the auctions of monthly capacity. •

text: Article 14(2)

text: , (3), (4), (5), (6) and (9), concerning the auctions of daily capacity. •

text: Article 15(2)

text: , (3), (9) and (10), concerning the auctions of intraday capacity. •

text: Article 19

text: , concerning bundled capacity products. •

text: Article 21

text: , concerning the bundling of capacity in the case of existing transmission contracts.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: • Chapter V (

text: Articles 22

text: to 31), concerning the offer of incremental capacity .

text: • Chapter VI (

text: Articles 32

text: to 36), concerning the offer of interruptible capacity.

text: 14 CNMC derogation request is aimed at maintaining at such points the existing allocation methodology established under CNMC Circular 2/2025, and under CNMC circular 8/2019 earlier, performed via the booking platform ‘SL-ATR’ operated by the Spanish transmission system operator (‘TSO’), Enagás.

text: 15 CNMC states that the reasons for the derogation request are the following:

text: • As Algeria and Morocco are not bound by the Union energy acquis, mandatory bundling of capacity or coordinated incremental capacity procedures cannot be effectively implemented in the absence of voluntary cooperation by the respective pipeline operators.

text: • The allocation of capacity at such points is based on the CAM NC but adding more capacity products, which are allocated through the same CAM NC auction design but offering the standardised products in more frequent auctions. Therefore, the capacity allocation mechanism in place improves the one defined in CAM NC in favour of the market and security of supply. It is also fully integrated with the allocation of capacity at LNG terminals and underground storage facilities since 2020. This alignment allows network users and market participants to manage their supply portfolios efficiently, switching between LNG and pipeline capacities in a coordinated and consistent way.

text: • The allocation methodology follows the same principles and present reduced differences compared to the CAM NC. Nevertheless, it satisfies better market’s needs, as it has been designed based on several consultation processes and offers more products and more frequent auctions than those established in the CAM NC, providing the market with more instruments to respond to volatility.

text: • CAM NC implementation would lead to users’ confusion and possible mistakes, since different products and calendars would coexist at the same time on the same platform (only interconnection points between EU Member States are offered in a different platform, i.e. PRISMA).

text: • The design and continued implementation of this capacity allocation framework have been endorsed by stakeholders. Furthermore, CNMC has not received any complaints regarding this mechanism since its introduction nor has it received any requests to implement the CAM NC at these points.

text: • As for the entry point of Almería, CNMC states that Algeria has become a key and reliable source for the diversification of gas in Europe.

text: • Implementing CAM NC would require IT and logistical adjustments for regulated operators and network users, which would ultimately be passed on to Spanish and European consumers with no market benefit.

text: • The request is of temporary nature.

text: • The CAM NC implementation (which would imply reduction in products and auctions) will result in less user flexibility, potentially impacting on security of supply. This, together with the misalignment and lack of coordination between LNG and IP products, will lead to negative economic consequences for Union and Spanish consumers.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: 4. ACER assessment

text: 4.1. Application of CAM NC at the Almería and Tarifa network points connected to third countries

text: 16 The Spanish gas network connects several types of points: interconnection points with EU Member States, network points connected to third countries, biomethane and renewable hydrogen plants, LNG terminals, storage facilities, and domestic points.

text: 17 In 2019 the Spanish Government transferred to CNMC the responsibility to establish methodologies for network access and connections.

text: 18 The provisions of CAM NC fully apply to the Spanish interconnection points with EU Member States. For all other points of the Spanish gas network (LNG terminals, storage facilities, domestic points, and network points connected to third countries), CNMC introduced a standardised allocation methodology in 2019.

text: 19 The allocation framework at the Almería and the Tarifa points differs from the CAM NC provisions with regard the types of products offered (in addition to the CAM NC’s standard products), the provisions on interruptible capacity, the number of products available at each auction date, the capacity calculation methodology, and the auction calendar, the timings for the notification of capacity offered in the gas yearly auctions, and the publication provisions.

text: 20 Specifically, the allocation rules for LNG terminals and network points connected to third countries are aligned to the greatest possible extent to maximise the utilisation of the Spanish gas network. Such rules are not fully aligned with some provisions of the CAM NC as they were first established in 2019, when there was no obligation to apply CAM NC provisions to network points connected to third countries. Stakeholders have unanimously expressed their support in setting up such standardised rules in dedicated public consultations and workshops.

