Secretariat’s Report on Interoperability and Data Exchange Network Code highlights legal vacuum on EU-Contracting Party gas interconnectors

Gas
29 March 2019

The Secretariat published today a report analysing the state of implementation of the network code on interoperability and data exchange in the Energy Community Contracting Parties. The report draws attention to the legal gap on gas interconnection points between the Contracting Parties and EU Member States due to the lack of binding applicability of the interoperability network code.  

The Contracting Parties and EU Member States are both obliged to bring existing or conclude new Interconnection Agreements in line with the requirements of the network code. However, this obligation does not apply on the interconnectors between Contracting Parties and EU Member States. The Secretariat considers the current commitment to voluntarily apply network codes on common interconnection points insufficient for providing legal certainty.

Based on an analysis of twenty interconnection points, fourteen of which are between Contracting Parties and EU Member States, the report concludes that the overall level of implementation is still at a low level. Certain Contracting Parties partially comply with the rules set by the network code, most notably Ukraine that applies the relevant provisions on units, data exchange and short-term gas quality monitoring rules on the interconnection points with neighbouring EU Member States.