State of compliance

There is no gas market in Montenegro as of today.

The majority of the Third Energy Package obligations in the gas sector were transposed through the adoption of the Energy Law in 2015 and the Law on Cross-Border Exchange of Electricity and Natural Gas in 2016. Nevertheless, Montenegro continues to have a number of missing or ambiguously transposed provisions. The missing secondary legal acts are currently under preparation and are expected to complete the legal framework. 

  • Unbundling


    Ownership unbundling is set in the Law as the only applicable model for Montenegro. The Law is compliant with the gas acquis unbundling and certification requirements. Requirements for unbundling of distribution and storage operators are set according to Directive 2009/73/EC. Rules on certification of system operators, adopted by the Energy Regulatory Agency (ERA), are in line with the Law. 

  • Third Party Access

    Third Party Access

    In line with the Third Energy Package, Montenegro has established tariff methodologies and systems for access to networks. Technical assistance to ERA has been provided by the EU for drafting missing methodologies for transmission, distribution, storage systems and LNG facilities.

    The Energy Law and the Law on Cross-Border Exchange of Electricity and Natural Gas is ensuring non-discriminatory access to the transmission and distribution networks as well as to storage facilities and LNG terminals.

    One of the missing provisions is the requirement to reason refusals or deviations from the Secretariat’s opinions. The Law also inordinately limits the wording of the Gas Directive as it implies that only a transmission system operator can apply for an exemption and not a project promoter in general.

  • Wholesale market

    Wholesale market

    The list of acts which need to be adopted should cover market concepts or market rules. In theory, the market is open, in line with the Third Energy Package, and general balancing and imbalance charges provisions are transposed.

    The Energy Law is mentioning in an abstract way that gas market rules principles should be reflected in the principles outlined in the Regulation of the electricity market.   

  • Retail market

    Retail market

    The Law’s general provisions will have to be elaborated in secondary legislation. Eligibility is guaranteed by the Law to all final customers but there is no specification whether wholesale customers (traders) are considered to be eligible under the existent framework.

    Customer protection and vulnerable customer protection measures are transposed by the Law but contractual rights of customers as prescribed by Annex I of Directive 2009/73/EC are not covered.

    Security of gas supply standards, public supply and supplier of last resort provisions are transposed in line with the Third Energy Package by the Energy Law and the Law on Cross-Border Exchange.

  • Interconnectivity


    The Ionian Adriatic Pipeline (IAP), which is to connect the existing Croatian gas transmission system with Montenegro and Albania with the Trans Adriatic Pipeline (TAP), is considered by the country to be the most suitable project which could provide initial supply of gas to its territory. However, the Contracting Party has not considered other options.

    According to the Law on Cross-Border Exchange of Electricity and Natural Gas, the Government has a special obligation to adopt relevant by-laws which are related to security of supply. As soon as the final investment decision on the corresponding gas infrastructure is made, relevant by-laws will need to be adopted in a time window of twelve months.