Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)
Article 28
Regulatory authorities
When carrying out their duties and exercising their powers under this Regulation, the regulatory authorities shall ensure compliance with this Regulation, the network codes and the guidelines adopted pursuant to Articles 70 to 74.
Where appropriate, they shall cooperate with each other, with the Commission and ACER pursuant to Chapter V of Directive (EU) 2024/1788.
Article 29
Consultations by the ENTSO for Gas
While preparing the network codes, the draft Union-wide network development plan for natural gas and the annual work programme referred to in Article 26(1), (2) and (3), the ENTSO for Gas shall conduct an extensive public consultation process, at an early stage and in an open and transparent manner, involving all relevant market participants, and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 25(1). That consultation shall also involve regulatory authorities and other national authorities, supply and production undertakings, network users including customers, distribution system operators, including relevant industry associations, technical bodies and stakeholder platforms. The ENTSO for Gas shall publish drafts of the network codes, the Union-wide network development plan for natural gas and the annual work programme for comments by the stakeholders and provide sufficient time for them to participate in the consultation process effectively. The aim of that consultation is to identify the views and proposals of the relevant stakeholders during the decision-making process.
All documents and minutes of meetings related to the consultations referred to in paragraph 1 shall be made public.
Before adopting the annual work programme and the network codes referred to in Article 26(1), (2) and (3), the ENTSO for Gas shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.
Article 30
Costs of the ENTSO for Gas
The costs related to the activities of the ENTSO for Gas referred to in Articles 24, 25, 26, 70 and 71 of this Regulation, and in Article 11 of Regulation (EU) 2022/869, shall be borne by the transmission system operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs provided that they are reasonable and appropriate.
Article 31
Regional cooperation of transmission system operators
Transmission system operators shall establish regional cooperation within the ENTSO for Gas to contribute to the tasks referred to in Article 26(1), (2) and (3).
Transmission system operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges, the coordinated allocation of cross-border capacity through non-discriminatory market-based solutions, paying due attention to the specific merits of implicit auctions for short-term allocations and the integration of balancing mechanisms.
For the purposes of achieving the objectives set out in paragraphs 1 and 2 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 80 to supplement this Regulation by establishing the definition of the geographical area covered by each regional cooperation structure, taking into account existing regional cooperation structures. Each Member State shall be allowed to promote cooperation in more than one geographical area.
For the purpose of drawing up the delegated acts referred to in the first subparagraph, the Commission shall consult ACER and the ENTSO for Gas.
Article 32
Union-wide network development plan for natural gas
The ENTSO for Gas shall adopt and publish the Union-wide network development plan for natural gas every two years. The Union-wide network development plan for natural gas shall include the modelling of the integrated network, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system, including infrastructure to be decommissioned.
The Union-wide network development plan for natural gas shall, in particular:
(a) build on national investment plans and Chapter IV of Regulation (EU) 2022/869;
(b) regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors as referred to in Article 55(7) of Directive (EU) 2024/1788; and
(c) identify investment gaps, in particular with respect to cross-border capacities.
With regard to the second paragraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices may be annexed to the Union-wide network development plan for natural gas.
Article 33
Transparency requirements concerning transmission system operators
The transmission system operator shall make public detailed information regarding the capacity and services it offers and the relevant conditions applied, together with the technical information necessary for network users to obtain effective network access.
In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the natural gas network, transmission system operators or relevant regulatory authorities shall publish reasonably and sufficiently detailed information on tariff derivation, methodology and structure.
For the services provided, each transmission system operator shall make public information on technical, contracted and available capacities on a numerical basis for all relevant points including entry and exit points on a regular and rolling basis and in a user-friendly and standardised manner in accordance with the guidelines laid down in Annex I.
The relevant points of a transmission system on which the information is to be made public shall be approved by the competent authorities after consultation with network users.
The transmission system operator shall always disclose the information required by this Regulation in a meaningful, quantifiably clear, easily accessible and non-discriminatory manner.
The transmission system operator shall make public ex ante and ex post supply and demand information, on the basis of nominations and allocations, forecasts and realised flows in and out of the system. The regulatory authority shall ensure that all such information is made public. The level of detail of the information that is made public shall reflect the information available to the transmission system operator.
The transmission system operator shall make public measures taken as well as costs incurred and revenue generated to balance the system.
The market participants concerned shall provide the transmission system operator with the data referred to in this Article.
The transmission system operators shall make public detailed information regarding the quality of natural gas transported in their networks, which might affect network users, pursuant to Articles 16 and 17 of Regulation (EU) 2015/703.
Article 34
Transparency requirements concerning natural gas storage facilities, hydrogen storage facilities, LNG facilities and hydrogen terminals
LNG system operators, natural gas storage system operators, hydrogen terminal operators and hydrogen storage operators shall make public detailed information regarding all services they offer and the relevant conditions applied, together with the technical information necessary for users of LNG facility, natural gas storage facility, hydrogen storage facility and hydrogen terminal to obtain effective access to the LNG facilities, natural gas storage facilities, hydrogen storage facilities and hydrogen terminals. Regulatory authorities may request those operators to make public any additional relevant information for system users.
LNG system operators shall provide user-friendly instruments for calculating tariffs for the services available.
For the services provided, LNG system operators, natural gas storage system operators, hydrogen terminal operators and hydrogen storage operators shall make public information on contracted and available LNG facility, natural gas storage facility, hydrogen storage facility and hydrogen terminal capacities on a numerical basis on a regular and rolling basis and in a user-friendly standardised manner.
LNG system operators, natural gas storage system operators, hydrogen terminal operators and hydrogen storage operators shall disclose the information required by this Regulation in a meaningful, quantifiably clear, easily accessible and non-discriminatory manner.
LNG system operators, natural gas storage system operators, hydrogen terminal operators and hydrogen storage operators shall make public the amount of natural gas or hydrogen in each LNG facility, natural gas storage facility, hydrogen storage facility and hydrogen terminal, or group of storage facilities if that corresponds to the way in which the access is offered to system users, inflows and outflows, and the available LNG facility, natural gas storage facility, hydrogen storage facility and hydrogen terminal capacities, including for those facilities exempted from third-party access. That information shall also be communicated to the transmission system operator or to the hydrogen network operator for hydrogen storage and terminals, which shall make it public on an aggregated level per system or subsystem defined by the relevant points. The information shall be updated at least daily.
Where a natural gas or hydrogen storage facility user is the only user of a natural gas storage facility or hydrogen storage facility, the natural gas or hydrogen storage system user may submit to the regulatory authority a reasoned request for confidential treatment of the data referred to in the first subparagraph. Where the regulatory authority comes to the conclusion that such a request is justified, taking into account, in particular, the need to balance the interest of legitimate protection of business secrets, the disclosure of which would negatively affect the overall commercial strategy of the storage user, with the objective of creating competitive internal markets for natural gas and hydrogen, it may allow the natural gas storage system operator or hydrogen storage operator not to make public the data referred to in the first subparagraph, for a duration of up to one year.
