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1. Member States shall ensure the implementation of a system of regulated third-party access to hydrogen networks based on published tariffs and applied objectively and without discrimination between any hydrogen network users.

2. Member States shall ensure that the tariffs referred to in paragraph 1 of this Article, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 78 by a regulatory authority and that those tariffs – and the methodologies, where only methodologies are approved – are published prior to their entry into force.

3. Hydrogen network operators shall, where necessary for the purpose of carrying out their functions, including in relation to cross-border hydrogen transport, have access to the network of other hydrogen network operators.

4. Until 31 December 2032, a Member State may decide not to apply paragraph 1. In such a case, the Member State shall ensure the implementation of a system of negotiated third-party access to hydrogen networks in accordance with objective, transparent and non-discriminatory criteria. The regulatory authorities shall take the necessary measures for hydrogen network users to be able to negotiate access to hydrogen networks and to ensure that the parties are obliged to negotiate access to hydrogen networks in good faith.

5. Where negotiated access as referred to in paragraph 4 is used, regulatory authorities shall provide guidance to hydrogen network users on how negotiated tariffs are to be affected when regulated third-party access is introduced.