text: 21 The obligation to apply all network codes and guidelines at entry points from and exit points to third countries from 5 August 2026 is established in

text: Article 70(2)

text: (d) of the Gas Regulation, which was published on 15 July 2025. The Gas Regulation establishes a regulatory framework fully aligned with the provisions of the network codes and guidelines to avoid market fragmentation and to ensure the good functioning of the Union energy market.

text: 22 The capacity allocation rules for Almería and Tarifa were confirmed by CNMC Circular 2/2025, issued on 9 April 2025, and further confirmed by CNMC in January 2026, following a public consultation launched on 19 December 2025 . This section provides an overview of the main provisions differentiating the capacity allocation framework included in CNMC’s derogation request with the provisions of the CAM NC, as well as an overview of the capacity booked at those points since this framework is in operation, i.e. since 2020.

text: Product definition

text: 23 CAM NC includes in the list of yearly standard products only the gas year product, i.e. with delivery from 1 October to 30 September the following year. At the Almería and Tarifa points, in addition to the yearly gas product (October-September), three more types of yearly products are offered: calendar year (January-December), storage year (April-March), July-to-June year.

text: 24 The quarterly, monthly, daily, and within-day products are aligned with those of the CAM NC (however offered differently from CAM NC, as explained in the paragraph below).

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: Products offered

text: 25 The gas year products are offered in the gas yearly auctions starting with the next gas year and th until the 15 following gas year, whereas the calendar, storage, and July-to-June years are auctioned only for the upcoming year.

text: 26 The next three quarters are offered in each quarterly auction, i.e. unlike CAM NC provisions, establishing that the quarters shall be offer only for the same gas year.

text: 27 The next three months are offered in the monthly auctions, whereas in the CAM NC only the next month is offered. Furthermore, the next three months do not stop within the same gas year, i.e. they are offered rolling at each of auction.

text: 28 In each daily auction, not only the next day but all the days until the last day of the calendar month are offered.

text: Auction calendar

text: 29 The auction calendar differs from the one established in the CAM NC.

text: 30 The yearly gas products are offered in September (i.e. two months after the corresponding auction based on the CAM NC), the calendar year product is offered in December, the storage year product is offered in March, the July-to-June year product is offered in June.

text: 31 Short-term products, like quarterly products, are offered in March, June, September, and December (i.e. one month after the CAM NC calendar), and monthly products are offered on the third Thursday of the month preceding the delivery month at the earliest (i.e. three days after the CAM NC calendar).

text: Notification of the amount of capacity to be offered

text: 32 The TSO notifies network users of the amount of capacity to be offered in the gas yearly product auctions with a shorter notice period than that foreseen in CAM NC and notifies network users of the amount of capacity to be auctioned for each month for the upcoming monthly capacity auction with a longer notice period than that foreseen in CAM NC .

text: Derogation from the ‘set-aside’ rule

text: Article 8(6)

text: and (7) of the CAM NC establish that at least 20% of technical capacity must be reserved to certain products to limit up-front bidding capacity by any single network user: 10% shall be reserved for products from the year ‘Y+1’ to the year ‘Y+5’ and further 10% shall be reserved for quarterly products. At the Almería and Tarifa points, such provisions do not apply, as 50% of capacity is reserved for the auctions of yearly products from the year ‘N+2’ to the year ‘Y+15’ .

text: Derogation from the ‘cascading’ principle

text: 34 CAM NC

text: Article 8(3)

text: is not listed in CNMC’s derogation request. ACER notes that the current framework for capacity allocation implies also a derogation from the provisions of CAM NC

text: Article 8(3)

text: , according to which capacity products shall follow a logical order by which products covering yearly capacity shall be offered first, followed by the product with the next shortest duration for use during the same period.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: Publication of auction results

text: 35 Following the conclusion of the auction, results are available via the ‘SL-ATR’ platform of Enagás, accessible to natural gas system users holding SIFCO and EIC codes and to Spanish regulatory bodies Such results are not made public. Whereas there is regulatory oversight, as CNMC published and analyses all the results in dedicated annual reports .

text: 36 CAM NC

text: Article 11(11)

text: Article 12(9)

text: Article 13(9)

text: Article 14(10)

text: Article 15(13)

text: Article 17(18)

text: , and

text: Article 17(21)

text: establish the obligation for the TSO to publish aggregate information on the auction results, by ensuring unrestricted access to these results .