The second subparagraph shall apply without prejudice to the obligations referred to in the first subparagraph, unless the aggregated data are identical to the individual natural gas or hydrogen storage system data for which the regulatory authority has approved non-publication.
In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the infrastructures, the LNG system operators, natural gas storage system operators, hydrogen terminal operators and hydrogen storage operators or relevant regulatory authorities shall make public sufficiently detailed information on tariff derivation, the methodologies and the structure of tariffs for infrastructure under regulated third-party access. LNG facilities that have been granted an exemption, pursuant to Article 78 of this Regulation, Article 22 of Directive 2003/55/EC and Article 36 of Directive 2009/73/EC, and natural gas storage system operators under the negotiated third-party access regime shall make public tariffs for infrastructure in order to ensure a sufficient degree of transparency.
LNG system operators and natural gas storage system operators shall each publish in a transparent, continuous and user-friendly manner the information required pursuant to this Article on a single European platform that shall be maintained by those operators.
Article 35
Record keeping by system operators
Transmission system operators, natural gas storage system operators and LNG system operators shall keep at the disposal of the national authorities, including the regulatory authorities and the national competition authorities, and the Commission, all information referred to in Articles 33 and 34 and in point 3 of Annex I for a period of five years.
Section 4
Distribution system operation
Article 36
Firm capacity for renewable gas and low-carbon gas to the distribution system
Distribution system operators shall ensure firm capacity for the access of the production facilities of renewable gas and low-carbon gas connected to their grid. To that end, distribution system operators shall in cooperation among themselves and with the transmission system operators, develop procedures and arrangements, including investments, to ensure reverse flow from the distribution network to the transmission network. Major investments in the natural gas transmission network resulting from the need for additional capacities in the distribution network shall be reflected in the ten-year network development plan in accordance with Article 55(2), point (a), of Directive (EU) 2024/1788.
Paragraph 1 shall be without prejudice to the possibility for distribution system operators to develop alternatives to reverse-flow investments, such as smart grid solutions or connection to other network operators. Firm capacity access may be limited to offering capacities subject to operational limitations, in order to ensure infrastructure safety and economic efficiency. The regulatory authority shall ensure that any limitations in firm capacity or operational limitations are introduced by distribution system operators on the basis of transparent and non-discriminatory procedures and do not create undue barriers to market entry. Where the production facility bears the costs related to ensuring firm capacity, no limitation shall apply.
Article 37
Cooperation between distribution system operators and transmission system operators
Distribution system operators shall cooperate with other distribution system operators and transmission system operators to coordinate the maintenance, system development, new connections, decommissioning and the operation of the system to ensure system integrity, with a view to maximising capacity and minimising the use of fuel gas.
Article 38
Transparency requirements concerning distribution system operators
Where distribution system operators are responsible for gas quality management in their networks, they shall make public detailed information regarding the quality of natural gas transported in their networks, which might affect network users, pursuant to Articles 16 and 17 of Regulation (EU) 2015/703.
Article 39
European entity for distribution system operators
Distribution system operators operating a natural gas system shall and hydrogen distribution network operators operating a hydrogen network may cooperate at Union level through the EU DSO entity, in order to promote the completion and proper functioning of the internal market for natural gas, cooperate in the development of the hydrogen market and promote optimal management and a coordinated operation of distribution and transmission systems.
Registered members may participate in the EU DSO entity directly or be represented by a national association designated by a Member State or by a Union-level association.
The costs related to the activities of the EU DSO entity shall be borne by the distribution system operators and hydrogen distribution network operators that are registered members and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve costs provided that they are reasonable and proportionate and provide reasons where they are not approved.
Article 40
Changes to the principal rules and procedures for the EU DSO entity
The principal rules and procedures for the EU DSO entity pursuant to Article 54 of Regulation (EU) 2019/943 shall also apply to distribution system operators operating a natural gas system and hydrogen distribution network operators.
The Strategic Advisory Group referred to in Article 54(2), point (f), of Regulation (EU) 2019/943 shall also consist of representatives of associations representing European distribution system operators operating a natural gas system or European hydrogen distribution network operators.
By 5 August 2025, the EU DSO entity shall submit to the Commission and to ACER draft updated statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedure on the consultation with the ENTSO for Electricity, the ENTSO for Gas and other stakeholders, and draft updated financing rules.
The draft updated rules of procedure of the EU DSO entity shall ensure fair and balanced representation of all participating distribution system operators, including those owning or operating natural gas systems, and of hydrogen distribution network operators.
Within four months of receipt of the documents submitted pursuant to paragraph 3, ACER shall provide the Commission with its opinion, after consulting organisations representing all stakeholders, in particular distribution system users, including customers.
Within three months of receipt of ACER’s opinion, the Commission shall issue an opinion on the documents submitted pursuant to paragraph 3, taking into account ACER’s opinion referred to in paragraph 4.
Within three months of receipt of the Commission’s positive opinion, the distribution system operators shall adopt and publish the EU DSO’s updated statutes, rules of procedure and financing rules.
The documents referred to in paragraph 3 shall be submitted to the Commission and to ACER where there are changes thereto or upon the reasoned request of either of them. The Commission and ACER may issue an opinion in accordance with the process laid down in paragraphs 3, 4 and 5.
Article 41
Additional tasks of the EU DSO entity
The EU DSO entity shall exercise the tasks listed in Article 55(1), points (a) to (e), of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2), points (c), (d) and (e), of that Regulation also as regards distribution systems for natural gas or hydrogen distribution networks.
In addition to the tasks listed in Article 55(1) of Regulation (EU) 2019/943, the EU DSO entity shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this Regulation and contribute to mitigating fugitive methane emissions from the natural gas system.
When participating in the development of new network codes pursuant to Article 71 of this Regulation, the EU DSO entity shall comply with the consultation requirements as laid down in Article 56 of Regulation (EU) 2019/943.
In addition to the activities listed in Article 55(2) of Regulation (EU) 2019/943, the EU DSO entity shall:
(a) cooperate with the ENTSO for Gas and the ENNOH on the monitoring of the implementation of the network codes and guidelines adopted pursuant to this Regulation which are relevant to the operation and planning of distribution grids for natural gas and hydrogen and the coordinated operation of the transmission networks and distribution networks and the hydrogen transmission networks and distribution networks;
(b) cooperate with the ENTSO for Gas and the ENNOH and adopt best practices on the coordinated operation and planning of transmission and distribution systems and hydrogen transmission and distribution networks including issues such as the exchange of data between operators and the coordination of distributed energy resources;
(c) work on identifying best practices for the implementation of the results of the assessments pursuant to Article 23(1b) of Directive (EU) 2018/2001 and Article 25 of Directive (EU) 2023/1791 and for the cooperation between operators of electricity distribution systems, of natural gas distribution systems, of hydrogen distribution networks and of district heating and cooling systems including for the purpose of the assessment pursuant to Article 24(8) of Directive (EU) 2018/2001, including recommendations for the appropriate placement of electrolysers with a view to ensuring the use of waste heat in district heating network.
