Abstract
(1) The German energy system transformation towards an entirely renewable supply is expected to incorporate the extensive use of green hydrogen. This carbon-free fuel allows the decarbonization of end-use sectors such as industrial high-temperature processes or heavy-duty transport that remain challenging to be covered by green electricity only. However, it remains unclear whether the current legislative framework supports green hydrogen production or is an obstacle to its rollout. (2) This work analyzes the relevant laws and ordinances regarding their implications on potential hydrogen production plant operators. (3) Due to unbundling-related constraints, potential operators from the group of electricity transport system and distribution system operators face lacking permission to operate production plants. Moreover, ownership remains forbidden for them. The same applies to natural gas transport system operators. The case is less clear for natural gas distribution system operators, where explicit regulation is missing. (4) It is finally analyzed if the production of green hydrogen is currently supported in competition with fossil hydrogen production, not only by the legal framework but also by the National Hydrogen Strategy and the Amendment of the Renewable Energies Act. It can be concluded that in recent amendments of German energy legislation, regulatory support for green hydrogen in Germany was found. The latest legislation has clarified crucial points concerning the ownership and operation of electrolyzers and the treatment of green hydrogen as a renewable energy carrier.
Highlights
IntroductionHydrogen as an energy carrier can be used as a fuel that reacts without causing harmful emissions
(4) It is analyzed if the production of green hydrogen is currently supported in competition with fossil hydrogen production, by the legal framework and by the National Hydrogen Strategy and the Amendment of the Renewable Energies Act
Hydrogen as an energy carrier can be used as a fuel that reacts without causing harmful emissions
Summary
Hydrogen as an energy carrier can be used as a fuel that reacts without causing harmful emissions. The broad use of pure hydrogen is a promising future scenario for various end-use sectors, especially those that cannot cover their energy demands by renewable electricity. While the European treaties were important in setting ground rules for a common European energy market, the EU’s directives and regulations are most important in providing common regulation for the EU’s member states. Both kinds of regulation are binding for the member states; directives, are not binding for European citizens until the member state has transposed them into national law (which they are obligated to do). The two central laws for the development of green hydrogen in German energy legislation are the Renewable Energy Sources Act (EEG 2021) and the Energy Industry
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