European Commission exempts six countries from prior authorisation for gas imports under RePowerEU Regulation

Background

Regulation (EU) 2026/261 was formally adopted on 26 January 2026 and entered into force on 3 February 2026. The Regulation establishes a prohibition on imports of Russian natural gas, both pipeline gas and liquified natural gas (LNG), subject to transitional exemptions for qualifying legacy contracts. Our recently published infographic summarises the key phase-out dates under both the RePowerEU Regulation and the EU sanctions framework (Regulation 833/2014). For further information on the EU’s phase-out of Russian gas, please see our previous client alerts from 22 October 2025 and 14 December 2025.

A central feature of Regulation 2026/261 is its prior authorisation regime. Under Article 5, all imports of natural gas into the EU are subject to one of two authorisation tracks. Firstly, imports that rely on the transitional exemption for Russian gas under Article 4 require prior authorisation under Article 5(1) and (2), with detailed contractual information submitted at least one month before the gas enters EU customs territory. Second, imports of non-Russian gas are also subject to prior authorisation under Article 5(3), with importers required to provide evidence establishing the country of production at least five working days before entry into EU customs territory.

However, Article 5(4) provides for an exemption from the second category of prior authorisation. This exemption applies where gas imported from a country that produces natural gas, exported more than 5 bcm to the EU in 2024, and either has itself prohibited or imposed restrictive measures on Russian gas imports, or lacks the infrastructure to import LNG or pipeline gas from Russia. Under Article 5(4), the Commission was required to publish the list of qualifying countries within five working days of the Regulation’s entry into force. Implementing Decision (EU) 2026/335 is the execution of that requirement.

The Implementing Decision

On 9 February 2026, the Commission adopted Implementing Decision (EU) 2026/335, establishing the list of third countries exempted from the prior authorisation requirement under Article 5(4). The Decision was published in the Official Journal on 10 February 2026 and entered into force on 11 February 2026.

The six exempt countries are:

1. Algeria
2. Nigeria
3. Norway
4. Qatar
5. United Kingdom
6. United States

The exemption means imports from these listed countries fall outside the Article 5(3) prior authorisation requirements, reducing the administrative burden for a significant share of EU gas imports.

Practical implications

For importers, the Decision provides welcome clarity on the scope of the prior authorisation regime. Gas sourced from any of the six listed countries above will not be required to obtain prior authorisation under Article 5(3) or submit “country of production” evidence five working days in advance, streamlining customs procedures for established supply routes.

However, importers should note several important points. First, gas imports from non-Russian countries that are not on the exempt list – for example, other third-country suppliers – remain subject to the full prior authorisation requirement under Article 5(3). Importers in those supply chains will need to provide evidence of the country of production at least five working days before the gas enters the EU customs territory.

Second, the exemption does not apply to imports that rely on the transitional exemption for Russian gas under Article 4. Those imports remain subject to the more detailed authorisation procedure under Article 5(1) and (2), regardless of the transit route or intermediary country involved.

Third, the Commission retains power under Article 5(4) to revoke an exemption where authorising or customs authorities identify cases of circumvention by exporters from an exempted country, or where the Commission has reason to believe that authorities in an exporting country are not adequately intervening against circumvention practices. We expect EU authorities to closely monitor trade flows and to initiate detailed investigations where they identify significant volume shifts or receive other indications suggesting possible circumvention. Importers should therefore maintain robust records of the origin and supply chain of their gas imports even where prior authorisation is not required.

Fourth, Article 5(7) and (8) introduce presumptions for certain routes that apply irrespective of the exempt country list. Under Article 5(7), gas arriving via borders or interconnectors between the EU and Russia or Belarus, or via pipelines that connect Russia with the EU and run through third countries without having entry points between Russia and the EU – such as TurkStream at the interconnection points Strandzha 2/Malkoclar, as referenced in Recital (25) of the Regulation – is presumed to originate in Russia. Under Article 5(8), gas arriving at the Strandzha 1 interconnection point is also subject to a rebuttable presumption of Russian origin, requiring unambiguous evidence of non-Russian production to be submitted at least seven working days in advance. These presumptions operate independently of the exempt country list and will require careful attention from importers.

Looking ahead

The Commission is required to monitor whether the conditions for exemption continue to be met and to update the list accordingly and without undue delay. The Commission has also indicated, under Article 5(5), that it will publish guidance on further details of the prior authorisation procedure, including the types of documents and evidence that importers should submit

Client Alert 2026-035