The EU DSO entity shall provide input to the ENTSO for Gas for its reporting on gas quality, with regard to the distribution systems where distribution system operators are responsible for gas quality management, as referred to in Article 26(3).
The EU DSO entity shall provide input to the ENNOH for the hydrogen quality monitoring report to be adopted pursuant to Article 59(1), point (j), of this Regulation with regard to the hydrogen distribution networks where hydrogen distribution network operators are responsible for hydrogen quality management pursuant to Article 50 of Directive (EU) 2024/1788.
Section 5
Demand aggregation and the joint purchasing of natural gas, and mechanism to support the market development of hydrogen
Article 42
Mechanism for demand aggregation and the joint purchasing of natural gas
The Commission shall establish a mechanism for voluntary demand aggregation and the joint purchasing of natural gas pursuant to Articles 43 to 49.
Article 43
Contract with a service provider
By way of derogation from Article 176 of Regulation (EU, Euratom) 2018/1046, the Commission may contract the necessary services of an entity or entities established in the Union through the relevant procurement procedures under Regulation (EU, Euratom) 2018/1046, in order to implement the objective laid down in Article 42 of this Regulation.
Where the Commission selects a service provider, it shall do so on the basis of criteria that safeguard the integrity of the internal market, that ensure competition and security of supply, and that comply with Article 44. The Commission shall specify the requirements applicable to the service provider in the relevant tender specifications.
Article 44
Criteria for selecting the service provider
The service provider shall be selected by the Commission among entities complying with the following eligibility criteria:
(a) the service provider shall be established and have its operational seat in the territory of a Member State;
Without prejudice to other due diligence obligations, contractual obligations between the Commission and the service providers shall be put in place to ensure that the service provider when carrying out its tasks under Article 45 does not make any funds or economic resources available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies:
(a) subject to Union restrictive measures adopted pursuant to Article 29 TEU or Article 215 TFEU, consisting of a prohibition to make available or transfer funds or economic resources or to provide financing or financial assistance to them directly or indirectly, or of an asset freeze; or
(b) directly or indirectly owned or controlled by, or acting on behalf or at the direction of natural or legal persons, entities or bodies subject to such Union restrictive measures.
The service provider shall not be part of a vertically integrated undertaking, except for an entity unbundled in accordance with Chapter IX of Directive (EU) 2024/1788.
Article 45
Tasks of the service provider
The service provider shall organise the tasks of demand aggregation and the joint purchasing of natural gas. In particular, but not exclusively, the service provider may implement the following elements:
(a) assessment and aggregation of demand of natural gas undertakings and undertakings consuming natural gas;
(b) collection of offers from natural gas suppliers or producers in order to match such offers with the aggregated demand;
(c) allocation of supply offers to participants in demand aggregation, taking into account a proportionate distribution between smaller and larger participants depending on the volumes of demand submitted;
(d) provide any related ancillary services, including services to facilitate the conclusion of contracts for the purchase of natural gas.
Article 46
Participation in the mechanism for demand aggregation and the joint purchasing of natural gas
Participation in the mechanism for demand aggregation and the joint purchasing of natural gas shall be open to natural gas undertakings and undertakings consuming natural gas established in the Union on a non-discriminatory basis. Such undertakings shall be precluded from participating as suppliers, producers and purchasers, if they are:
(a) subject to Union restrictive measures adopted pursuant to Article 29 TEU or Article 215 TFEU, consisting of a prohibition to make available or transfer funds or economic resources or to provide financing or financial assistance to them directly or indirectly, or of an asset freeze; or
(b) directly or indirectly owned or controlled by, or acting on behalf or at the direction of natural or legal persons, entities or bodies subject to such Union restrictive measures.
Contractual obligations shall be put in place to ensure that no funds or economic resources are made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies, which are:
(a) subject to Union restrictive measures adopted pursuant to Article 29 TEU or Article 215 TFEU, consisting of a prohibition to make available or transfer funds or economic resources or to provide financing or financial assistance to them directly or indirectly, or of an asset freeze; or
(b) directly or indirectly owned or controlled by, or acting on behalf or at the direction of natural or legal persons, entities or bodies subject to such Union restrictive measures.
Natural gas undertakings and undertakings consuming natural gas established in the Energy Community Contracting Parties may participate in the mechanism for demand aggregation and the joint purchasing of natural gas provided that the necessary measures or arrangements are in place to allow their participation in the mechanism for demand aggregation and the joint purchasing of natural gas pursuant to this Section.
Natural gas undertakings and undertakings consuming natural gas participating in demand aggregation may, on a transparent basis, coordinate elements of the conditions of the purchase contract or use joint purchase contracts in order to achieve better conditions with their suppliers, provided that they comply with Union law, including Union competition law, in particular Articles 101 and 102 TFEU.
Participants in the mechanism for demand aggregation and the joint purchasing of natural gas shall report to the Commission or the relevant service provider, as appropriate, the following elements of the concluded contracts:
(a) volume;
(b) counterparts;
(c) duration.
Participants in the mechanism for demand aggregation and the joint purchasing of natural gas may report to the Commission or the relevant service provider, as appropriate, if matching and tendering did not result in the conclusion of a supply contract.
The recipient of the information reported under paragraphs 5 and 6 shall ensure that access to confidential information is strictly limited to the service provider and to Commission services for whom it is absolutely necessary to have the information available. Such information shall be handled with due confidentiality.
Article 47
Temporary limitation of participation in the mechanism for demand aggregation and the joint purchasing of natural gas
In order to protect the essential security interests of the Union and of its Member States, and in the interest of safeguarding security of supply, natural gas supplies originating in, and LNG supplies from LNG facilities located in, the Russian Federation or Belarus shall not be offered through the mechanism for demand aggregation and the joint purchasing of natural gas until 31 December 2025.
The exclusion referred to in paragraph 1 shall apply to all LNG supplies originating in any LNG facility located in the Russian Federation or Belarus and natural gas supplies entering the Member States or Energy Community Contracting Parties through the following entry points:
(a) Greifswald;
(b) Lubmin II;
(c) Imatra;
(d) Narva;
(e) Värska;
(f) Luhamaa;
(g) Šakiai;
(h) Kotlovka;
(i) Kondratki;
(j) Wysokoje;
(k) Tieterowka;
(l) Mozyr;
(m) Kobryń;
(n) Sudzha (RU)/(UA);
(o) Belgorod (RU)/(UA);
(p) Valuyki (RU)/(UA);
(q) Serebryanka (RU)/(UA);
(r) Pisarevka (RU)/(UA);
(s) Sokhranovka (RU)/(UA);
(t) Prokhorovka (RU)/(UA);
(u) Platovo (RU)/(UA);
(v) Strandzha 2 (BG)/Malkoclar (TR).
