Article 64 ACER’s monitoring of the ENNOH

1.   ACER shall monitor the execution of the tasks of the ENNOH referred to in Article 59 and report its findings to the Commission.

2.   ACER shall monitor the implementation by the ENNOH of network codes and guidelines adopted by the Commission as laid down in Articles 72, 73 and 74. Where the ENNOH has failed to implement such network codes or guidelines, ACER shall request the ENNOH to provide a duly reasoned explanation as to why it has failed to do so. ACER shall inform the Commission of that explanation and provide its opinion thereon.

3.   The ENNOH shall submit the draft Union-wide network development plan for hydrogen, the draft annual work programme, including the information regarding the consultation process, and the other documents referred to in Article 59 to ACER for its opinion.

Within two months of the date of receipt, ACER shall provide a duly reasoned opinion as well as recommendations to the ENNOH and to the Commission where it considers that the draft annual work programme or the draft Union-wide network development plan for hydrogen submitted by the ENNOH does not contribute to non-discrimination, effective competition, the proper functioning of the market or a sufficient level of cross-border interconnection. The ENNOH shall duly take into account ACER’s opinion and recommendations.