Clean or renewable – hydrogen and power-to-gas in EU energy law

Abstract

Interest in hydrogen as a carbon-neutral energy carrier is on the rise around the globe, including in Europe. In particular, power-to-gas as a technology to transform electricity to hydrogen is receiving ample attention. This article scrutinises current updates in the energy law framework of the EU to explain the legal pre-conditions for the various possible applications of power-to-gas technology. It highlights the influence of both electricity and gas legislation on conversion, storage and transmission of hydrogen and demonstrates why ‘green’ hydrogen might come with certain legal privileges under the Renewable Energy Directive attached to it, as opposed to the European Commission’s so-called ‘clean’ hydrogen. The article concludes by advocating for legal system integration in EU energy law, namely merging the currently distinct EU electricity and gas law frameworks into one unified EU Energy Act.