ARTICLE
18 October 2023

Shaping Europe's Hydrogen Economy

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Fieldfisher

Contributor

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Fieldfisher is a European law firm known for its market-leading practices in technology, financial services, energy, and life sciences. With a focus on client collaboration, innovation, and social responsibility, the firm integrates cutting-edge legal technologies and provides tailored solutions. Fieldfisher’s global presence spans Europe, the US, China, and international partner firms, allowing seamless cross-border services. Recognized for excellence, Fieldfisher holds high rankings in dispute resolution, M&A, and IP, and has a strong commitment to environmental, social, and governance (ESG) leadership. The firm operates with over 1,800 professionals across 23 offices in 12 countries.

We are delighted to launch this guide to Europe's hydrogen industry.
United Kingdom Energy and Natural Resources

We are delighted to launch this guide to Europe's hydrogen industry.

The guide covers the main regulatory frameworks in key European jurisdictions for the production, transportation and sale of green hydrogen, identify common themes and challenges between different jurisdictions and touch on overarching EU rules governing the production and distribution of hydrogen.

Having previously been largely covered by gas regulation, as of 2023 the production, storage and transportation of hydrogen in the EU has its own set of rules, with Member States and the UK working to bring their regulatory frameworks up to speed.

Some of the new regulations brought in to govern the hydrogen market have been interpreted as unnecessarily complicated and restrictive. Questions also hang over the definition of 'green' hydrogen.

Regulatory intransigence and uncertainty are both major obstacles to private investment in hydrogen projects, and put Europe at risk of falling behind the hydrogen markets in places like China, Australia, the Middle East and the US.

As is often the case when it comes to new energy technologies, industry participants are looking for solid commercial routes through the regulatory quagmire to establish a flourishing and scalable market.

In this guide, we have included some case studies of our work advising clients on navigating hydrogen regulation and commercial contract issues, and an interview documenting the first-hand experience of one hydrogen developer.

For each of the countries covered (Belgium, France, Germany, Ireland, Italy, Netherlands, Spain and the UK), our hydrogen experts look specifically at:

1. Regulatory requirements for hydrogen energy installations and electrolysers

  • Key legislation
  • Key regulatory bodies
  • Anticipated near-term regulatory changes

2. Support schemes

  • Accessing support schemes

3. Selling hydrogen

  • Selling opportunities
  • Hydrogen purchase agreements (HPAs)
  • Key legal and commercial issues in HPAs

View the full Shaping Europe's hydrogen economy report.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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