Väljaminev kiri
| Dokumendiregister | Konkurentsiamet |
| Viit | 4-17/2026-003-14 |
| Registreeritud | 16.04.2026 |
| Sünkroonitud | 17.04.2026 |
| Liik | Väljaminev kiri |
| Funktsioon | 4 Rahvusvaheline koostöö |
| Sari | 4-17 ACER (CEER) regulaatoritega ja Euroopa Komisjoniga seotud kirjavahetus |
| Toimik | 4-17/2026 |
| Juurdepääsupiirang | Avalik |
| Juurdepääsupiirang | |
| Adressaat | Agency for the Cooperation of Energy Regulators (ACER) |
| Saabumis/saatmisviis | Agency for the Cooperation of Energy Regulators (ACER) |
| Vastutaja | Armin Ilisson (Konkurentsiamet, Energiateenistus) |
| Originaal | Ava uues aknas |
Failid
From: Armin Ilisson - KA <[email protected]>
Sent: Thu, 16 Apr 2026 12:35:08 +0000
To: Gaia MORLEO (ACER) <[email protected]>; Kaspar Selke - KA <[email protected]>
Cc: Marilin Tilkson - KA <[email protected]>; Csilla BARTOK (ACER) <[email protected]>; Joaquin GARCIA GIMENEZ (ACER) <[email protected]>; Cristiano ARTIZZU (ACER) <[email protected]>; Alessandro BARBIERO (ACER) <[email protected]>; Camilla CRISMA (ACER) <[email protected]>
Subject: RE: ACER draft reasoned opinion on ECA derogation request - for comments by 9 Apr COB
Dear Gaia,
Thank you for your response and for outlining your perspective regarding the draft opinion. We appreciate your acknowledgment of our differing interpretations regarding the regulation and your overall commitment to consumer protection.
Nevertheless, we must respectfully maintain our previously submitted position concerning the Luhamaa interconnection point.
Furthermore, we wish to address the assertion that ACER possesses no information regarding the legal interpretation of the European Commission on this specific matter.
We would like to remind you of a communication sent to the Estonian Competition Authority by your representative Alessandro Barbiero on December 9 2025 (please see the attachment). In that correspondence it was explicitly stated that following previous exchanges with European Commission colleagues, ACER understood the provided clarifications were sufficient to conclude that no derogation would be required for the interconnection points connecting to the Russian borders.
Since this prior communication clearly indicated an understanding derived directly from discussions with the European Commission we firmly stand by our assessment.
In conclusion we would be grateful if our specific position is clearly reflected within the summary section of the derogation request
Best regards, |
From: Gaia MORLEO (ACER) <[email protected]>
Sent: Thursday, April 16, 2026 3:15 PM
To: Armin Ilisson - KA <[email protected]>; Kaspar Selke - KA <[email protected]>
Cc: Marilin Tilkson - KA <[email protected]>; Csilla BARTOK (ACER) <[email protected]>; Joaquin GARCIA GIMENEZ (ACER) <[email protected]>; Cristiano ARTIZZU (ACER) <[email protected]>; Alessandro BARBIERO (ACER) <[email protected]>; Camilla CRISMA (ACER) <[email protected]>
Subject: RE: ACER draft reasoned opinion on ECA derogation request - for comments by 9 Apr COB
Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. |
Dear Armin,
Thank you very much for the feedback provided.
We believe that the latest version of the draft opinion (shared on 14 April), which includes an additional paragraph further complementing the text with ECA’s considerations in the email below, further clarifies the reasons for ECA to submit a derogation request. In general, we believe that the summary of the derogation request of ECA in Section 3 of the draft ACER opinion reflects well ECA’s reasons, which was clearly expressed by ECA in its derogation request and in the telcos held.
We are aware, as discussed in our dedicated telcos, that the legal understanding of ECA on the matter is different from the legal understanding of ACER. We take the opportunity to also remind that ACER’s approach in the reasoned opinion is focused on protecting Estonian and Union consumers by analysing the effects of the usage of the infrastructure on them (as ECA and Amber Grid have correctly already done in setting up the current system before 5 August 2026), based on which ACER concludes that the current framework established by ECA is fit to ensure the protection of Estonian and Union consumers (pending INT NC Article 16’s implementation solution, if a reasonable solution is possible).
We take the opportunity to inform that we have no information on the legal interpretation of the European Commission on the matter, i.e. if it coincides with ECA’s or ACER’s.
Thank you kindly for your cooperation.
