Should Norwegian producers be included in Article 23 of the Net Zero Industry Act? Implications of latest EFTA Court finding on Norway’s continental shelf
Should Norwegian producers be included in Article 23 of the Net-Zero Industry Act?
Article 23 of the EU's Net-Zero Industry Act requires the bloc's oil and gas producers to deliver 50 million tonnes per year (Mtpa) of CO₂ injection capacity by 2030, yet Norwegian producers, who account for nearly 80% of EEA oil and gas output, have so far been left out. Norway has long argued that its continental shelf falls outside the scope of the EEA Agreement. In February 2026, however, the EFTA Court's advisory opinion in Saga Subsea (Case E-6/25) found that EEA law does extend to the continental shelf. This briefing explains why that opinion makes Norway's participation in Article 23 very likely a legal obligation, and why the question is now how Norwegian producers are brought in, rather than whether.
The briefing assesses three implementation models: a limited 5 Mtpa contribution linked to Norway's industrial emissions, a 25 Mtpa obligation tied to existing storage licences, and a larger 40 Mtpa contribution on an extended timeline. It recommends the 25 Mtpa option if the 2030 deadline is maintained, rising to 30–50 Mtpa if Norwegian producers are given a compliance period equivalent to their EU counterparts. Done well, Norway's inclusion could expand Europe's storage market, give EU obligated entities more compliance options, and set a precedent for cross-border carbon storage cooperation with third countries such as the UK, while avoiding over-concentration of capacity in the North Sea.