Green Hydrogen Production - Regulatory Challenges under EU and German Law

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Recording of Thursday, May 08, 2025 | The smarter E Europe Exhibition Program 2025 | Exhibition Program | Language: English | Duration: 22:03 .

Navigating Europe's Hydrogen Market: Legal, Cost, and Policy Challenges in Green Projects

The content delves into the regulatory and operational hurdles facing the hydrogen market in Europe, with a particular focus on production regulations at both EU and German levels. The discussion highlights challenges such as navigating diverse subsidy regimes and integrating tolling models for electrolyser operations to secure funding eligibility. Since 2020, European Commission legislation has aimed to balance Renewable Fuels of Non-Biological Origin (RFNBO) requirements with incentives but faces criticism due to its complexity affecting financial investment decisions. Initiatives like CEHE, IPSE waves, REDD3 goals, carbon pricing mechanisms via CEBAMs are part of efforts to stimulate green hydrogen production amidst restrictive energy procurement frameworks that complicate compliance with additionality requirements necessary for renewable fuel timelines. A robust metering system is emphasized when using electrolysers connected directly or through grid supply under Article 4 regime rules which allow PPA procurement but favor exceptions over norms. Challenges include meeting additionality by contracting non-subsidized new energy sources within specific timeframes while managing geographical correlations—issues complicated by potential changes like Germany's bidding zone split impacting electricity prices. Industry concerns about increased costs have led to calls for delaying certain regulatory measures until at least 2035 amid ongoing lobbying against cost-prohibitive policies essential for advancing Europe's green hydrogen projects.

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Speaker

Sebastian Berg
Laywer
Beiten Burkhardt Rechtsanwaltsgesellschaft mbH
Germany

Talk of session: Challenges and Support to Implement Hydrogen Projects: How to Build my H2 Project?

Bringing a hydrogen project from concept to reality involves navigating complex hurdles—from securing initial investment and ensuring regulatory compliance to meeting strict safety and environmental standards. This session dives into the practical steps needed to initiate, plan, and execute hydrogen ventures. Experts will explore key topics, including project economics (CAPEX/OPEX), viable business models, certification schemes, and the latest permitting frameworks.

Further Talks of this session:

Welcome and Introduction

Speaker

Dr. Thomas Hillig
Managing Director
THEnergy
Germany

To Talk

Decarbonizing the SME Sector with Hydrogen: Mission (Im)possible?

Speaker

Philipp Kampmann
Manager H2-Ecosystems
Thüga AG
Germany

To Talk

Power-to-X: The Great Unknown in Planning and Permitting Law

Speaker

Dr. Julia Wulf
Lawyer
Taylor Wessing Partnerschaftsgesellschaft mbB
Germany

To Talk

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