text: Provisions requiring mutual implementation with the adjacent TSO

text: 37 CNMC also asks for a derogation from some CAM NC provisions requiring mutual implementation with the adjacent TSO, namely CAM NC

text: Article 6(1)

text: (a),

text: Article 6(4)

text: Article 19

text: , and

text: Article 21

text: Interruptible capacity products

text: 38 CNMC asks for a derogation from all the provisions on interruptible capacity established in CAM NC Chapter VI. Most provisions of Chapter VI are implemented by CNMC. Those not implemented by CNMC are the offer of interruptible within-day capacity via renominations and the provisions on the minimum lead time for interruption .

text: Historical capacity booking levels

text: 39 At both Almería and Tarifa, no capacity was successfully allocated in the yearly auctions held for the gas years from the year ‘Y+6’ to the year ‘Y+15’.

text: 40 As regards the bookings of year-ahead products:

text: • At the Almería entry point, the gas-year-ahead product emerges as the most requested product, i.e. approximately 62% of the total capacity offered across all the auctions held since 2020 was successfully allocated. A comparable trend is observed for the calendar-yearahead product, which saw an allocation rate of around 61% over the same period. In contrast, the storage-year-ahead product exhibited significantly lower demand, clearing in four of the five auctions it was offered, with total allocated capacity remaining below 27% of the volumes made available. The least requested annual product over the last five years was the July-to- June year-ahead product; it was successfully allocated in only two of the five auctions in which it was offered, averaging 14% of the total capacity offered.

text: • At the Tarifa exit point, no year-ahead capacity was ever allocated in the auctions held from 2020 to 2025.

text: Regarding the allocation of quarterly products offered beyond a gas year:

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: • At the Almería entry point, quarterly capacity for products beyond the same gas year cleared in only three auctions between 2020 and 2025 (out of a total of 20 auctions held). The average requested capacity in these instances was less than 14% of the total volume offered.

text: • At the Tarifa exit point, quarterly capacity was never allocated.

text: Regarding the allocation of monthly products currently not covered by standard CAM NC rules, i.e., the ‘rolling’ next three months:

text: • At Almería, this capacity was allocated in nine auctions (out of a total of 60 auctions held in the observed five years), with the total allocated volume representing approximately 25% of the corresponding capacity offered.

text: • At Tarifa, this capacity was allocated in one auction, with the total allocated volume representing around 31% of the total capacity offered.

text: 41 No data on interruptible capacity is included in the CNMC annual reports or was provided from CNMC to ACER; therefore, ACER cannot assess this element.

text: 42 Finally, the yearly, quarterly, and monthly products are allocated via ascending clock auctions, while daily and within-day products use a uniform price methodology, in line with the CAM NC provisions, using the TSO’s electronic platform.

text: 4.2. ACER considerations

text: 43 The request for derogation of CNMC is of temporary nature, i.e. until 31 December 2032.

text: 44 The current framework for capacity allocation in the Spanish gas system is the result of important and market-based regulatory developments established by CNMC. As explained in Section 4.1 above, following the market requests expressed in public consultations processes and in dedicated open discussions, the allocation rules at network points connected to third countries have been aligned to the maximum possible extent to the capacity allocation rules of the LNG terminals to maximise the utilisation of the Spanish gas network.

text: 45 Specifically, in 2019 the Spanish Government transferred to CNMC the responsibility to establish methodologies for network access and connections.

text: 46 While the CAM NC provisions apply to the interconnection points ‘VIP Iberico’ (with Portugal) and ‘VIP Pirineos’ (with France), different capacity allocation rules apply at all the other points of the Spanish network (Almería, Tarifa, storage, LNG, distribution).

text: 47 The design and continued implementation of this capacity allocation framework have been endorsed by stakeholders. Furthermore, CNMC has not received any complaints regarding this mechanism since its introduction, nor has it received any requests to implement CAM NC at these points.This design has been developed by CNMC when there was no obligation to apply CAM NC provisions to network points connected to third countries and, while maintaining the basic principles of the CAM NC, it presents differences from the CAM NC.

text: 48 The Gas Regulation enlarges the scope of application of the network codes and guidelines to entry points from and exit points to third countries to promote regulatory alignment and seamless application of the Union energy market rules and establishes a limited time for the validity of a derogation, i.e. the minimum necessary period to remove the existing obstacles for the application of the network codes or guidelines.

