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1. The Union shall, for each hydrogen interconnector between Member States and third countries, conclude prior to its operation an international agreement in accordance with Article 218 TFEU with the connected third countries concerned, setting out the operating rules for the hydrogen interconnector concerned, where necessary to ensure coherence and consistency with the rules applicable to hydrogen networks set out in this Directive and Regulation (EU) 2024/1789. An international agreement shall not be considered necessary where the Member State connected or intending to be connected by a hydrogen interconnector negotiates and concludes an intergovernmental agreement with the connected third countries concerned in accordance with Article 89 of this Directive, setting out the operating rules for the hydrogen interconnector concerned to ensure coherence and consistency with the rules applicable to hydrogen networks laid down in this Directive and in Regulation (EU) 2024/1789.

2. Paragraph 1 of this Article shall be without prejudice to Article 85 and to the allocation of competence between the Union and the Member States.

3. Paragraph 1 shall also be without prejudice to the possibility for the Union and the Member States, pursuant to their respective competence and in compliance with applicable procedures, to enter into dialogues with connected third countries, including to establish cooperation on matters relevant for the production of hydrogen such as social and environmental matters.