International Green Hydrogen Report 2022
Hydrogen & Regulation In the context of the production, transport, distribution and consumption of hydrogen, numerous regulatory provisions must be observed.
A key legal and economic issue is the double burden of certain levies and charges that still applies in the context of energy storage and thus also the use of hydrogen.
Another key issue in terms of regulatory law is the development of a nationwide — or European — hydrogen infrastructure. Without a sufficient infrastructure, it is obvious that the full potential of hydrogen cannot be exploited.
If, in addition, subsidies are granted to develop an innovative technology or to fund a project, it is important to observe the subsidy law requirements for the proper use of the subsidies. In individual cases, this may justify, among other things, strict compliance with all obligations under national public and European procurement law regarding the tendering of contracts.
In the event of noncompliance with the subsidy requirements, there is a risk that the subsidies will have to be repaid — plus interest!
In any case — the regulatory framework starts to offer viable business models, but the resulting obligations must be strictly observed!
In addition, the regulatory framework is not entirely set and developers and investors have to observe the different national, European and international developments with attention.