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text: 49 Capacity allocation rules within the Spanish system include additional features compared to the provisions of the CAM NC, therefore it presents varying degrees of alignment with the framework of the CAM NC. The allocation algorithms are fully consistent with CAM NC. Specifically, the ascending clock auction is applied to yearly, quarterly, and monthly products, and the uniform price auction allocation is used for daily and within-day capacity. While all standard CAM NC products are offered, the Spanish system includes additional features, such as three extra types of yearly products and specific provisions regarding interruptible capacity. Several elements differ from the CAM NC provisions, i.e. the provisions on interruptible capacity, the auction calendar, the notification timings, the number of products offered in the auctions, the publication of the results, the deviation from the ‘set-aside’ rule, the deviation from the ‘cascading’ principle.

text: 50 Data on capacity bookings at the Almería and Tarifa points included in Section 4.1. above show that the additional features provided by this allocation mechanism to the market appear not to be fully utilised by the network users:

text: • Regarding the Almería point, ACER notes the interest of network users mostly focused on purchasing the gas-year-ahead products, the gas year products three or four years prior to the relevant delivery period, the ‘next gas-calendar-year’ product, and quarterly products covering the winter period.

text: • Regarding the Tarifa point, despite a wide range of products offered (from ‘Y+15’ to withinday, including storage and calendar years), only monthly products, in particular month-ahead products, have been successfully allocated since the implementation of these rules. This point is at present solely used to export gas from Spain towards Morocco.

text: • This shows that rules for standardised CAM products could be aligned with the corresponding CAM NC provisions. However, ACER considers that:

text: o It is not possible to objectively assess whether capacity would have been booked, for each product, at the same or different levels than those recorded since 2020, had the Spanish allocation rules been fully aligned with the CAM NC. This is due to several factors: the non-application of the ‘set-aside’ rule and of the ‘cascading’ principle; the offering of additional types of yearly products; the offering of quarterly products beyond the gas year of the auction date; and the different auction calendar.

text: o The rules set out in the CAM NC provide flexibility for network users to acquire transmission capacity rights according to their commercial strategies. Furthermore, ACER highlights the benefits of applying the standardised CAM NC rules at all the network points established in Article 70(2) of the Gas Regulation to ensure transparency, predictability, and the presence of competitive and integrated markets across the Union. However, to objectively quantify this element with reference to the Almería and Tarifa points, specific feedback would be needed more market participants, including feedback on their expectations.

text: o Therefore, ACER will not conclude on the potential impact on the capacity bookings deriving from the full application of all CAM NC provisions.

text: • In relation to the predominant role of LNG in the Spanish gas imports and exports and the benefits of aligning the LNG points with the network points connected to third countries under the current flexible allocation design, ACER considers that it is not possible to objectively assess the effects on the Union and Spanish market, after 5 August 2026, in case of a misalignment between the CAM NC provisions and the provisions to allocate capacity for LNG terminals and the other points of the Spanish network.

text: • Furthermore, ACER is of the opinion that, from a legislative perspective, there are no critical obstacles preventing the full implementation of all CAM NC provisions at these points over a reasonable time that allows CNMC to carry out a public consultation and discussions with the relevant stakeholders to collect specific feedback. ACER acknowledges that ITinvestments would likely be needed by Enagás in case of full implementation of CAM NC.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6

text: • ACER acknowledges the existence of specific circumstances at such points, which are connected through international pipelines to markets at a different level of development than the Union gas internal market. ACER has no full visibility on supply arrangements concerning Algerian production and capacity contractual access in Algeria and Morocco, therefore ACER is not in a position to assess the impact of these contracts on an alignment with CAM NC auctions or their possible impact on the Spanish market and, consequentially, on the Union gas market .

text: 51 ACER notes that some of the proposed amendments to the CAM NC, if confirmed in the current comitology process, would be beneficial for network users at such points, e.g. the TSO could offer the non-allocated yearly and quarterly capacity volumes in subsequent auctions to be held later; the monthly auctions will allocated the next three months; ‘balance of the month’ products will be offered. ACER is of the opinion that a consultation shall be carried out by CNMC once the new provisions of the amended CAM NC enter into force, in view of finding a suitable alignment with the provisions of the revised CAM NC.

