Date: 2026-02-10Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2026/335 of 9 February 2026 establishing the list of third countries exempted from prior authorisation for gas imports into the Union pursuant to Article 5(4) of Regulation (EU) 2026/261 of the European Parliament and of the Council
**Executive Summary**
This document is Commission Implementing Decision (EU) 2026/335, dated February 9, 2026. It establishes a list of third countries exempted from the prior authorization process for gas imports into the European Union, as per Article 5(4) of Regulation (EU) 2026/261. The decision is effective immediately after its publication in the Official Journal of the European Union.
**Key Points / Main Content**
* **Exemption from Prior Authorisation:** The following countries are exempt from the prior authorisation process for gas imports into the EU, in accordance with Article 5(4) of Regulation (EU) 2026/261:
* Algeria
* Nigeria
* Norway
* Qatar
* United Kingdom
* United States
* **Legal Basis:** The decision is based on Regulation (EU) 2026/261 and aims to ensure the effective implementation of the regulation's provisions regarding gas imports.
* **Objective:** The decision aims to provide clarity and prevent uncertainty for concerned authorities and market participants by identifying which natural gas imports are exempt from prior authorization.
* **Entry into force:** The Decision enters into force on the day following its publication in the Official Journal of the European Union.
**Impact Analysis**
**Stakeholder: EU Member State Authorities**
**Impact:** Reduces administrative burden related to gas imports from listed countries by removing the need for prior authorisation.
**Action Required:** Update import procedures to reflect the exemptions listed in the decision.
**Stakeholder: Gas Importers/Market Participants**
**Impact:** Provides clarity and simplifies the import process for gas originating from the listed countries.
**Action Required:** Ensure compliance with the updated import procedures and take note of the exemptions outlined in the decision.
Key Entities Referenced
Regulation (EU) 2026/261: Regulation of the European Parliament and of the Council on phasing out Russian natural gas imports and preparing the phase out of Russian oil imports, improving monitoring of potential energy dependencies.
Commission Implementing Decision (EU) 2026/335: Decision establishing the list of third countries exempted from prior authorisation for gas imports into the Union pursuant to Article 5(4) of Regulation (EU) 2026/261.
Article 5(4) of Regulation (EU) 2026/261: Article within Regulation (EU) 2026/261 that defines conditions under which imports of natural gas from a third country can be exempted from prior authorisation.
Russian Federation: Country subject to import restrictions on natural gas according to Regulation (EU) 2026/261.
European Union: The union whose gas import policy is being defined and implemented.
Official Journal EN
of the European Union L series
2026/335 10.2.2026
COMMISSION IMPLEMENTING DECISION(EU) 2026/335
of 9 February 2026
establishing the list of third countries exempted from prior authorisation for gas imports into the
Union pursuant to Article 5(4) of Regulation (EU) 2026/261 of the European Parliament and of the
Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2026/261 of the European Parliament and of the Council of 26 January 2026 on phasing
out Russian natural gas imports and preparing the phase out of Russian oil imports, improving monitoring of potential
energy dependencies and amending Regulation (EU) 2017/1938(1), and in particular Article 5(4) thereof,
Whereas:
(1) Regulation (EU) 2026/261 introduced a legal prohibition on imports of natural gas originating in or exported,
directly or indirectly, from the Russian Federation.
(2) Article 5(3) of that Regulation introduced a prior authorisation process which is meant to allow for a smooth
verification process of the country of production before the gas enters the Union customs territory.
(3) In accordance with Article 5(4) of Regulation (EU) 2026/261, imports of natural gas from a third country, other than
the Russian Federation, can be exempted from the obligation of prior authorisation under clearly defined conditions.
The conditions are to be deemed fulfilled where a third country produces natural gas, has exported more than 5 bcm
of natural gas to the Union in 2024 and has prohibited the import of Russian gas or is applying other restrictive
measures concerning Russian gas; or where a third country has no gas infrastructure in place which allows it to
import LNG or pipeline gas.
(4) This decision establishes the list of third countries which fulfil the conditions set out in Article 5(4) of Regulation
(EU) 2026/261 at the time of its adoption.
(5) Given the need to ensure the effective implementation of Regulation (EU) 2026/261, and to promptly put forward
the elements required for a seamless functioning of the prior authorisation procedure, by bringing clarity on which
imports of natural gas are exempted from prior authorisation, it is necessary that this Decision takes immediate
effect after its adoption to prevent uncertainty for concerned authorities and market participants.
HAS ADOPTED THIS DECISION:
Article 1
In accordance with the conditions set out in Article 5(4) of Regulation (EU) 2026/261, the following countries shall be
exempted from prior authorisation:
(a) Algeria;
(b) Nigeria;
(c) Norway;
(d) Qatar;
(e) United Kingdom;
(f) United States.
(1) OJ L, 2026/261, 2.2.2026, ELI: http://data.europa.eu/eli/reg/2026/261/oj.
ELI: http://data.europa.eu/eli/dec_impl/2026/335/oj 1/2EN
OJ L, 10.2.2026
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 9 February 2026.
For the Commission
The President
Ursula VON DER LEYEN
2/2 ELI: http://data.europa.eu/eli/dec_impl/2026/335/oj