Article 40 Changes to the principal rules and procedures for the EU DSO entity

1.   The principal rules and procedures for the EU DSO entity pursuant to Article 54 of Regulation (EU) 2019/943 shall also apply to distribution system operators operating a natural gas system and hydrogen distribution network operators.

2.   The Strategic Advisory Group referred to in Article 54(2), point (f), of Regulation (EU) 2019/943 shall also consist of representatives of associations representing European distribution system operators operating a natural gas system or European hydrogen distribution network operators.

3.   By 5 August 2025, the EU DSO entity shall submit to the Commission and to ACER draft updated statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedure on the consultation with the ENTSO for Electricity, the ENTSO for Gas and other stakeholders, and draft updated financing rules.

The draft updated rules of procedure of the EU DSO entity shall ensure fair and balanced representation of all participating distribution system operators, including those owning or operating natural gas systems, and of hydrogen distribution network operators.

4.   Within four months of receipt of the documents submitted pursuant to paragraph 3, ACER shall provide the Commission with its opinion, after consulting organisations representing all stakeholders, in particular distribution system users, including customers.

5.   Within three months of receipt of ACER’s opinion, the Commission shall issue an opinion on the documents submitted pursuant to paragraph 3, taking into account ACER’s opinion referred to in paragraph 4.

6.   Within three months of receipt of the Commission’s positive opinion, the distribution system operators shall adopt and publish the EU DSO’s updated statutes, rules of procedure and financing rules.

7.   The documents referred to in paragraph 3 shall be submitted to the Commission and to ACER where there are changes thereto or upon the reasoned request of either of them. The Commission and ACER may issue an opinion in accordance with the process laid down in paragraphs 3, 4 and 5.