Can I grant access rights to entities established in third countries?
In principle, yes. However, the Commission must be notified when access rights are granted to third parties if such access rights could be harmful to the interests of the European economy or to ethical principles (see Article II.35.1.b of Annex II). The Commission has the right to object to access being granted for the same reasons. Generally speaking, the granting of access rights to entities established in third countries (i.e. other than Member States and Associated States) is more likely to be opposed, but the evaluation is made by the Commission on a case-by-case basis, and it is not possible to predict the result. The Commission has published a document on this issue in order to facilitate the understanding of its right to object and to provide some examples.
Related Questions
- Will Non-Opt In Entities (NOIEs) who are current Transmission Congestion Rights (TCR) account holders need to submit contracts to prove eligibility?
- If Non-Opt In Entities (NOIEs) want to receive Flow Gate Rights (FGRs), how are they allocated?
- Can I grant access rights to entities established in third countries?
