Clifford Chance

One of the first measures announced by the European Commission President von der Leyen, in her September 2022 State of the Union speech, was the creation of a new European Hydrogen Bank (EHB). Six months later, in March 2023, as part of the EU Green Deal Industrial Plan, the European Commission (the Commission) has released a Communication on the EHB to stimulate and support investment in sustainable hydrogen production.

In this briefing, we explore the initiatives being introduced at speed by European institutions to facilitate investment in production facilities for clean hydrogen and related products.

This briefing gives an overview of some of the developments in the Dutch regulatory framework for hydrogen since the publication of the Cabinet Vision on Hydrogen. These developments will play a crucial role in shaping the future of the Dutch hydrogen market, and understanding their impact is essential for sector stakeholders.

As one of the first countries to enact net zero emissions legislation, the UK has led in its ambitions to deliver the net zero transition. The CBI, in partnership with Clifford Chance, worked with investors and businesses to identify “pull factors” for net zero investments and propose immediate actions that need to be prioritised by the government to strengthen the UK’s offer.

Certification schemes for clean hydrogen are being proposed in many countries to help markets develop, by providing certainty as to where the hydrogen has been made, and to track greenhouse gas emissions over its lifecycle. In this briefing, we look at the proposals for a new government scheme in Australia and other frameworks available to producers in the market.

Energy security and affordability have become a major issue for many countries. Rising inflation, increasingly frequent and significant climate events, and an uncertain geopolitical and economic outlook provide a challenging backdrop for governments committed to net zero targets and keen to accelerate the development of low-carbon energy. We highlight some trends which focus on some of the innovations and legal developments that we are seeing in a number of sectors to meet these challenges.

Belgium has published its long-awaited H2 midstream regulation. A draft proposal has been endorsed by the federal parliament's energy commission and will now be put up for a second reading and plenary vote. The proposal aims to establish a dedicated regulatory framework for hydrogen pipeline networks ahead of the planned revision of the EU gas market legislation. This briefing provides an outline of the key elements of the Belgian legislative proposal and some of its implications for the industry.

A key hydrogen trend to focus on for 2023 is "trade". The industry has gone from concentrating on the "colour" (i.e., grey, blue and green) of hydrogen in the energy transition to where it is made and whether it is improperly subsidised.

Although green hydrogen production and use is still at an early stage of development and a European package is being put into place for hydrogen regulation (specifically, a proposal for a regulation and a proposal for a directive), Spain already has a de lege lata regulatory framework that enables green hydrogen to be produced, transported and supplied in Spain.