Article 55 Cross-border coordination with regard to hydrogen quality

1.   Hydrogen transmission network operators shall cooperate to avoid restrictions to cross-border flows of hydrogen due to hydrogen quality differences in order to meet the quality requirements of different end-use applications in line with the applicable hydrogen quality standards.

2.   Where a restriction to cross-border flows due to hydrogen quality differences cannot be avoided by the hydrogen transmission network operators concerned in their standard operations, they shall inform the regulatory authorities concerned without delay. The information shall include a description and the reasons justifying any measures already taken by the hydrogen transmission network operators.

3.   The regulatory authorities concerned shall jointly agree, within six months of receipt of the information referred to in paragraph 2, whether to recognise the restriction.

4.   Where the regulatory authorities concerned recognise the restriction pursuant to paragraph 3, they shall request the hydrogen transmission network operators concerned to perform, within 12 months of the recognition of the restriction as referred to in that paragraph, the following actions in sequence:

5.   Where the hydrogen transmission network operators concerned do not reach an agreement to submit a joint proposal pursuant to paragraph 4, point (e), each hydrogen transmission network operator shall inform its regulatory authority without delay.

6.   The regulatory authorities concerned shall take a joint coordinated decision to remove the recognised restriction, taking into account the cost-benefit analysis carried out by the hydrogen transmission network operators concerned and the results of the public consultation conducted pursuant to paragraph 4, point (d), of this Article within six months of receipt of the information referred to in paragraph 5 of this Article, in accordance with Article 6(10) of Regulation (EU) 2019/942.

7.   The joint coordinated decision of the regulatory authorities concerned referred to in paragraph 6 shall include a decision on the allocation of the investment costs to be borne by each hydrogen transmission network operator for implementing the agreed solution, as well as their inclusion in tariffs after 1 January 2033, taking into account the economic, social and environmental costs and benefits of the solution in the Member States concerned.

8.   ACER may issue recommendations to the regulatory authorities on the details of such cost allocation decisions as referred to in paragraph 7.

9.   Where the regulatory authorities concerned cannot reach an agreement as referred to in paragraph 3 of this Article, ACER shall decide on the restriction, in accordance with Article 6(10) of Regulation (EU) 2019/942. Where ACER recognises the restriction, it shall request the hydrogen transmission network operators concerned to perform, within 12 months, the actions referred to in paragraph 4 of this Article in sequence.

10.   Where the regulatory authorities concerned cannot take a joint coordinated decision as referred to in paragraphs 6 and 7 of this Article, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each hydrogen transmission network operator for implementing the agreed solution, in accordance with Article 6(10) of Regulation (EU) 2019/942.

11.   Further details required to implement this Article, including details on a common binding hydrogen quality specification for cross-border hydrogen interconnectors, cost benefit analysis for removing cross-border flow restrictions due to hydrogen quality differences, interoperability rules for cross-border hydrogen infrastructure, including addressing interconnection agreements, units, data exchange, communication and information provision among relevant market participants, shall be laid down in a network code established pursuant to Article 72(1), point (b).