On 27 July 2026, the European Commission published a proposal for a Council decision establishing the EU position within the EEA Joint Committee to incorporate Commission Regulation (EU) 2017/460 — the network code on harmonised gas transmission tariff structures — into Annex IV (Energy) of the EEA Agreement. The proposal, COM(2026)392, also includes an exemption for the three EEA EFTA states (Iceland, Liechtenstein, and Norway) from the homogeneity principle, citing the absence of a relevant gas network in those countries.
The network code, originally adopted in 2017, sets out harmonised rules for gas transmission tariff structures across the EU, aiming to facilitate cross-border trade and market integration. Its extension to the EEA is a routine step to ensure uniform application of EU energy rules within the broader European Economic Area. The draft EEA Joint Committee decision exempts the EFTA states from applying the code because they lack interconnected gas networks that would be affected by the tariff rules.
The Commission's proposal requires Council approval because the exemption goes beyond mere technical adaptations, necessitating a political decision. The legal basis for the proposal is Article 95 TFEU (internal market), read in conjunction with Article 218(9) TFEU (international agreements) and Article 1(3) of Council Regulation (EC) No 2894/94 (implementing rules for the EEA Agreement). Once adopted by the Council, the EU position will be presented to the EEA Joint Committee, whose decision will be binding under international law (Articles 103 and 104 of the EEA Agreement) and published in the Official Journal of the European Union.
The proposal primarily affects EU and EEA regulatory bodies, national authorities, and gas transmission system operators. For EU member states, the incorporation ensures consistent tariff structures across the EEA, reducing regulatory fragmentation and supporting cross-border gas trade. The exemption for EFTA states avoids imposing unnecessary obligations where no gas network exists, preventing administrative burden without undermining market integration. The Council is expected to deliberate on the proposal in the coming months, with the EEA Joint Committee decision likely to follow thereafter.