On 27 July 2026, the European Commission published a proposal for a Council Decision establishing the EU's position within the EEA Joint Committee to incorporate Commission Regulation (EU) 2017/459 on capacity allocation mechanisms in gas transmission systems into Annex IV (Energy) of the EEA Agreement. The regulation, which repeals Regulation (EU) No 984/2013, sets out a network code harmonising how gas transmission capacity is allocated across the EU. The proposal would extend these rules to all 30 EEA states, but exempts the three EEA EFTA states (Iceland, Liechtenstein, and Norway) from the homogeneity principle of Article 1(1) of the EEA Agreement, justified by the absence of relevant gas networks in those countries.
The proposal 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 Council Decision would enter into force on the date of its adoption. The move aims to ensure consistent application of EU gas market rules across the EEA, while acknowledging the specific situation of EFTA states without gas infrastructure. The EEA Joint Committee is expected to adopt the amendment following the Council's position. No prior coverage of this file exists in the last 180 days.