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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.