Key data
| Regulation | Council Decision (EU) 2026/2239, of 24 September 2026 |
|---|---|
| Publication | 5 October 2026 |
| Entry into force | Not specified in the regulation |
| Affected parties | Gas transmission network operators and traders in the EEA |
| Category | Energy |
| Territorial scope | European Economic Area (EU + Norway, Iceland and Liechtenstein) |
| Instrument amended | Annex IV (Energy) of the EEA Agreement |
| Incorporated framework | Network code on harmonisation of gas transmission tariff structures |
Gas transmission network operators and traders operating in the European Economic Area face a concrete obligation: to adapt their tariff models to the new harmonized framework that the EU has just established through the Council Decision (EU) 2026/2239, of 24 September 2026.
The decision is not a minor technical standard. It means that the Network code on harmonisation of gas transmission tariff structures —already applicable in EU Member States— is now formally extended to Norway, Iceland and Liechtenstein through the EEA Joint Committee. This closes the last flank of regulatory asymmetry in the internal gas market.
What does this regulation establish?
The EU Council has adopted the official position that the Union will defend in the EEA Joint Committee to incorporate into the EEA Agreement the Network code on harmonisation of gas transmission tariff structures. In practical terms, this implies the amendment of Annex IV (Energy) of the EEA Agreement.
The three pillars of the new framework are:
- Tariff transparency: access tariffs to gas transmission networks must be public, understandable and comparable between operators and EEA countries.
- Non-discrimination: no network user can receive worse access conditions than another in an equivalent situation, regardless of their origin or size.
- Common European criteria: the methodology for setting tariffs is subject to the same parameters that already govern in EU Member States, eliminating the differences that existed with non-EU EEA countries.
Until now, Norway, Iceland and Liechtenstein could apply their own tariff structures to their gas transmission networks. With this decision, they are obliged to align their models with the European standard.
Economic and operational impact
Tariff harmonization has direct consequences for the operations and costs of gas sector companies in the EEA:
| Area of impact | Previous situation | Situation after the decision |
|---|---|---|
| Tariff structures in Norway, Iceland and Liechtenstein | Own national regulation, without obligation to align with EU criteria | Obligation to adapt tariffs to the harmonized European network code |
| Access to transmission networks in the EEA | Potentially different conditions depending on the EEA country | Transparent and non-discriminatory conditions throughout the EEA |
| Pricing models of traders | Possibility of differentiated structures by market | Need to review and standardize tariff models |
| Applicable regulatory framework | Annex IV of the EEA Agreement without the tariff network code | Annex IV updated with the network code on tariff harmonization |
For transmission network operators, the most immediate impact is the review of their tariff calculation methodologies. For traders, harmonization may open opportunities for network access under more predictable conditions, but also requires updating contracts and business models that depended on differentiated local tariff structures.
Who does it affect?
- Gas transmission network operators with operations in Norway, Iceland or Liechtenstein: must review and adapt their tariff structures to the European network code.
- Gas traders operating or having network access contracts in the EEA: must verify that their pricing models and access contracts are compatible with the new framework.
- Large industrial companies consuming gas supplied through EEA networks: may see modified access conditions and transport costs passed on to their invoices.
- Regulatory and legal advisors in the energy sector: must update their knowledge of the applicable framework in the EEA to correctly advise clients with cross-border exposure.
- National energy regulators in EEA countries: will have to implement the network code in their jurisdictions.
Practical example
Imagine a Spanish gas trader that accesses the Norwegian transmission network to import liquefied natural gas and distribute it in European markets. Until now, access tariffs to the Norwegian network were set according to Norway's national regulation, with its own criteria that could differ significantly from those applied in Spain or Germany.
With the incorporation of the network code into the EEA Agreement, that trader will be able to require that access tariffs to the Norwegian network be calculated using the same transparent and non-discriminatory methodology that it already knows in the Spanish market. This facilitates the comparison of costs between transport routes, improves the predictability of its financial models and eliminates possible unjustified advantages for local operators.
At the same time, the company must review its existing access contracts with network operators in the EEA to check whether the agreed conditions remain compliant with the new framework or require renegotiation.
What should companies do now?
- Identify EEA exposure: determine whether the company operates, has access contracts or trades gas in Norway, Iceland or Liechtenstein. If the answer is yes, the regulation is directly relevant.
- Audit current tariff structures: network operators must review their tariff calculation methodologies and compare them with the criteria of the harmonized European network code to identify deviations.
- Review network access contracts: traders must analyze their existing contracts with network operators in the EEA to detect clauses that may become outdated or in conflict with the new framework.
- Update business models and financial forecasts: if transport costs passed on change as a result of harmonization, profitability models by route or market must be updated.
- Monitor the process in the EEA Joint Committee: the decision sets the EU's position, but formal incorporation into the EEA Agreement occurs when the Joint Committee adopts the amendment. Monitoring that milestone is key to knowing the exact date of application.
- Consult with specialized regulatory advisors: given the technical complexity of the network code and its interaction with national regulation in each EEA country, it is recommended to have expert support for adaptation.
Frequently asked questions
What is the network code on harmonisation of gas transmission tariff structures?
It is the European regulation that establishes common criteria for setting access tariffs to gas transmission networks in the EU. It sets principles of transparency, non-discrimination and homogeneous calculation methodologies. With Decision (EU) 2026/2239, this Code is also extended to Norway, Iceland and Liechtenstein through the EEA Agreement.
When does this regulation enter into force for EEA operators?
The Council Decision was adopted on 24 September 2026 and published on 5 October 2026. However, the regulation does not specify a concrete date of entry into force. Effective incorporation into the EEA Agreement will occur when the EEA Joint Committee formally adopts the amendment to Annex IV. It is essential to monitor that milestone to know the exact adaptation deadline.
What specifically must gas transmission network operators change?
They must adapt their pricing structures to the common European criteria of the network code: transparency in tariff publication, non-discriminatory calculation methodologies and equivalent access conditions for all network users. This may involve modifying both the internal methodology for setting tariffs and the contractual and regulatory documentation they present to national regulators.
Does this regulation affect companies that only operate in Spain or in the EU?
Directly, no. Decision (EU) 2026/2239 extends the network code to non-EU EEA countries (Norway, Iceland and Liechtenstein). Companies that only operate within the EU were already subject to this Code. However, traders or industrial companies with access contracts to networks in those three countries must review their situation.
What happens if a network operator does not adapt its tariffs to the new framework?
The regulation does not specify concrete sanctions in the available text. However, non-compliance with the network code may result in infringement proceedings by national energy regulators and the EEA framework itself, as well as claims from network users who consider that the applied tariffs do not meet the required transparency and non-discrimination criteria.
Official source
Consult the complete regulation in the official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602239
