Free access to energy infrastructures

With the liberalization of the energy market in Europe, unbundling was also introduced, that is the accounting and management separation of companies that deal with the production of energy and the transmission of electricity and gas. Therefore, operators of electricity and gas transmission systems (TSOs) and operators of storage or LNG facilities are required to grant energy companies non-discriminatory access to their infrastructure. They must offer the same service to different users under identical contractual conditions.

Under certain circumstances, however, new large infrastructures may be exempted from so-called third party access rules. For example, they may be exempted for particularly risky investments such as cross-border gas pipelines or LNG terminals that could not be built if normal rules apply.
These exemptions are linked to strict conditions for investments in both electricity and gas. The European Commission is responsible for verifying compliance. Otherwise, the Commission can ask the national authorities to modify or withdraw the exemptions.​
​
​Reference documents:
. Decision on conditions for access to the natural gas transmission networks (2010/685/EU) 
. Conditions for access to the network for cross-border exchanges in electricity [SEC(2009) 642]
. Interpretive note on third-party access to storage facilities in the Electricity Directive and the Natural Gas
​. Directive Regulation on Conditions for Access to the Natural Gas Transmission Networks (715/2009/EC)
. Regulation on Conditions for Access to the Network for Cross-Border Exchanges in Electricity (714/2009/EC)
. Common Rules for the Internal Market in Natural Gas Directive (2009/73/EC)
. Common Rules for the Internal Market in Electricity Directive (2009/72/EC)

Rules of exceptions for gas


The following criteria apply for gas infrastructure exemptions:
​
  • the investment must improve security of supply and boost competition in the gas market
  • the investment could not go ahead without the exemption due to the level of risk
  • the infrastructure must be owned by a legally separate firm from the TSO in whose system it will operate
  • users of the infrastructure must pay for access
  • the exemption does not harm the functioning of the EU's internal gas market or the transmission system to which the infrastructure is linked.

Rules for exceptions for electricity


The following criteria apply for electricity infrastructure exemptions:
​
  • the investment must enhance competition in the electricity supply
  • the investment could not be taken without the exemption due to the level of risk
  • the infrastructure must be owned by a legally separate firm from the TSO in whose system it will operate
  • users of the infrastructure must pay for access
  • investment for the project cannot be made from capital gained through income from transmission systems to which it will be linked
  • the exemption does not harm the functioning of the EU's internal gas market or the transmission system to which the infrastructure is linked.

Exceptions: in force, pending and derogations

​​