Article 48
Possibility to limit the participation in the mechanism for demand aggregation and the joint purchasing of natural gas
From 1 January 2026, the Commission may decide, by means of an implementing act, to temporarily exclude natural gas originating in, or LNG supplies from LNG facilities located in, the Russian Federation or Belarus from the participation in the mechanism for demand aggregation and the joint purchasing of natural gas, where that is necessary to protect the essential security interests or the security of supply of the Union or of a Member State, provided that such measures:
(a) do not unduly disrupt the proper functioning of the internal market for natural gas and cross-border flows of natural gas between Member States, and do not undermine the security of supply of the Union or of a Member State;
(b) respect the principle of energy solidarity;
(c) are taken in accordance with the rights and obligations of the Union or of the Member States with respect to third countries.
Sufficiently in advance of the first tendering round in 2026, the Commission shall assess whether all the conditions laid down in paragraph 1 are met with the view to deciding on any measures referred to therein. Any such decision shall be valid for a period of up to one year and may be renewed if justified.
The Commission shall continuously assess whether the conditions laid down in paragraph 1 are met and shall keep the European Parliament and the Council duly informed about its assessments, including the assessment referred to in the first subparagraph of this paragraph.
Taking into account the need to ensure the security of supply of the Union, the measures taken by the Commission pursuant to paragraph 1 may be aimed at diversifying natural gas or LNG supplies with a view to reducing dependence on Russian natural gas, where it can be demonstrated that such measures are necessary to protect the essential security interests of the Union and of the Member States.
Decisions referred to in paragraph 1 shall contain a list of:
(a) all entry points from the Russian Federation or Belarus or other third countries serving as transit countries which shall not be used to deliver natural gas supplies subject to demand aggregation and joint purchasing; and
(b) all LNG facilities located in the Russian Federation or Belarus.
Natural gas suppliers or producers participating in the mechanism for demand aggregation and joint purchasing of natural gas shall provide assurance on the compliance with Article 47 and the decisions adopted pursuant to paragraph 1 of this Article.
The Commission shall take appropriate measures to ensure the effective application of this Article and of Article 47 and may require from natural gas suppliers or producers participating in the mechanism for demand aggregation and the joint purchasing of natural gas all the necessary information to assist it in that task, including the submission to the purchasers of the relevant shipping documents when delivering the natural gas supplies, where technically feasible.
Article 49
Steering Board
In order to facilitate coordination and information exchange in relation to the mechanism for demand aggregation and the joint purchasing of natural gas, the Commission shall be assisted by a Steering Board.
The Steering Board shall be composed of representatives of Member States and one representative of the Commission. The participation of Member States shall be voluntary and depends in particular upon the agenda of the Steering Board’s meetings. The representatives of the Energy Community Contracting Parties may participate in the Steering Board upon invitation of the Commission on all matters of mutual concern. The Commission shall chair the Steering Board.
Article 50
Guarantees
Member States, in respect of participants established in their territories, or other relevant stakeholders may provide liquidity support, including guarantees, to participants in the mechanism for demand aggregation and the joint purchasing of natural gas, in accordance with State aid rules where applicable, in particular where the competent authority of the relevant Member State has declared one of the crisis levels referred to in Article 11(1) of Regulation (EU) 2017/1938.
Article 51
Reporting
The Commission shall regularly report to the Steering Board and submit an annual report to the European Parliament and to the Council on the functioning of the mechanism for demand aggregation and the joint purchasing of natural gas.
The information provided in the report shall include at least:
(a) information on the number of natural gas undertakings and volumes of natural gas participating in the mechanism for demand aggregation and the joint purchasing of natural gas;
(b) information on the number of contracts concluded and the resulting volumes of natural gas respectively contracted and delivered to the Union;
(c) a description of the applicable rules in tendering rounds to participants in demand aggregation and natural gas suppliers or producers;
(d) an overview of the overall cost of the mechanism for demand aggregation and the joint purchasing of natural gas, including the expenses incurred for the service provider;
(e) any major development of the functioning of the mechanism for demand aggregation and the joint purchasing of natural gas.
Article 52
Mechanism to support the market development of hydrogen
The Commission may establish a mechanism to support the market development of hydrogen including the elements specified in paragraph 2 to be implemented under the activities of the European Hydrogen Bank. That voluntary mechanism may be in place until 31 December 2029.
The Commission may contract the relevant service provider, applying by analogy the procedure set out in Articles 43 and 44, for the implementation, in particular, but not exclusively, of the following elements:
(a) collection and processing of market data on, for instance, availability of infrastructure or development of hydrogen flows and prices, to increase the transparency of the market development of hydrogen;
(b) collection and assessment of demand from off-takers;
(c) collection of offers for hydrogen from suppliers;
(d) access to relevant and necessary information collected pursuant to this paragraph to suppliers and off-takers, subject to their consent and pursuant to Union competition rules.
In order to contribute to the decarbonisation objectives laid down in this Regulation, Member States may ensure liquidity support, including guarantees, for hydrogen under the activities of the European Hydrogen Bank and in accordance with State aid rules where applicable.
Coordination and information exchange in relation to the mechanism referred to in paragraph 1 may be facilitated by the relevant coordination group separate from expert groups dedicated to natural gas.
In the case of hydrogen, such coordination group shall be established and it shall carry out its activities under those of the European Hydrogen Bank.
Prior to the expiry of the mechanism referred to in paragraph 1, the Commission shall submit a report to the European Parliament and to the Council assessing the performance of that mechanism. In particular, the Commission shall assess the contribution of that mechanism to the development of the hydrogen market in the Union.
Where appropriate, that assessment may be accompanied by a legislative proposal to develop a mechanism for voluntary demand aggregation and the joint purchasing of hydrogen.
Article 53
Participation in the mechanism to support the market development of hydrogen
Participation in the mechanism to support the market development of hydrogen shall be open to hydrogen undertakings and undertakings consuming hydrogen established in the Union on a non-discriminatory basis. Such undertakings shall be precluded from participating as suppliers and off-takers if they are:
(a) subject to Union restrictive measures adopted pursuant to Article 29 TEU or Article 215 TFEU, consisting of a prohibition to make available or transfer funds or economic resources or to provide financing or financial assistance to them directly or indirectly, or of an asset freeze; or
(b) directly or indirectly owned or controlled by, or acting on behalf or at the direction of natural or legal persons, entities or bodies subject to such Union restrictive measures.
Contractual obligations shall be put in place to ensure that no funds or economic resources are made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies which are:
(a) subject to Union restrictive measures adopted pursuant to Article 29 TEU or Article 215 TFEU, consisting of a prohibition to make available or transfer funds or economic resources or to provide financing or financial assistance to them directly or indirectly, or of an asset freeze; or
(b) directly or indirectly owned or controlled by, or acting on behalf or at the direction of natural or legal persons, entities or bodies subject to such Union restrictive measures.
Hydrogen undertakings and undertakings consuming hydrogen established in the Energy Community Contracting Parties may participate in the mechanism to support the market development of hydrogen provided that the necessary measures or arrangements are in place to allow their participation in the mechanism to support the market development of hydrogen pursuant to this Article and to Articles 52 and 54.
