On 27 July 2026, the European Commission published a proposal for a Council Decision establishing the EU position to be adopted within the EEA Joint Committee regarding an amendment to Annex IV (Energy) of the EEA Agreement. The amendment would incorporate Commission Regulation (EU) No 312/2014, the Network Code on Gas Balancing of Transmission Networks, into the EEA legal framework. The proposal affects EU Member States and the three EEA EFTA states—Norway, Iceland, and Liechtenstein—with exemptions for the latter due to the absence of relevant gas networks.
The proposal, designated COM(2026)389, is based on Article 95 TFEU in conjunction with Article 218(9) TFEU and Article 1(3) of Council Regulation (EC) No 2894/94. The EU position is set out in a draft EEA Joint Committee decision annexed to the proposal. The decision, once adopted, will be binding under international law pursuant to Articles 103 and 104 of the EEA Agreement.
The Network Code on Gas Balancing of Transmission Networks, originally adopted in 2014, establishes harmonised rules for gas balancing in transmission networks across the EU. Its incorporation into the EEA Agreement aims to ensure uniform application of EU energy rules within the European Economic Area. However, the three EEA EFTA states are exempted to a certain extent from the homogeneity principle of Article 1(1) of the EEA Agreement, justified by the lack of existing relevant gas networks in those countries.
The proposal now awaits adoption by the Council of the European Union. Once the Council adopts its decision, the EU will formally present the position within the EEA Joint Committee. The EEA Joint Committee decision will then be incorporated into the EEA Agreement, extending the gas balancing rules to the EEA EFTA states with the specified exemptions.