text: 52 Furthermore, ACER notes the gas of Algerian origin accounts for approximately 35% of the Spanish demand, is a key source of gas for Spanish customers, supporting Spanish security of supply with significant volumes. At the same time, a different regime than the CAM NC may reduce the benefits of the functioning of the internal market. The Gas Regulation establishes the obligation to implement network codes and guidelines at network points connected to third countries from 5 August 2026. Applying network codes and guidelines at the network points connected to countries, given the integration of all EU gas markets and the associated interdependencies, supports the avoidance of market fragmentation and ensures the seamless functioning of the Union’s internal market.

text: 5. Conclusions

text: 53 ACER acknowledges the predominant role of LNG in the Spanish gas market and the rationale that brought CNMC to align the capacity allocation design of the Tarifa and Almeria points to the allocation design for LNG and storage infrastructure, set up based on the CAM NC principles. However, based on the elements of the derogation request, ACER considers that it is not possible to objectively assess whether the CAM NC can be fully implemented at these points, nor to assess the potential impact of such implementation on the market after 5 August 2026.

text: 54 In Section 4 of this Opinion, ACER has analysed the derogation request of CNMC to assist the European Commission in its decision. In this context, and noting that this aspect may be taken into account in the decision of the European Commission, ACER further notes that, taking into consideration the European Commission’s decision and in light of the design established by the European Commission, it will be important for CNMC to conduct a comprehensive public consultation, once the CAM NC is amended, with the results duly published. ACER notes that CNMC agrees with the need to conduct such consultation. This process should focus on the implementation of the revised CAM NC, duly ensuring a timely alignment with the Union gas market.

text: A C E R O P I N I O N N O 1 1 / 2 0 2 6 This Opinion is addressed to the European Commission. Done at Ljubljana, on 30 April 2026. — SIGNED — V. ZULEGER, ACER Director ad interim


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identifier: ACER Opinion No 12/2013

publisher: Europeiska unionens byrå för samarbete mellan energitillsynsmyndigheter

sprak: en

title: ACER Opinion 12-2013 on the Network Code on Operational Planning and Scheduling (OPS)

serie: yttranden

text: Publishing date: 20/06/2013

type: stycke

text: Document title:

text: We appreciate your feedback

text: Publishing date: 20/06/2013

text: Document title:

text: We appreciate your feedback

type: vagledning

utgivare: acer


identifier: ACER Opinion No 12/2014

title: ACER Opinion 12-2014 on the ENTSO-E Annual Report 2013

text: Publishing date: 20/06/2014

text: Document title:

text: We appreciate your feedback

text: Publishing date: 20/06/2014

text: Document title:

text: We appreciate your feedback


identifier: ACER Opinion No 12/2015

title: ACER Opinion 12-2015 on the ENTSO-E Annual Report 2014

text: Publishing date: 28/10/2015 Document title: ACER Opinion on the ENTSO-E Annual Report 2014

text: We appreciate your feedback

text: We appreciate your feedback


identifier: ACER Opinion No 12/2016

title: ACER Opinion 12-2016 on the ENTSO-E Draft TYNDP 2016 Scenario Development Report

text: Publishing date: 07/10/2016 Document title: ACER Opinion 12-2016

text: We appreciate your feedback

text: We appreciate your feedback


identifier: ACER Opinion No 12/2017

title: ACER Opinion 12-2017 on the ENTSO-E Annual Report 2016


text: OJ L 259, 27.9.2016, p. 42.

text: Signed by: Alberto Pototschnig

identifier: ACER Opinion No 12/2018

title: ACER Opinion 12-2018 on the Amendments to ENTSO-E FCA Monitoring Plan

text: OPINION No 12/2018 OF THE AGENCY FOR THE COOPERATION OF ENERGY REGULATORS of 26 October 2018

type: rubrik

text: ON THE AMENDMENTS TO THE ENTSO-E MONITORING PLAN IN ACCORDANCE WITH ARTICLE 63(2) OF COMMISSION REGULATION

text: (EU) 2016/1719

text: OF 26 SEPTEMBER 2016 ESTABLISHING A GUIDELINE ON FORWARD CAPACITY ALLOCATION

text: THE AGENCY FOR THE COOPERATION OF ENERGY REGULATORS,

text: Having regard to

text: Commission Regulation (EU) 2016/1719 of 26 September 2016

text: establishing a guideline on forward capacity allocation (“FCA Guideline”) and, in particular,

text: Article 63(2)

text: thereof,

text: Whereas:

text: (1) On 14 April 2017, the European Network of Transmission System Operators for Electricity (‘ENTSO-E’) submitted to the Agency its plan for the monitoring of the implementation of forward capacity allocation and the establishment of a single allocation platform in accordance with Article 63(2) of the FCA Guideline (‘FCA Monitoring Plan’) to the Agency for its opinion.

