INTRODUCTION

The third Energy Package entered into force in 2009 and aims at further liberalising the EU electricity and gas markets. In addition, it obliges ENTSO-E, ENTSOG, and ACER to develop network codes and guidelines, meant to harmonize the more technical aspects of the European internal energy market. To ensure fairness to various Member States, for instance with regard to different maturity of energy markets, regional specificities may be taken into account.

At the same time, the key objective of the Energy Community (EnC) Treaty is to extend the EU internal energy market rules and principles6 to countries in Southeast Europe, the Black Sea region and beyond, on the basis of a univocal, legally binding framework. The harmonised legal framework on both sides of the border – in Member States of the European Union (EU) and in Contracting Parties to the EnC – is the pre-requisite for energy market integration, and for ensuring a level playing field for market participants.

The extension of the ‘acquis communautaire’ on energy (hereafter energy acquis) to the EnC Contracting Parties presumes the transposition of the European network codes and guidelines (NC & GLs) for gas and electricity in the national legal framework of these countries. Electricity NC & GLs pertaining to markets, adapted for use in the jurisdictions of the Contracting Parties, were adopted by the Ministerial Council of the Energy Community on 15 December 2022,7 and transposition in the Contracting Parties is currently ongoing. While this decision was adopted by EnC, this Chapter will solely focus on the implementation of the electricity NC & GLs.