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1. 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) energy efficiency regarding hydrogen 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;

(b) interoperability rules for the hydrogen network, including addressing interconnection agreements, units, data exchange, transparency, communication, information provision and cooperation among relevant market participants as well as hydrogen quality, including common specifications at interconnection points and standardisation, odorisation, cost benefit analyses for removing cross-border flow restrictions due to hydrogen quality differences and reporting on hydrogen quality;

(c) rules for the system of financial compensation for cross-border hydrogen infrastructure referred to in Article 59 of Directive (EU) 2024/1788;

(d) capacity-allocation and congestion-management rules, 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;

(e) rules regarding harmonised tariff structures for hydrogen network access, including for tariffs at interconnection points as referred to in Article 7(8), 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 and allowed revenue;

(f) rules for determining the value of transferred assets and the dedicated charge;

(g) rules for determining the inter-temporal cost allocation;

(h) balancing rules including network-related rules on nomination procedure, rules for imbalance charges and rules for operational balancing between hydrogen network operators’ networks, imbalance charges, settlement processes associated with the daily imbalance charge and operational balancing between hydrogen network operators’ networks;

(i) cybersecurity aspects of cross-border hydrogen flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management.

2. The Commission may adopt implementing acts establishing network codes in the area of transparency rules implementing Article 66, including further details on the content, frequency and form of information provision by hydrogen network operators and implementing point 4 of Annex I, including details on the format and content of the information necessary for network users for effective access to the network, information to be published at relevant points, and details on time schedules. The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the advisory procedure referred to in Article 81(2).

3. The Commission shall, after consulting ACER, the ENNOH and, where relevant, the ENTSO for Gas or the EU DSO entity, as well as other relevant stakeholders, establish, every three years, a priority list, identifying the areas set out in paragraphs 1 and 2 of this Article to be included in the development of network codes. The Commission shall establish the first priority list for the development of hydrogen network codes within one year of the establishment of the ENNOH as provided for in Article 57.

4. The Commission shall request ACER to submit to it, within a reasonable period not exceeding six months of receipt of the Commission’s request, non-binding framework guidelines setting out clear and objective principles for the development of network codes relating to the areas identified in the priority list. The request of the Commission may include conditions which the framework guidelines shall address. Those framework guidelines shall contribute to market integration, non-discrimination, effective competition, and the proper functioning of the market. Upon the reasoned request of ACER, the Commission may extend the period for submitting the framework guidelines.

5. ACER shall consult the ENNOH and, where relevant, the ENTSO for Gas, as well as other relevant stakeholders with regard to the framework guidelines, for a period of no less than two months, in an open and transparent manner.

6. ACER shall submit framework guidelines to the Commission where requested to do so under paragraph 4.

7. If the Commission considers that the framework guidelines do not contribute to market integration, non-discrimination, effective competition and the proper functioning of the market, it may request ACER to review the framework guidelines within a reasonable period and resubmit it to the Commission.

8. If ACER fails to submit or resubmit framework guidelines within the period set by the Commission under paragraph 4 or 7, the Commission shall develop the framework guidelines concerned.

9. The Commission shall request the ENNOH to submit to ACER, within a reasonable period not exceeding 12 months of receipt of the Commission’s request, a proposal for a network code in accordance with the relevant framework guidelines.

10. The ENNOH shall convene a drafting committee to assist it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENTSO for Electricity and, where appropriate, the EU DSO entity, and a limited number of the main affected stakeholders. The ENNOH shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission pursuant to paragraph 9.

11. ACER shall revise the proposal for a network code to ensure that it complies with the relevant framework guidelines and contributes to market integration, non-discrimination, effective competition and the proper functioning of the market and shall submit the revised network code to the Commission within six months of receipt of the proposal. In the proposal submitted to the Commission, ACER shall take into account the views provided by all involved parties during the drafting of the proposal for a network code led by the ENNOH and shall consult the relevant stakeholders on the revised version of the proposal for a network code to be submitted to the Commission.

12. Where the ENNOH has failed to develop a network code within the period set by the Commission pursuant to paragraph 9, the Commission may request ACER to prepare a draft network code on the basis of the relevant framework guidelines. ACER may launch a further consultation for the purpose of preparing a draft network code pursuant to this paragraph. ACER shall submit a draft network code prepared pursuant to this paragraph to the Commission and may recommend that it be adopted.

13. Where the ENNOH has failed to develop a network code, or ACER has failed to develop a draft network code as referred to in paragraph 12, the Commission may adopt, on its own initiative, or upon the proposal of ACER pursuant to paragraph 11, one or more network codes in the areas listed in paragraphs 1 and 2.

14. Where the Commission proposes to adopt a network code on its own initiative as referred to in paragraph 13, it shall consult ACER, the ENNOH, the ENTSO for Gas and all relevant stakeholders with regard to the draft network code for a period of no less than two months.

15. This Article shall be without prejudice to the Commission’s right to adopt and amend the guidelines as laid down in Article 74. It shall be without prejudice to the possibility for the ENNOH to develop non-binding guidance in the areas set out in paragraphs 1 and 2 of this Article where such guidance does not relate to areas covered by a request addressed to the ENNOH by the Commission. The ENNOH shall submit any such guidance to ACER for an opinion and shall duly take that opinion into account.