Tasks of hydrogen network, storage and terminal operators
1. Each operator of a hydrogen network, storage or terminal shall be responsible for:
(a)
operating, maintaining and developing, including repurposing, under economic conditions a secure and reliable infrastructure for hydrogen transport or storage with due regard to the environment, in close cooperation with connected and neighbouring hydrogen network operators in order to optimise co-location of production and use of hydrogen and on the basis of the ten-year network development plan referred to in Article 55;
(b)
ensuring the long-term ability of the hydrogen system to meet reasonable demands identified for the transport and storage of hydrogen in accordance with the ten-year network development plan referred to in Article 55;
(c)
ensuring adequate means to meet its obligations;
(d)
providing to the operator of other networks or systems with which its system is interconnected sufficient information, including on hydrogen quality, to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system;
(e)
not discriminating between hydrogen system users or classes of infrastructure users, specifically in favour of its related undertakings;
(f)
providing hydrogen system users with the information they need for efficient access to the infrastructure;
(g)
taking all reasonable measures available to prevent and minimise hydrogen emissions in their operations and carrying out, at regular intervals, a hydrogen leak detection and repair survey of all relevant components under the operator responsibility;
(h)
submitting a hydrogen leak detection report and, where necessary, a repair or replacement programme to the competent authorities, making public statistical information on hydrogen leak detection and repair on an annual basis.
2. Hydrogen transmission network operators shall aim to ensure sufficient cross-border capacity to integrate European hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity identified in the ten-year network development plan referred to in Article 55 of this Directive and the Union-wide ten-year network development plan for hydrogen referred to in Article 60 of Regulation (EU) 2024/1789 and taking into account security of hydrogen supply. Upon their certification pursuant to Article 71 of this Directive and Article 14 of Regulation (EU) 2024/1789, competent authorities of Member States may decide to task one or a limited number of hydrogen transmission network operators with the responsibility for ensuring cross-border capacity.
3. Where appropriate for system management and end-users, the regulatory authority shall entrust hydrogen network operators with the responsibility for ensuring efficient hydrogen quality management and stable hydrogen quality in their networks in line with applicable hydrogen quality standards.
4. Hydrogen network operators shall be responsible for balancing in their networks as from 1 January 2033, or as from an earlier date where so provided by the regulatory authority. Rules adopted by hydrogen network operators for balancing the hydrogen network shall be objective, transparent and non-discriminatory, including rules for the charging of users of their networks for energy imbalance.
Existing hydrogen networks
1. Member States may provide for regulatory authorities to grant a derogation from the requirements of one or more of Articles 35, 46, 68, 69, 70 and 71 of this Directive and Articles 7 and 65 of Regulation (EU) 2024/1789 to hydrogen networks that belonged to a vertically integrated undertaking on 4 August 2024.
2. Any derogation granted pursuant to paragraph 1 shall expire where:
(a)
the regulatory authority, upon request by the vertically integrated undertaking, decides to end the derogation;
(b)
the hydrogen network benefitting from the derogation is connected to another hydrogen network;
(c)
the hydrogen network benefitting from the derogation or its capacity is expanded by more than 5 % in terms of length or capacity compared to 4 August 2024; or
(d)
the regulatory authority concludes by decision that the continued application of the derogation would carry the risk of impeding competition or adversely affecting the efficient deployment of hydrogen infrastructure or the development and functioning of the market for hydrogen in the Member State or the Union.
3. Every seven years as from the date of granting of a derogation pursuant to paragraph 1, the regulatory authority shall publish an assessment of the impact of the derogation on competition, on hydrogen infrastructure and on the development and functioning of the market for hydrogen in the Union or the Member State.
4. Regulatory authorities may request operators of existing hydrogen networks to provide them with all information necessary for the execution of their tasks.
Geographically confined hydrogen networks
1. Member States may provide for regulatory authorities to grant a derogation from Articles 68 and 71 or from Article 46 for hydrogen networks which transport hydrogen within a geographically confined, industrial or commercial area. For the duration of the derogation, such network shall fulfil all the following conditions:
(a)
it shall not include hydrogen interconnectors;
(b)
it shall not have direct connections to hydrogen storage facilities or hydrogen terminals, unless such storage facilities or terminals are also connected to a hydrogen network which does not benefit from a derogation granted pursuant to this Article or to Article 51;
(c)
it shall primarily serve the purpose of supplying hydrogen to customers directly connected to this network; and
(d)
it shall not be connected to any other hydrogen network, except to networks also benefiting from a derogation granted pursuant to this Article which are operated by the same hydrogen network operator.
2. The regulatory authority shall adopt a decision to withdraw the derogation pursuant to paragraph 1 if it concludes that the continued application of the derogation would carry the risk of impeding competition or adversely affecting the efficient deployment of hydrogen infrastructure or the development and functioning of the market for hydrogen in the Union or the Member State, or where any of the conditions listed in paragraph 1 is no longer fulfilled.
Every seven years from the granting of a derogation pursuant to paragraph 1, the regulatory authority shall publish an assessment of the impact of the derogation on competition, on hydrogen infrastructure and on the development and functioning of the market for hydrogen in the Union or the Member State.
Member States shall take the necessary measures to ensure that access requests of hydrogen producers as well as connection requests of industrial customers are notified to the regulatory authority, made public and treated pursuant to Article 42. Publication of access requests shall preserve the confidentiality of commercially sensitive information.
Hydrogen interconnectors with third countries
1. The Union shall, for each hydrogen interconnector between Member States and third countries, conclude prior to its operation an international agreement in accordance with Article 218 TFEU with the connected third countries concerned, setting out the operating rules for the hydrogen interconnector concerned, where necessary to ensure coherence and consistency with the rules applicable to hydrogen networks set out in this Directive and Regulation (EU) 2024/1789. An international agreement shall not be considered necessary where the Member State connected or intending to be connected by a hydrogen interconnector negotiates and concludes an intergovernmental agreement with the connected third countries concerned in accordance with Article 89 of this Directive, setting out the operating rules for the hydrogen interconnector concerned to ensure coherence and consistency with the rules applicable to hydrogen networks laid down in this Directive and in Regulation (EU) 2024/1789.
2. Paragraph 1 of this Article shall be without prejudice to Article 85 and to the allocation of competence between the Union and the Member States.
3. Paragraph 1 shall also be without prejudice to the possibility for the Union and the Member States, pursuant to their respective competence and in compliance with applicable procedures, to enter into dialogues with connected third countries, including to establish cooperation on matters relevant for the production of hydrogen such as social and environmental matters.
Confidentiality for operators of hydrogen networks, hydrogen storage facilities and hydrogen terminals
1. Without prejudice to legal duties to disclose information, each operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, and each owner of a hydrogen network, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, if the operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, or the owner of a hydrogen network, is part of a vertically integrated undertaking, it shall not disclose any commercially sensitive information to the remaining parts of the vertically integrated undertaking other than transmission system operators, distribution system operators or hydrogen network operators, unless this is necessary for carrying out a business transaction.
2. The operator of a hydrogen network, hydrogen storage facility or hydrogen terminal shall not, in the context of sales or purchases of hydrogen by related undertakings, misuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.
3. Information necessary for effective competition and the efficient functioning of the market shall be made public. That obligation shall be without prejudice to protecting commercially sensitive information.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