text: (2) The Agency published an Opinion on the ENTSO-E FCA Monitoring Plan on 7 November 2017, inviting ENTSO-E to revise the FCA Monitoring Plan, taking the Agency’s concerns into consideration.

text: (3) On 24 April 2018, ENTSO-E submitted to the Agency its amendments to the FCA Monitoring Plan, including an accompanying document ‘ENTSO-E feedback on ACER’s Opinion of 7 November 2017 on the ENTSO-E FCA Monitoring Plan’ explaining the changes made and the underlying reasons.

text: (4) For its assessment of the ENTSO-E Monitoring Plan, the Agency took into account the scope and purpose of ENTSO-E’s monitoring duties regarding network codes and guidelines under

text: Regulation (EC) No 714/2009

text: , as well as the matters that the monitoring plan must cover pursuant to Article 63(1) of the FCA Guideline,

text: HAS ADOPTED THIS OPINION:

text: The Agency welcomes the alignment of the monitoring plans, pursuant to

text: Commission Regulation (EU) 2015/1222 of 24 July 2015

text: establishing a guideline on capacity allocation and congestion management and pursuant to the FCA Guideline, and hopes that the harmonisation of the monitoring activities will enhance the coherence between the different reports and increase the efficiency of the different drafting processes. The Agency also appreciates that ENTSO-E eventually accepted to include in its FCA Monitoring Plan an overview of the implementation of the significant provisions of the FCA Guideline (such as the provisions related to the Harmonised Allocation Rules (HAR)), as requested by the Agency in its Opinion.

text: While the Agency does not consider that the FCA Monitoring Plan needs to be amended again, it invites ENTSO-E seriously to consider the following elements, which are still not adequately described in the FCA Monitoring Plan after its amendments.

text: The monitoring of regional firmness regimes was shortly mentioned by ENTSO-E in its accompanying document. However, this subject was not reflected in the amendments to the FCA Monitoring Plan. Therefore, the Agency invites ENTSO-E to keep in mind that the report on the progress and potential problems with the implementation of forward capacity allocation according to

text: Article 63(1)

text: (a) of the FCA Guideline shall provide a full overview of all the regional provisions covered in regional annexes in the context of forward capacity allocation.

text: Regarding the report on the effectiveness of the operation of the forward capacity allocation and the single allocation platform according to

text: Article 63(1)

text: (d) of the FCA Guideline, the Agency still maintains that the first submission should not be conditional on the establishment of the single allocation platform, as the effectiveness of the operation of forward capacity allocation can be assessed independently of the implementation of the single allocation platform. Therefore, the Agency invites ENTSO-E to shift the first submission of this report to an earlier date linked to the HAR.

text: As mentioned in section 3.3 of the FCA Monitoring Plan, a consultation with the Agency is necessary for the statistical and quality indicators on capacity calculation, in accordance with Article 26(4) of the FCA Guideline. The Agency has received this document and understands that, for the moment, the description of the indicators cannot be provided in full detail, since the forward capacity calculation compliant with the FCA Guideline has not yet been implemented. The Agency requests to be consulted on these indicators again once implementation has moved to a further stage and, in any case, well in advance of the drafting of the report using these indicators.

text: Finally, this Opinion is focused on general aspects related to the FCA Monitoring Plan and does not evaluate the appropriateness of the scope and action plans of the reports listed therein. In the Agency’s view, such an evaluation will be appropriate once more clarity and details on these reports are available.

text: Done at Ljubljana on 26 October 2018.

text: X

text: For the Agency Director ad interim

text: Alberto POTOTSCHNIG


identifier: ACER Opinion No 12/2019

title: ACER Opinion 12-2019 on the ENTSO-E Balancing Monitoring Plan