Article 57 European Network of Network Operators for Hydrogen

1.   Hydrogen transmission network operators shall cooperate at Union level through the ENNOH, in order to promote the development and proper functioning of the internal market for hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the European hydrogen transmission network.

2.   The ENNOH shall cooperate closely with the ENTSO for Electricity and the ENTSO for Gas on identifying synergies and on fostering system integration across energy carriers in order to facilitate overall energy system efficiency.

3.   The ENNOH shall consist of hydrogen transmission network operators certified pursuant to Article 71 of Directive (EU) 2024/1788.

Hydrogen transmission network operators shall be eligible to become a member of the ENNOH from the start of the certification procedure conducted by the regulatory authority, subject to:

If the final certification decision referred to in the second subparagraph, point (a), has not been taken within 24 months of becoming a member of the ENNOH or if the final investment decision referred to in the second subparagraph, point (b), has not been taken within four years of becoming a member of the ENNOH, the ENNOH membership of the hydrogen transmission network operator shall expire.

4.   By way of derogation from paragraph 3 of this Article, a hydrogen transmission network operator that benefits from a derogation from Article 68 of Directive (EU) 2024/1788 shall be eligible to become a member of the ENNOH, provided that the operator is established in a Member State where no other hydrogen transmission network operator is a member of the ENNOH pursuant to paragraph 3 of this Article. Member States may nominate such a hydrogen transmission network operator and shall submit any such nomination to the ENNOH, the Commission and ACER. Member States may revoke such a nomination at any time. Where the hydrogen transmission network operator has not taken a final investment decision with regard to a hydrogen infrastructure project within four years of becoming a member of the ENNOH, that operator’s membership of the ENNOH shall expire.

5.   Member States which have not designated a hydrogen transmission network operator, but which plan to develop a hydrogen transmission network in accordance with their integrated national energy and climate plans, may nominate an entity as associated partner within the ENNOH. The Member State concerned shall submit a nomination pursuant to this paragraph to the ENNOH, the Commission and ACER. The Member State concerned may revoke such a nomination at any time. That nomination shall expire when a hydrogen transmission network operator established in the Member State concerned becomes a member of the ENNOH.

6.   When performing its functions under Union law, the ENNOH shall act with a view to establishing a properly functioning and integrated internal market for hydrogen and shall contribute to the efficient and sustainable achievement of the objectives laid down in the policy framework for climate and energy, in particular by contributing to the efficient integration of hydrogen produced from renewable energy sources and to increases in energy efficiency while maintaining hydrogen system security. The ENNOH shall have adequate human and financial resources to carry out its duties.

7.   By 1 September 2024, the hydrogen transmission network operators shall submit to the Commission and to ACER the draft statutes, a list of members and draft rules of procedure, including the rules of procedure on the consultation of stakeholders, of the ENNOH to be established.

8.   The hydrogen transmission network operators shall submit to the Commission and to ACER any draft amendments to the statutes, list of members or rules of procedure of the ENNOH.

9.   Within four months of receipt of the drafts referred to in paragraph 7 and the draft amendments to the statutes, list of members or rules of procedure referred to in paragraph 8, ACER shall, after consulting the organisations representing all stakeholders, in particular the hydrogen system users, including customers, provide an opinion to the Commission on those drafts or draft amendments to the statutes, list of members or rules of procedure.

10.   The Commission shall issue an opinion on the drafts and draft amendments to the statutes, list of members or rules of procedure, taking into account ACER’s opinion referred to in paragraph 9, within three months of the date of receipt of that opinion.

11.   Within three months of receipt of the Commission’s favourable opinion, the hydrogen transmission network operators shall adopt and publish the statutes, list of members and rules of procedure of the ENNOH.

12.   The documents referred to in paragraph 7 shall be submitted to the Commission and ACER where there are changes thereto or upon the reasoned request of the Commission or ACER. The Commission and ACER shall issue their opinions in accordance with paragraphs 9, 10 and 11.