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1. Hydrogen network operators shall offer their services on a non-discriminatory basis to all network users, subject to equivalent contractual terms and conditions for the same service. Hydrogen network operators shall publish contractual terms and tariffs charged for network access and, if applicable, balancing charges, on their website.

2. The maximum capacity of a hydrogen network shall be made available to market participants, taking into account system integrity and efficient and safe network operation.

3. The maximum duration for capacity contracts shall be 20 years for infrastructure completed before 1 January 2028 and 15 years for infrastructure completed on or after that date. Regulatory authorities shall have the right to impose shorter maximum durations if necessary to ensure hydrogen market functioning, to safeguard competition and to ensure future cross-border integration. When adopting a decision on the imposition of a shorter maximum duration, the regulatory authorities shall take into account, inter alia, commitment from network users to secure network financing, negative implications on planning and refinancing possibilities.

4. Hydrogen transmission network operators shall implement and publish non-discriminatory and transparent congestion-management procedures, which also facilitate cross-border exchanges in hydrogen on a non-discriminatory basis.

5. Hydrogen network operators shall regularly assess market demand for new investments, taking into account security of supply and the efficiency of the final hydrogen use.

6. From 1 January 2033, hydrogen networks shall be organised as entry-exit systems.

7. Member States may decide not to apply paragraph 6 of this Article to hydrogen networks that benefit from a derogation pursuant to Article 52 Directive (EU) 2024/1788 and are not connected to another hydrogen network.

8. From 1 January 2033, or where a Member State decides to apply regulated third-party access to hydrogen networks in accordance with Article 35 of Directive (EU) 2024/1788 before 1 January 2033, Article 17 of this Regulation shall apply to tariffs for access to hydrogen networks and the obligations on transmission system operators set out in Article 17(1), (2), (4) and (5) of this Regulation shall apply to hydrogen network operators. Articles 18 and 19 of this Regulation shall not apply to hydrogen networks. Those Articles shall apply only to natural gas networks. Regulatory authorities shall consult regulatory authorities of directly connected Member States and relevant stakeholders before taking a decision on the methodology for setting hydrogen network access tariffs for the entry and exit points at cross-border interconnection points between those directly connected Member States, including for any virtual interconnection points. Regulatory authorities shall also submit the envisaged tariff methodology to ACER. By way of derogation from Article 17, the regulatory authorities may decide to charge no hydrogen network access tariffs or, when capacity is allocated via auctions, to set the reserve prices to zero. When deciding on the methodology for setting hydrogen network access tariffs at an interconnection point between Member States, the regulatory authorities concerned shall apply the tariff principles referred to in Article 17(1), (2), (4) and (5) and shall take into account the outcome of the consultations referred to in the second subparagraph of this paragraph, in particular of the consultations of the regulatory authorities of directly connected Member States, and the impact of the chosen network access tariffs on cross-border trade and market functioning in the directly connected Member States. The regulatory authorities of directly connected Member States may request ACER to provide a factual opinion on the methodology for setting the hydrogen network access tariffs or reserve prices for the entry and exit points at cross-border interconnection points between those Member States, in accordance with Article 6(5) of Regulation (EU) 2019/942. ACER shall inform the Commission accordingly, where relevant, in accordance with Article 6(6) of Regulation (EU) 2019/942. When providing a factual opinion, ACER shall carry out its assessment with due regard to the tariff principles referred to in Article 17(1) and (2) of this Regulation. Further details required to implement this paragraph, in particular the procedure for cross-border consultation or requesting an opinion of ACER, shall be set in a network code established pursuant to Article 72(1).

9. From 1 January 2033, hydrogen transmission network operators shall comply with the requirements on transmission system operators pursuant to Articles 5, 10 and 13 when offering their services, and shall publish tariffs for each network point on an online platform operated by the European Network of Network Operators for Hydrogen (ENNOH). Until a network code on capacity allocation for hydrogen transmission networks has been adopted pursuant to Article 72(1), point (d) and has entered into force, such publication may occur via links to the publication of tariffs on websites of hydrogen transmission network operators.