(Article drafted by Ioanna Toufexi, Associate and Andreas Papastathis, Partner for Lexology on February 16, 2026)
Legal Framework and Strategic Mandate
In a decisive move from political declaration to enforceable legal action, the European Union has adopted Regulation (EU) 2026/261, setting out a structured framework for the gradual phase-out of natural gas imports from the Russian Federation. The Regulation operationalizes the strategic goals first outlined in the Versailles Declaration and the REPowerEU Plan, transforming the EU’s long-standing ambition to reduce energy dependence into legally binding obligations. This approach ensures that the Union’s energy policy is no longer a matter of voluntary political alignment but a coordinated, enforceable strategy that integrates energy security, market stability, and climate objectives.
Historical Dependencies and Geopolitical Imperatives
The 2022 Russian invasion of Ukraine starkly exposed Europe’s structural energy vulnerabilities. For decades, the EU relied heavily on Russian pipeline gas under long-term contracts, a dependence that proved economically destabilizing and politically risky once gas supply became a tool of coercion. Previous disruptions, notably in 2006 and 2009, along with supply constraints following Russia’s annexation of Crimea in 2014, highlight a recurring pattern of market manipulation. The undercapacity of storage facilities and extreme price volatility in 2022 further confirmed that even residual Russian volumes pose systemic risks to inflation control, market stability, and social cohesion. Regulation 2026/261 addresses these vulnerabilities by codifying a phased elimination of Russian gas, signaling a structural shift in European energy governance.
Phased Elimination and Contractual Safeguards
The Regulation establishes a staggered phase-out schedule, carefully tailored according to delivery method and contract duration. Imports of Russian LNG under short-term contracts concluded before 17 June 2025 are prohibited from 25 April 2026, while short-term pipeline gas contracts signed before the same date face a ban starting 17 June 2026. Long-term contracts exceeding one year, concluded before 17 June 2025, are phased out more gradually: LNG imports cease from 1 January 2027, and pipeline gas imports from 30 September 2027. A narrowly defined safeguard allows the Commission to extend the final pipeline deadline until 1 November 2027 for a Member State demonstrating objective supply risks, ensuring continuity without compromising market integrity.
The transitional regime is deliberately restrictive. Only contracts concluded before 17 June 2025 benefit from the phased timetable, and amendments are permitted solely for operational, administrative, corporate, or quantity-reducing purposes. Any modification that increases volumes, extends delivery periods, or expands the economic scope of a contract is treated as a new agreement and falls immediately under the prohibition. This carefully calibrated mechanism prevents artificial restructuring aimed at circumventing deadlines, while allowing necessary technical adjustments during the wind-down period.
Authorization, Monitoring, and National Diversification
Beyond prohibitions, the Regulation introduces a comprehensive prior authorization system. From February 2026 onward, importers must secure authorization from national authorities before releasing gas for free circulation. Detailed documentation regarding origin, production location, contractual terms, and infrastructure bookings must be submitted, enabling effective traceability and enforcement. Customs authorities are empowered to refuse release where sufficient evidence is lacking, complementing the prohibition with a robust monitoring architecture designed to prevent re-routing, relabeling, or indirect participation through third countries.
Member States are also required to develop National Diversification Plans, detailing measures to ensure security of supply during and after the phase-out. These plans must address demand reduction strategies, integration of renewable gases such as biomethane and hydrogen, infrastructure adaptation, and alternative sourcing routes. The broader objective is not merely substitution but structural diversification, embedding the phase-out within a framework of energy solidarity and coordinated EU-wide action rather than fragmented national approaches.
You can read the article on Lexology here:
The full article is available here: The EU Strategy for the Gradual Phase-Out of Russian Natural Gas and the Strategic Role of LNG Infrastructure