Best,
Gaia
Gaia Morleo |
Policy Officer – Gas Markets |
Gas, Hydrogen, and Retail Department |
T: +386 8 2004 680 |
M: +386 51 288 654 |
Email: [email protected] |
My working hours may not be the same as yours. Please do not feel obliged to respond outside of your regular work schedule.
|
EU Agency for the Cooperation of Energy Regulators |
Trg republike 3, |
SI-1000 Ljubljana, Slovenia |
Subscribe to ACER's Latest News. |
DISCLAIMER: The information and views set out in this message and attachments are those of the author and cannot be considered as an official communication or position of the European Union Agency for the Cooperation of Energy Regulators, unless expressly stated otherwise in written. The information contained in this message and attachments are intended solely for the attention and use of the named addressee. They may be confidential, privileged or otherwise protected from disclosure. If you receive this message in error, please contact the sender immediately and irrevocably delete or destroy this message, any attachments and any copies. Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. The sender cannot be held responsible for a change to this message, including its annexes that would result from its electronic transmission.
Please consider the environment before printing this email.
From: Armin Ilisson - KA <[email protected]>
Sent: 15 April 2026 11:19
To: Gaia MORLEO (ACER) <[email protected]>; Kaspar Selke <[email protected]>
Cc: marilin tilkson <[email protected]>; Csilla BARTOK (ACER) <[email protected]>; Joaquin GARCIA GIMENEZ (ACER) <[email protected]>; Cristiano ARTIZZU (ACER) <[email protected]>; Alessandro BARBIERO (ACER) <[email protected]>; Camilla CRISMA (ACER) <[email protected]>
Subject: RE: ACER draft reasoned opinion on ECA derogation request - for comments by 9 Apr COB
Caution: This email originated from outside ACER. Be vigilant.
Dear Gaia,
We appreciate the recent additions. We respectfully propose including the following note from the Estonian Competition Authority under the summary of the derogation request:
The Estonian Competition Authority wishes to draw attention to our interpretation regarding the applicability of Regulation (EU) 2024/1789 and its associated network codes. The Luhamaa interconnection point is utilized exclusively for transit purposes to Kaliningrad. Because this specific infrastructure operates with a purely transit objective it does not serve the European internal market and therefore, in our view, the internal market regulation does not apply to it.
Following this reasoning we observe that if the facility is entirely separate from the internal market the network codes and guidelines referred to in Article 70 paragraph 1 of the Regulation do not need to be implemented at the Luhamaa point. This situation inherently raises a significant legal and procedural issue regarding whether a derogation can or should even be requested or issued for a point that does not fall under the regulatory scope of the aforementioned Regulation. If the infrastructure is completely outside the purview of the internal market provisions it follows logically that a formal derogation procedure is inherently unnecessary and potentially inapplicable.
We note that the current draft opinion suggests the network codes established under the Regulation should still apply to some extent at the Luhamaa location.
Best regards, |
From: Gaia MORLEO (ACER) <[email protected]>
Sent: Tuesday, April 14, 2026 11:27 PM
To: Armin Ilisson - KA <[email protected]>; Kaspar Selke - KA <[email protected]>
Cc: Marilin Tilkson - KA <[email protected]>; Csilla BARTOK (ACER) <[email protected]>; Joaquin GARCIA GIMENEZ (ACER) <[email protected]>; Cristiano ARTIZZU (ACER) <[email protected]>; Alessandro BARBIERO (ACER) <[email protected]>; Camilla CRISMA (ACER) <[email protected]>
Subject: RE: ACER draft reasoned opinion on ECA derogation request - for comments by 9 Apr COB
Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. |
Dear Armin, dear Kaspar,
Following up on last Friday’s telco, please find attached the revised version of the draft ACER opinion, which reflects our positive and constructive discussion.
If you have any further comments, please do not hesitate to contact me.
Best Regards,
Gaia on behalf of the ACER derogations drafting team
Gaia Morleo |
Policy Officer – Gas Markets |
Gas, Hydrogen, and Retail Department |
T: +386 8 2004 680 |
M: +386 51 288 654 |
Email: [email protected] |
My working hours may not be the same as yours. Please do not feel obliged to respond outside of your regular work schedule.
|
EU Agency for the Cooperation of Energy Regulators |
Trg republike 3, |
SI-1000 Ljubljana, Slovenia |
Subscribe to ACER's Latest News. |
DISCLAIMER: The information and views set out in this message and attachments are those of the author and cannot be considered as an official communication or position of the European Union Agency for the Cooperation of Energy Regulators, unless expressly stated otherwise in written. The information contained in this message and attachments are intended solely for the attention and use of the named addressee. They may be confidential, privileged or otherwise protected from disclosure. If you receive this message in error, please contact the sender immediately and irrevocably delete or destroy this message, any attachments and any copies. Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. The sender cannot be held responsible for a change to this message, including its annexes that would result from its electronic transmission.
Please consider the environment before printing this email.