Article 54
Possibility to limit the participation in the mechanism to support the market development of hydrogen
The Commission may decide, by means of an implementing act, to temporarily exclude offers of hydrogen supplies originating in the Russian Federation or Belarus from being collected through the mechanism to support the market development of hydrogen, where necessary to protect the essential security interests or the security of supply of the Union or of a Member State, provided that such measures:
(a) do not unduly disrupt the proper functioning of the internal market for hydrogen and do not undermine the security of supply of the Union or of a Member State;
(b) respect the principle of energy solidarity;
(c) are taken in accordance with the rights and obligations of the Union or of the Member States with respect to third countries.
Sufficiently in advance of the first collection of offers, the Commission shall assess whether all the conditions laid down in paragraph 1 are met with the view to deciding on any measures referred to therein. Any such decision shall be valid for a period of up to one year and may be renewed if justified.
The Commission shall continuously assess whether the conditions laid down in paragraph 1 are met and shall keep the European Parliament and the Council duly informed about its assessments, including the assessment referred to in the first subparagraph of this paragraph.
The Commission shall take appropriate measures to ensure the effective application of this Article.
CHAPTER III
RULES APPLICABLE TO THE HYDROGEN NETWORKS
Article 55
Cross-border coordination with regard to hydrogen quality
Hydrogen transmission network operators shall cooperate to avoid restrictions to cross-border flows of hydrogen due to hydrogen quality differences in order to meet the quality requirements of different end-use applications in line with the applicable hydrogen quality standards.
Where a restriction to cross-border flows due to hydrogen quality differences cannot be avoided by the hydrogen transmission network operators concerned in their standard operations, they shall inform the regulatory authorities concerned without delay. The information shall include a description and the reasons justifying any measures already taken by the hydrogen transmission network operators.
The regulatory authorities concerned shall jointly agree, within six months of receipt of the information referred to in paragraph 2, whether to recognise the restriction.
Where the regulatory authorities concerned recognise the restriction pursuant to paragraph 3, they shall request the hydrogen transmission network operators concerned to perform, within 12 months of the recognition of the restriction as referred to in that paragraph, the following actions in sequence:
(a) to cooperate and develop technically feasible options in order to remove the recognised restriction;
(b) jointly to carry out a cost-benefit analysis on the technically feasible options to define economically efficient solutions which shall specify the breakdown of costs and benefits among the categories of affected parties;
(c) to produce an estimate of the implementation time for each potential option;
(d) to conduct a public consultation on identified feasible solutions and take into consideration the results of that consultation;
(e) to submit a joint proposal, on the basis of the cost-benefit analysis and results of the public consultation, for a solution removing the recognised restriction, including the timeframe for its implementation, to their regulatory authorities concerned for approval and to the other competent national authorities of each Member State concerned for information.
Where the hydrogen transmission network operators concerned do not reach an agreement to submit a joint proposal pursuant to paragraph 4, point (e), each hydrogen transmission network operator shall inform its regulatory authority without delay.
The regulatory authorities concerned shall take a joint coordinated decision to remove the recognised restriction, taking into account the cost-benefit analysis carried out by the hydrogen transmission network operators concerned and the results of the public consultation conducted pursuant to paragraph 4, point (d), of this Article within six months of receipt of the information referred to in paragraph 5 of this Article, in accordance with Article 6(10) of Regulation (EU) 2019/942.
The joint coordinated decision of the regulatory authorities concerned referred to in paragraph 6 shall include a decision on the allocation of the investment costs to be borne by each hydrogen transmission network operator for implementing the agreed solution, as well as their inclusion in tariffs after 1 January 2033, taking into account the economic, social and environmental costs and benefits of the solution in the Member States concerned.
ACER may issue recommendations to the regulatory authorities on the details of such cost allocation decisions as referred to in paragraph 7.
Where the regulatory authorities concerned cannot reach an agreement as referred to in paragraph 3 of this Article, ACER shall decide on the restriction, in accordance with Article 6(10) of Regulation (EU) 2019/942. Where ACER recognises the restriction, it shall request the hydrogen transmission network operators concerned to perform, within 12 months, the actions referred to in paragraph 4 of this Article in sequence.
Where the regulatory authorities concerned cannot take a joint coordinated decision as referred to in paragraphs 6 and 7 of this Article, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each hydrogen transmission network operator for implementing the agreed solution, in accordance with Article 6(10) of Regulation (EU) 2019/942.
Further details required to implement this Article, including details on a common binding hydrogen quality specification for cross-border hydrogen interconnectors, cost benefit analysis for removing cross-border flow restrictions due to hydrogen quality differences, interoperability rules for cross-border hydrogen infrastructure, including addressing interconnection agreements, units, data exchange, communication and information provision among relevant market participants, shall be laid down in a network code established pursuant to Article 72(1), point (b).
Article 56
Cooperation between hydrogen distribution network operators and hydrogen transmission network operators
Hydrogen distribution network operators shall cooperate with other hydrogen distribution network operators and hydrogen transmission network operators to coordinate the maintenance, hydrogen network development, new connections, decommissioning and the operation of the hydrogen system to ensure hydrogen system integrity, with a view to maximising capacity and minimising the energy consumption to operate the hydrogen system.
Article 57
European Network of Network Operators for Hydrogen
Hydrogen transmission network operators shall cooperate at Union level through the ENNOH, in order to promote the development and proper functioning of the internal market for hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the European hydrogen transmission network.
The ENNOH shall cooperate closely with the ENTSO for Electricity and the ENTSO for Gas on identifying synergies and on fostering system integration across energy carriers in order to facilitate overall energy system efficiency.
The ENNOH shall consist of hydrogen transmission network operators certified pursuant to Article 71 of Directive (EU) 2024/1788.
Hydrogen transmission network operators shall be eligible to become a member of the ENNOH from the start of the certification procedure conducted by the regulatory authority, subject to:
(a) subsequent positive certification in accordance with Article 14 of this Regulation and Article 71 of Directive (EU) 2024/1788 conducted within 24 months of becoming a member of the ENNOH; and
(b) at least developing hydrogen infrastructure projects with a final investment decision within four years of becoming a member of the ENNOH.
If the final certification decision referred to in the second subparagraph, point (a), has not been taken within 24 months of becoming a member of the ENNOH or if the final investment decision referred to in the second subparagraph, point (b), has not been taken within four years of becoming a member of the ENNOH, the ENNOH membership of the hydrogen transmission network operator shall expire.
By way of derogation from paragraph 3 of this Article, a hydrogen transmission network operator that benefits from a derogation from Article 68 of Directive (EU) 2024/1788 shall be eligible to become a member of the ENNOH, provided that the operator is established in a Member State where no other hydrogen transmission network operator is a member of the ENNOH pursuant to paragraph 3 of this Article. Member States may nominate such a hydrogen transmission network operator and shall submit any such nomination to the ENNOH, the Commission and ACER. Member States may revoke such a nomination at any time. Where the hydrogen transmission network operator has not taken a final investment decision with regard to a hydrogen infrastructure project within four years of becoming a member of the ENNOH, that operator’s membership of the ENNOH shall expire.
