Opinion 06/2026

ACER Opinion 06/2026 was published on 6 May 2026 and recommends that the European Commission grant a derogation to Hungary from Article 19 of the CAM (Capacity Allocation Mechanism) Network Code at the Kiskundorozsma-1 Hungary-Serbia gas interconnection point. The derogation was requested by Hungary's energy regulator MEKH on 5 February 2026 under Article 70 of EU Gas Regulation 2024/1789. The European Commission has until 5 August 2026 to issue its decision.

Article 19 of the CAM Network Code requires transmission system operators at cross-border interconnection points to offer capacity products bundled across both sides of the border, reducing transaction friction for shippers. The rationale for derogation at Kiskundorozsma-1 is that Serbia is an EU accession candidate rather than a full EU member, meaning the Serbian side of the interconnection does not operate under the same regulatory framework as EU TSOs — making strict CAM bundling compliance operationally impractical without a Serbian regulatory counterpart to coordinate with. Opinion 06/2026 was published alongside six other NRA derogation opinions on the same date, reflecting a wave of Article 70 submissions following the entry into force of Regulation 2024/1789.

The opinion is advisory: ACER has no power to grant or refuse derogations — that decision sits with the European Commission. the Commission is not bound by ACER's recommendation but has historically followed it in the majority of NRA derogation cases. The 5 August 2026 deadline creates a defined decision window. If no Commission decision issues before that date, the derogation request is deemed refused by operation of law under Regulation 2024/1789. The outcome will set a precedent for similar requests at other EU-non-EU interconnection points processing post-2024 derogation applications.