From: Armin Ilisson - KA <[email protected]>
Sent: 09 April 2026 13:47
To: Gaia MORLEO (ACER) <[email protected]>; Csilla BARTOK (ACER) <[email protected]>; Joaquin GARCIA GIMENEZ (ACER) <[email protected]>; Cristiano ARTIZZU (ACER) <[email protected]>; Alessandro BARBIERO (ACER) <[email protected]>; Camilla CRISMA (ACER) <[email protected]>
Cc: Kaspar Selke <[email protected]>; marilin tilkson <[email protected]>
Subject: RE: ACER draft reasoned opinion on ECA derogation request - for comments by 9 Apr COB
Mõnedele selle sõnumi saanud inimestele ei saadeta aadressilt [email protected] meilisõnumeid. Lugege täpsemat teavet selle kohta, miks see on oluline |
Caution: This email originated from outside ACER. Be vigilant.
Dear Gaia, dear ACER colleagues,
The Estonian Competition Authority appreciates the opportunity to review the draft opinion prepared by ACER concerning the derogation request for the Luhamaa entry and exit point.
- 1. We would like to draw attention to a fundamental divergence between the position presented in the draft opinion and the prior regulatory consensus regarding the applicability of Regulation (EU) 2024/1789. As previously established, the Luhamaa interconnection point is utilized exclusively for transit purposes to Kaliningrad. Because it does not serve the European internal market, we have formerly received guidance from the European Commission indicating that the aforementioned Regulation, alongside its related network codes and guidelines, does not apply to this specific interconnection point.
Consequently, the prevailing understanding has been that an exemption under Article 70 paragraph 3 of Regulation (EU) 2024/1789 is inherently unnecessary. This interpretation was explicitly corroborated by a representative of ACER in an email dated December 9, 2025. In that communication, it was confirmed that following exchanges with European Commission colleagues, the provided clarifications were deemed sufficient to conclude that no derogation would be required for interconnection points connecting to the Russian borders.
Given this established background, we note with concern that the current draft opinion departs from this shared understanding by suggesting that the network codes established under the Regulation should still apply to some extent at the Luhamaa point. We respectfully request that the draft opinion be reconsidered and aligned with the previously confirmed position that the internal market rules and corresponding network codes do not govern an interconnection point used purely for transit (in this case Luhamaa).
- 2. During the meeting, a question about the daily multipliers was brought up. We have now confirmed with our tariff team that it is correct that a daily multiplier of 1.5 is also applied at the Luhamaa entry point.
- 3. An additional question that was brought up was concerning the imbalance charges at Luhamaa. Estonian TSO assured that in the very unlikely event of there being an imbalance between the Luhamaa and Kiemenai entry/exit points, the imbalance is covered in the same way as between other entry/exit points.
- 4. Regarding the Article 16 of IO NC, Estonian TSO has informed us that it is indeed the case that the measuring equipment for the gas quality is on the Russian side of the border. For Estonian TSO to be able to publish the necessary information stemming from the article, it would mean the construction of separate measuring equipment on the Estonian side of the border.
If you have any additional questions, then please don’t hesitate to contact us.
Best regards, |
From: Gaia MORLEO (ACER) <[email protected]>
Sent: Wednesday, April 1, 2026 9:59 PM
To: Armin Ilisson - KA <[email protected]>; Kaspar Selke - KA <[email protected]>
Cc: Csilla BARTOK (ACER) <[email protected]>; Joaquin GARCIA GIMENEZ (ACER) <[email protected]>; Cristiano ARTIZZU (ACER) <[email protected]>; Alessandro BARBIERO (ACER) <[email protected]>; Camilla CRISMA (ACER) <[email protected]>
Subject: ACER draft reasoned opinion on ECA derogation request - for comments by 9 Apr COB
Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. |
Dear Armin, dear Kaspar,
Please find attached the draft ACER reasoned opinion on ECA’s request for derogation from the application of the EU gas network codes and guidelines at the Luhamaa interconnection point.
We would appreciate your feedback on the document by 9 April COB. As discussed, this would allow us to follow all the procedures which would ensure the submission of the opinion to EC by the three months established in the recast Gas Regulation.
As agreed, we are going to propose you, via a separate email, some timeslots for a telco on 10 April to discuss your written feedback.
Thank you kindly for your cooperation in advance and happy to discuss at any time.