Member States which have not designated a hydrogen transmission network operator, but which plan to develop a hydrogen transmission network in accordance with their integrated national energy and climate plans, may nominate an entity as associated partner within the ENNOH. The Member State concerned shall submit a nomination pursuant to this paragraph to the ENNOH, the Commission and ACER. The Member State concerned may revoke such a nomination at any time. That nomination shall expire when a hydrogen transmission network operator established in the Member State concerned becomes a member of the ENNOH.
When performing its functions under Union law, the ENNOH shall act with a view to establishing a properly functioning and integrated internal market for hydrogen and shall contribute to the efficient and sustainable achievement of the objectives laid down in the policy framework for climate and energy, in particular by contributing to the efficient integration of hydrogen produced from renewable energy sources and to increases in energy efficiency while maintaining hydrogen system security. The ENNOH shall have adequate human and financial resources to carry out its duties.
By 1 September 2024, the hydrogen transmission network operators shall submit to the Commission and to ACER the draft statutes, a list of members and draft rules of procedure, including the rules of procedure on the consultation of stakeholders, of the ENNOH to be established.
The hydrogen transmission network operators shall submit to the Commission and to ACER any draft amendments to the statutes, list of members or rules of procedure of the ENNOH.
Within four months of receipt of the drafts referred to in paragraph 7 and the draft amendments to the statutes, list of members or rules of procedure referred to in paragraph 8, ACER shall, after consulting the organisations representing all stakeholders, in particular the hydrogen system users, including customers, provide an opinion to the Commission on those drafts or draft amendments to the statutes, list of members or rules of procedure.
The Commission shall issue an opinion on the drafts and draft amendments to the statutes, list of members or rules of procedure, taking into account ACER’s opinion referred to in paragraph 9, within three months of the date of receipt of that opinion.
Within three months of receipt of the Commission’s favourable opinion, the hydrogen transmission network operators shall adopt and publish the statutes, list of members and rules of procedure of the ENNOH.
The documents referred to in paragraph 7 shall be submitted to the Commission and ACER where there are changes thereto or upon the reasoned request of the Commission or ACER. The Commission and ACER shall issue their opinions in accordance with paragraphs 9, 10 and 11.
Article 58
Transition to the ENNOH
Until the ENNOH is established, the ENTSO for Gas shall be responsible for the development of Union-wide network development plans for natural gas and hydrogen referred to in Articles 32 and 60. When carrying out that task, the ENTSO for Gas shall ensure the effective consultation and inclusion of all market participants, including hydrogen market participants.
Article 59
Tasks of the ENNOH
The ENNOH shall have the following tasks:
(a) develop network codes in the areas listed in Article 72 with a view to achieving the objectives set out in Article 57;
(b) develop jointly with the ENTSO for Gas the network codes referred to in Article 72(1), point (f);
(c) adopt and publish, every two years, a non-binding Union-wide ten-year network development plan for hydrogen referred to in Article 60 (the ‘Union-wide network development plan for hydrogen’), including a European supply adequacy outlook;
(d) cooperate with the ENTSO for Electricity, the ENTSO for Gas and the EU DSO entity;
(e) develop recommendations to hydrogen transmission network operators on their technical cooperation with hydrogen distribution network operators and with transmission system operators and distribution system operators in the Union;
(f) develop recommendations relating to the coordination of technical cooperation between Union and third-country hydrogen network operators;
(g) adopt an annual work programme;
(h) adopt an annual report;
(i) adopt an annual outlook for the hydrogen supply covering Member States where hydrogen is used in electricity generation;
(j) adopt a hydrogen quality monitoring report by 15 May 2026 and every two years thereafter, including developments and forecasts for the expected developments of hydrogen quality parameters, as well as information on cases related to differences in hydrogen quality specifications and how such cases were settled;
(k) promote cybersecurity and data protection in cooperation with relevant authorities and regulated entities;
(l) develop and promote best practices in the detection, monitoring and reduction of hydrogen leaks.
The ENNOH shall monitor and analyse the implementation of the network codes and the guidelines adopted by the Commission in accordance with Articles 72, 73 and 74, and their effect on the harmonisation of applicable rules aimed at facilitating hydrogen market development and integration. The ENNOH shall report its findings to ACER and shall include the results of the analysis in the annual report referred to in paragraph 1, point (h), of this Article.
The ENNOH shall publish the minutes of its assembly meetings, board meetings and committee meetings and provide the public with regular information on its decision-making and activities.
The annual work programme referred to in paragraph 1, point (g), shall contain a list and description of the network codes to be prepared, a plan on the coordination of the operation of the hydrogen network, a list of research and development activities, to be realised in the course of that year, and an indicative calendar.
The ENNOH shall provide ACER with the information ACER requires to fulfil its tasks pursuant to Article 64. In order to enable the ENNOH to meet that requirement, hydrogen transmission network operators shall provide the ENNOH with the requested information.
Upon request of the Commission, the ENNOH shall give its views to the Commission on the adoption of the guidelines as laid down in Article 74.
Article 60
Union-wide network development plan for hydrogen
The Union-wide network development plan for hydrogen shall include the modelling of the integrated hydrogen network, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system.
The Union-wide network development plan for hydrogen shall, in particular:
(a) build on the national hydrogen transmission network development plans as laid down in Article 55 of Directive (EU) 2024/1788 and Chapter IV of Regulation (EU) 2022/869;
(b) regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors as referred to in Article 55(7) of Directive (EU) 2024/1788; and
(c) identify investment gaps, in particular with respect to the necessary cross-border capacities, to implement the priority corridors for hydrogen and electrolysers as referred to in point 3 of Annex I to Regulation (EU) 2022/869. With regard to the second subparagraph, point (c), a review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices may be annexed to the Union-wide network development plan for hydrogen. Such a review may be accompanied, where appropriate, by a comprehensive plan to remove such barriers and accelerate the implementation of the priority corridors for hydrogen and electrolysers.
ACER shall provide an opinion on the national hydrogen transmission network development plans where relevant to assess their consistency with the Union-wide network development plan for hydrogen. If ACER identifies inconsistencies between a national hydrogen transmission network development plan and the Union-wide network development plan for hydrogen, it shall recommend amending the national hydrogen transmission network development plan or the Union-wide network development plan for hydrogen as appropriate.
When developing the Union-wide network development plan for hydrogen, the ENNOH shall cooperate with the ENTSO for Electricity and with the ENTSO for Gas, in particular on the development of the energy system wide cost-benefit analysis and the interlinked energy market and network model including electricity, natural gas and hydrogen transport infrastructure as well as natural gas storage, hydrogen storage, LNG and hydrogen terminals and electrolysers referred to in Article 11 of Regulation (EU) 2022/869, the scenarios for the ten-year network development plans referred to in Article 12 of that Regulation and the infrastructure gaps identification referred to in Article 13 of that Regulation.
Article 61
Union-level integrated network planning
During the transitional period until 1 January 2027, the ENTSO for Gas shall develop the 2026 Union-wide network development plan for hydrogen, with the full involvement of hydrogen transmission network operators and together with the ENNOH as soon as it is established. The 2026 Union-wide network development plan for hydrogen shall consist of two separate chapters, one for hydrogen and one for natural gas. The ENTSO for Gas shall without delay transfer to the ENNOH all the information, including data and analyses it collected during the preparation of the Union-wide network development plans for hydrogen by 1 January 2027.
