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1. Member States shall ensure the implementation of a system of regulated third-party access to hydrogen storage and, when technically and economically necessary for providing efficient access to the system for the supply of customers, access to linepack, as well as for the organisation of access to ancillary services based on published tariffs and applied objectively and without discrimination between any hydrogen system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved by the regulatory authority prior to their entry into force in accordance with Article 78.

2. 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 storage and, when technically and economically necessary for providing efficient access to the system for the supply of customers, access to linepack, as well as for the organisation of access to ancillary services, in accordance with objective, transparent and non-discriminatory criteria. The regulatory authorities shall take the necessary measures for hydrogen storage users to be able to negotiate access to hydrogen storage and to ensure that the parties are obliged to negotiate access to hydrogen storage in good faith.

3. Member States may provide for capacity rights allocated before 5 August 2026 under a system of negotiated third-party access pursuant to paragraph 2 to be respected until their date of expiry and for them not to be affected by the implementation of a regulated third-party access pursuant to paragraph 1.