The European Union Agency for the Cooperation of Energy Regulators (ACER) publishes today its Opinion on the elements of the Decision to grant an exemption from the obligation to enable permanent physical bi-directional capacity at the "Deutschneudorf EUGAL "cross-border interconnection point (IP), between Germany and the Czech Republic. The Decision was taken by Bundesnetzagentur, Germany's National Regulatory Authority and grants the exemption for a period of four years.
ACER assessed the elements of the Decision in view of the SoS Regulation and concluded that the Decision generally follows the requirements. ACER found the infrastructure standard indicators foreseen in the SoS Regulation to be already at adequate levels in Germany, in the Czech Republic and in Poland.
ACER also notes the existence of available, but unexploited, permanent bi-directional capacity from the Czech Republic to Germany at the nearby Brandov virtual IP. Adding capacity from the Czech Republic to Germany in the short- to medium-term may result in considerable investment costs, which are likely to outweigh the prospective benefits for security of gas supply.
ACER further notes that the request for the exemption does not include some key elements for taking a well-informed Decision: such as feasibility study, cost-benefit analysis carried out pursuant to the relevant methodology (foreseen by Regulation (EU) 347/2013), and a meaningful consultation process by the transmission system operators. The Decision could have also included options for monitoring the adequacy level of gas security of supply standards in the longer term, after two years.
ACER builds its Opinion on a technical analysis of the available SoS indicators and capacities provided by the Joint Research Centre (JRC) of the European Commission (EC). ACER's Opinion is submitted to the EC for possible further action, and to all competent authorities and national regulatory authorities concerned.
Access the Opinion at this link.