The ENNOH shall develop the 2028 Union-wide network development plan for hydrogen pursuant to this Article and Article 60.
The ENNOH shall cooperate closely with the ENTSO for Electricity and the ENTSO for Gas to develop integrated Union-wide network development plans pursuant to Articles 32 and 60 of this Regulation and to Article 30 of Regulation (EU) 2019/943 respectively. That cooperation shall include in particular the following:
(a) the ENNOH, together with the ENTSO for Electricity and the ENTSO for Gas, shall develop a single set of joint scenarios for the ten-year network development plans pursuant to Article 12 of Regulation (EU) 2022/869;
(b) the ENNOH, the ENTSO for Electricity and the ENTSO for Gas, working together, shall each develop coordinated infrastructure gaps reports within the framework of the Union-wide ten-year network development plans pursuant to Article 13 of Regulation (EU) 2022/869;
(c) within six months of approval of the joint scenarios report pursuant to Article 12(6) of Regulation (EU) 2022/869 and every two years thereafter, the ENNOH shall publish the infrastructure gaps reports developed within the framework of the Union-wide ten-year network development plans;
(d) the ENNOH shall draft a single sector draft methodology for an energy system wide hydrogen cost-benefit analysis and a consistent and progressively integrated model together with the ENTSO for Electricity and the ENTSO for Gas pursuant to Article 11 of Regulation (EU) 2022/869, which shall be consistent with the methodologies developed both by the ENTSO for Electricity and the ENTSO for Gas pursuant to Article 11 of Regulation (EU) 2022/869 and shall provide transparency with regard to the most cost-efficient solutions across energy carriers, including non-infrastructure-based solutions;
(e) the methodologies referred to in point (d) of this paragraph shall be applied for the preparation of each subsequent Union-wide network development plan for hydrogen developed by the ENNOH pursuant to Article 60 of this Regulation;
(f) the ENNOH shall develop the joint scenarios, infrastructure gaps reports, the single sector draft methodology and the integrated model in accordance with Articles 11, 12 and 13 of Regulation (EU) 2022/869;
(g) where decisions need to be made to ensure system efficiency as defined in Article 2, point (4), of Directive (EU) 2023/1791 across energy-carriers the Commission shall ensure that the ENTSO for Electricity, the ENTSO for Gas and the ENNOH cooperate closely;
(h) the ENNOH, the ENTSO for Electricity and the ENTSO for Gas shall cooperate in an efficient, inclusive and transparent manner, they shall facilitate taking decisions by consensus and they shall develop the necessary working arrangements for the purpose of enabling such cooperation and ensuring their fair representation. The ENNOH, together with the ENTSO for Electricity and the ENTSO for Gas, may establish working groups to fulfil its obligations pursuant to the first subparagraph, points (a), (b) and (d) and shall ensure fair and equal representation of the hydrogen, electricity and gas sectors in the working groups.
Article 62
Costs of the ENNOH
The costs related to the execution of tasks of the ENNOH referred to in Article 59 shall be borne by the hydrogen transmission network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs provided that they are reasonable and appropriate.
Article 63
Consultations by the ENNOH
While preparing the proposals pursuant to the tasks referred to in Article 59, the ENNOH shall conduct an extensive public consultation process, at an early stage and in an open and transparent manner, involving all relevant market participants, and, in particular, the organisations representing all stakeholders, in accordance with the rules of procedure referred to in Article 57. The consultation process shall accommodate stakeholder comments before the final adoption of the proposal, with the aim of identifying the views and proposals of all relevant stakeholders during the decision-making process. That consultation shall also involve regulatory authorities and other national authorities, producers, network users including customers, technical bodies and stakeholder platforms.
All documents and minutes of meetings related to the consultations referred to in paragraph 1 shall be made public.
Before adopting the proposals referred to in Article 59, the ENNOH shall indicate how the observations received during the consultation have been taken into consideration. It shall provide reasons where observations have not been taken into account.
Article 64
ACER’s monitoring of the ENNOH
ACER shall monitor the execution of the tasks of the ENNOH referred to in Article 59 and report its findings to the Commission.
ACER shall monitor the implementation by the ENNOH of network codes and guidelines adopted by the Commission as laid down in Articles 72, 73 and 74. Where the ENNOH has failed to implement such network codes or guidelines, ACER shall request the ENNOH to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon.
The ENNOH shall submit the draft Union-wide network development plan for hydrogen, the draft annual work programme, including the information regarding the consultation process, and the other documents referred to in Article 59 to ACER for its opinion.
Within two months of the date of receipt, ACER shall provide a duly reasoned opinion as well as recommendations to the ENNOH and to the Commission where it considers that the draft annual work programme or the draft Union-wide network development plan for hydrogen submitted by the ENNOH does not contribute to non-discrimination, effective competition, the proper functioning of the market or a sufficient level of cross-border interconnection. The ENNOH shall duly take into account ACER’s opinion and recommendations.
Article 65
Regional cooperation of hydrogen transmission network operators
Hydrogen transmission network operators shall establish regional cooperation within the ENNOH to contribute to the tasks referred to in Article 59.
Hydrogen transmission network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall ensure interoperability of the interconnected Union hydrogen system for facilitating commercial and operational cooperation between adjacent hydrogen transmission network operators.
Article 66
Transparency requirements concerning hydrogen network operators
The hydrogen network operator shall make public detailed information regarding the services it offers and the relevant conditions applied, together with the technical information necessary for hydrogen network users to obtain effective network access.
In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the hydrogen network, from 1 January 2031 hydrogen network operators or relevant regulatory authorities shall publish complete information on tariff derivation, methodology and structure.
The hydrogen network operators shall make public detailed information regarding the quality of hydrogen transported in their networks, which might affect network users.
The relevant points of a hydrogen network on which the information is to be made public shall be approved by the competent authorities after consultation with hydrogen network users.
The hydrogen network operators shall always disclose the information required by this Regulation in a meaningful, quantifiably clear, easily accessible and non-discriminatory manner.
The hydrogen network operators shall make public ex ante and ex post supply and demand information, including a periodic forecast and the recorded information. The regulatory authority shall ensure that all such information is made public. The level of detail of the information that is made public shall reflect the information available to the hydrogen network operator.
The market participants concerned shall provide the hydrogen network operator with the data referred to in this Article.
Further details required to implement the transparency requirements for hydrogen network operators, including further details on the content, frequency and form of information provision by hydrogen network operators, shall be laid down in a network code established in accordance with Article 72(2).
Article 67
Record keeping in the hydrogen system
Hydrogen network operators, hydrogen storage operators and hydrogen terminal operators shall keep at the disposal of the national authorities, including the regulatory authorities and the national competition authorities, and the Commission, all information referred to in Articles 34 and 66 and in point 4 of Annex I for a period of five years.
