The Energy Community Secretariat supports unbundling by providing legal and regulatory guidance to ensure effective separation of natural gas transmission from production and supply activities.

It offers tailored assistance to Contracting Parties in selecting and implementing one of the legally allowed unbundling models:

• Ownership Unbundling (OU), Independent System Operator (ISO), or,
• Independent Transmission Operator (ITO).

This includes review of national legislation, capacity-building workshops, and technical opinions. The Secretariat also facilitates cooperation between regulators, TSOs, and ministries to ensure alignment with EU and Energy Community rules, fostering investment and non-discriminatory network access.
 

The Energy Community Secretariat monitors compliance with unbundling obligations primarily through its role in certifying transmission system operators (TSOs). When a national regulatory authority (NRA) issues a preliminary certification decision under Article 10 of Directive 2009/73/EC, it must notify the Secretariat. The Secretariat then examines the decision for compatibility with:

• Articles 9 (Unbundling),
• 10 (Certification), and,
• 11 (Third-country ownership).

Within four months, the Secretariat issues a formal opinion, taking into account input from the Energy Community Regulatory Board. The national authority must adopt a final certification decision within two months, giving utmost account to the Secretariat’s opinion. If the NRA's final decision diverges, it must provide a reasoned justification, and the case is placed on the Ministerial Council’s agenda for information and discussion.

The regulatory authorities and the Secretariat shall monitor the continuing compliance of transmission system operators with the certification decision and open it if necessary to ensure such compliance, including upon a reasoned request from the Energy Community Secretariat.

In certain cases—such as where the TSO is controlled by entities from third countries—the Secretariat may issue an opinion assessing risks to security of supply, as foreseen under Article 11 of the Directive. The Secretariat can also request additional information from TSOs or related undertakings at any point during the process. This mechanism ensures consistent, transparent, and legally compliant unbundling across Contracting Parties.

Beyond process monitoring, the Secretariat tracks unbundling implementation through its regular work and reports findings in the Annual Implementation Report.