Best Regards,
Gaia on behalf of the Derogations drafting team
Gaia Morleo |
Policy Officer – Gas Markets |
Gas, Hydrogen, and Retail Department |
T: +386 8 2004 680 |
M: +386 51 288 654 |
Email: [email protected] |
My working hours may not be the same as yours. Please do not feel obliged to respond outside of your regular work schedule.
|
EU Agency for the Cooperation of Energy Regulators |
Trg republike 3, |
SI-1000 Ljubljana, Slovenia |
Subscribe to ACER's Latest News. |
DISCLAIMER: The information and views set out in this message and attachments are those of the author and cannot be considered as an official communication or position of the European Union Agency for the Cooperation of Energy Regulators, unless expressly stated otherwise in written. The information contained in this message and attachments are intended solely for the attention and use of the named addressee. They may be confidential, privileged or otherwise protected from disclosure. If you receive this message in error, please contact the sender immediately and irrevocably delete or destroy this message, any attachments and any copies. Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. The sender cannot be held responsible for a change to this message, including its annexes that would result from its electronic transmission.
Please consider the environment before printing this email.
Article + paragraph
Comment, together with a proposal for alternative drafting
Article 2
Paragraph 1, 2, 3
Comment: Estonia, Finland and Latvia have been in communication with the European Commission regarding Article 70 (2(d)) of Regulation (EU) 2024/1789 previously and received a statement explaining that since the aforenamed Regulation deals with EU internal gas markets and since there is no gas flow from Russia at the boarders of the mentioned countries, then there is no need to apply Article 70(2(d)) of Regulation (EU) 2024/1789.
Now if we come to the revised CAM NC, Article 2 paragraph 1 states: “This Regulation shall apply to interconnection points. By 5 August 2026, it shall also apply to entry points from and exit points to third countries, unless a derogation has been granted in accordance with Article 70(3) of Regulation (EU) 2024/1789. …”. The constricting statement of the application area of CAM NC being in Article 40 “… This Regulation shall be binding in its entirety and directly applicable in all Member States.”
Currently there is a disparity in the application of the 2 different regulations for the concerned countries. According to the European Commission’s interpretation Regulation (EU) 2024/1789 says that we do not have to apply the regulation Article 70(2(d)) for interconnection points with Russia with in the concerned Member States and another, which, although should be derived from the previous regulation but in contrary, says that within our Member States we do have to apply it at the interconnection points at the Russian border. This sort of mismatch causes undue confusion and goes against even the Commissions explanation for the existence of Article 2 paragraph 1 which was said to help inform the reader in case they aren’t familiar with the secondary legislation of 2024/1789, but instead rather causes a misunderstanding between the two.
We propose the following simple amendment which will better align the revised CAM NC with the current Regulation (EU) 2024/1789 and will greatly assist all the countries that are bordering Russia but have no gas flow with them. In addition, this change is better in line with the recital 7a of CAM NC which states that “This Regulation should be applied, in accordance with Article 70 (2) and (3) of Regulation (EU) 2024/1789, within the territories of the Member States to entry points from and exit points to third countries. …”
Amendment: “This Regulation shall apply to interconnection points. By 5 August 2026, it shall also apply to entry points from and exit points to third countries pursuant to Article 70 of Regulation (EU) 2024/1789, unless a derogation has been granted in accordance with Article 70(3) of Regulation (EU) 2024/1789. Until 4 August 2026, this Regulation may apply to entry points from and exit points to third countries subject to the decision of the relevant national regulatory authority. This Regulation shall not apply to exit points to end consumers and distribution networks, entry points from liquefied natural gas’ (LNG) terminals and production facilities, and entry points from or exit points to storage facilities.”
This amendment will also have to take into consideration the text mentioning third countries in Article 2 paragraphs 2 and 3 by having them reference Regulation (EU) 2024/1789.
Comment:
Amendment:
Comment:
Amendment:
Comment:
Amendment:
Comment:
Amendment:
Seosed
| Nimi | K.p. | Δ | Viit | Tüüp | Org | Osapooled |
|---|---|---|---|---|---|---|
| Sissetulev kiri | 16.04.2026 | 1 | 4-17/2026-003-15 | Sissetulev kiri | ka | Agency for the Cooperation of Energy Regulators (ACER) |
| Sissetulev kiri | 16.04.2026 | 1 | 4-17/2026-003-13 | Sissetulev kiri | ka | Agency for the Cooperation of Energy Regulators (ACER) |
| Väljaminev kiri | 15.04.2026 | 1 | 4-17/2026-003-12 | Väljaminev kiri | ka | Agency for the Cooperation of Energy Regulators (ACER) |
| Sissetulev kiri | 15.04.2026 | 1 | 4-17/2026-003-11 🔒 | Sissetulev kiri | ka | Agency for the Cooperation of Energy Regulators (ACER) |
| Sissetulev kiri | 10.04.2026 | 3 | 4-17/2026-003-9 | Sissetulev kiri | ka | Agency for the Cooperation of Energy Regulators (ACER) |
| Väljaminev kiri | 10.04.2026 | 3 | 4-17/2026-003-10 | Väljaminev kiri | ka | Agency for the Cooperation of Energy Regulators (ACER) |