Article 68
Presumption of conformity of practices with harmonised standards for hydrogen
Practices which are in conformity with harmonised standards, or parts thereof, the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements laid down in delegated acts adopted pursuant to Article 72(1), point (b).
Article 69
Common specifications for hydrogen
The Commission may lay down common specifications in a network code pursuant to Article 72(1), point (b), of this Regulation or may adopt implementing acts establishing common specifications for the requirements laid down in Article 50 of Directive (EU) 2024/1788, where:
(a) those requirements are not covered by harmonised standards, or parts thereof, the references of which have been published in the Official Journal of the European Union;
(c) the Commission has decided in accordance with the procedure referred to in Article 11(5) of Regulation (EU) No 1025/2012 to maintain with restriction or to withdraw the references to the harmonised standards, or parts thereof, by which those requirements are covered. The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 81(3).
In the early preparation of the draft implementing act establishing the common specifications referred to in paragraph 1, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectorial Union law, and shall duly consult all relevant stakeholders. On the basis of that consultation, the Commission shall prepare the draft implementing act.
Practices which are in conformity with common specifications, or parts thereof, shall be presumed to be in conformity with the requirements laid down in the delegated acts adopted pursuant to Article 72(1), point (b), to the extent that those requirements are covered by such common specifications or parts thereof.
Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. When the reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal implementing acts referred to in paragraph 1 of this Article, or parts thereof which cover the same requirements referred to in paragraph 1 of this Article.
CHAPTER IV
NETWORK CODES AND GUIDELINES
Article 70
Adoption of network codes and guidelines
The Commission may, subject to the empowerments laid down in Articles 71 to 74, adopt delegated or implementing acts. Such acts may either be adopted as network codes on the basis of text proposals developed by the ENTSO for Gas or the ENNOH, or, where so provided for in the priority list established pursuant to Article 71(3), by the EU DSO entity, where relevant in cooperation with the ENTSO for Gas, the ENNOH and ACER, pursuant to the procedure laid down in Articles 71, 72 and 73, or as guidelines pursuant to the procedure laid down in Article 74.
The network codes and guidelines shall:
(a) provide the minimum degree of harmonisation required to achieve the objectives of this Regulation;
(b) take into account regional specificities, where appropriate;
(c) not go beyond what is necessary for the purposes of point (a); and
(d) apply to all interconnection points within the Union and entry points from and exit points to third countries from 5 August 2026.
Until 5 February 2026, regulatory authorities may submit a request to the Commission for a derogation from the application of the network codes and guidelines referred to in paragraph 1 at entry points from and exit points to third countries pursuant to paragraph 2, point (d). The request for a derogation shall be submitted simultaneously to the Commission and to ACER. Within three months of the date of receipt of the request for a derogation ACER shall provide a reasoned opinion to the Commission.
The Commission shall adopt a decision on the request for a derogation, taking into account ACER’s reasoned opinion and after assessing whether the regulatory authority has:
(a) demonstrated that a network code or guideline, or specific element of those acts, cannot be effectively implemented at entry points from and exit points to third countries; in the case of interconnection points with third countries which have the obligation to adapt to the Union energy acquis, including this Regulation, pursuant to an agreement concluded between the Union and those third countries, but where application or implementation has not been completed, the request for a derogation shall specify which provisions of this Regulation have not been effectively applied or implemented in the third country concerned or which technical rules or lack of technical rules in the third country impede the application of the specific provisions of the relevant network code or guideline;
(b) explained which measures were taken to alleviate the obstacles to the application of the specific provisions of the relevant network code or guideline;
(c) demonstrated that the derogation is not detrimental to the proper functioning of the internal market for natural gas, or to the security of supply of the Union or of a Member State.
The derogation shall be limited to the specific provisions that cannot be effectively implemented and shall be granted for a limited period of time.
Article 71
Establishment of network codes for natural gas
The Commission is empowered to adopt delegated acts in accordance with Article 80 to supplement this Regulation by establishing network codes in the following areas:
(a) network security and reliability rules including rules for operational network security as well as reliability rules ensuring the quality of service of the network;
(b) network connection rules including rules on the connection of renewable gas and low-carbon gas production facilities, and procedures for connection requests;
(c) operational procedures in an emergency including system defence plans, restoration plans, market interactions, information exchange and communication tools and facilities;
(d) rules for trading related to technical and operational provision of network access services and system balancing;
(e) energy efficiency of natural gas networks and components as well as energy efficiency with regard to network planning and investments enabling the most energy efficient solution from a system perspective;
(f) cybersecurity aspects of cross-border natural gas flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management.
The Commission may adopt implementing acts establishing network codes in the following areas:
(a) interoperability rules for the natural gas system, implementing Article 21 of this Regulation and Articles 10, 39 and 44 of Directive (EU) 2024/1788, including addressing interconnection agreements, rules on flow control and measurement principles for the quantity of natural gas and gas quality, allocation and matching rules, common sets of units, data exchange, gas quality, including rules on managing cross-border restrictions due to gas quality differences or due to differences in odorisation practices or due to differences in the volume of hydrogen blended in the natural gas system, cost-benefit analyses for removing cross-border flow restrictions, Wobbe Index classification, mitigating measures, minimum acceptance levels for gas quality parameters relevant for ensuring the unhindered cross-border flow of biomethane, for example oxygen content, short- and long-term gas quality monitoring, information provision and cooperation among relevant market participants, reporting on gas quality, transparency, communication procedures including in the case of exceptional circumstances;
(b) capacity-allocation and congestion-management rules implementing Articles 8 to 11 of this Regulation and Article 31 of Directive (EU) 2024/1788, including rules on cooperation on maintenance procedures and capacity calculation affecting capacity allocation, the standardisation of capacity products and units including bundling, the allocation methodology including auction algorithms, sequence and procedure for existing, incremental, firm and interruptible capacity, capacity booking platforms, oversubscription and buy back schemes, short and long-term use-it-or-lose-it schemes or any other congestion-management scheme that prevents the hoarding of capacity;
(c) balancing rules including network-related rules on nomination procedures, rules for imbalance charges, settlement processes associated with the daily imbalance charge and rules for operational balancing between transmission system operators’ systems implementing Articles 8 to 11 of this Regulation and Article 39(5) of Directive (EU) 2024/1788;
(d) rules on harmonised transmission tariff structures implementing Articles 17 and 18 of this Regulation and Article 78(7) of Directive (EU) 2024/1788, including rules on the application of a reference price methodology, the associated consultation and publication requirements including for the allowed or target revenue as well as the calculation of reserve prices for standard capacity products, discounts for LNG terminal and storage, procedures for the implementation of providing a discount for renewable gas and low-carbon gas, including common principles for inter-transmission-system-operator compensation mechanisms pursuant to Article 17(4) and Article 18 of this Regulation, where appropriate;
(e) rules for determining the value of transferred assets and the dedicated charge.
The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 81(3).
The Commission shall, after consulting ACER, the ENTSO for Gas, the ENNOH, the EU DSO entity and other relevant stakeholders, establish, every three years, a priority list, identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes.
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