12. Where the ENTSO for Gas or the EU DSO entity have failed to develop a network code within the period set by the Commission pursuant to paragraph 9, the Commission may request ACER to prepare a draft network code on the basis of the relevant framework guidelines. ACER may launch a further consultation for the purpose of preparing a draft network code pursuant to this paragraph. ACER shall submit a draft network code prepared pursuant to this paragraph to the Commission and may recommend that it be adopted.