Legal Alert | Hydrogen reality
February 11, 2025
Legal Alert | Hydrogen realityFebruary 11, 2025 On 20 January 2025, regulations incorporating hydrogen into the national legal system came into force. These solutions are a priority in the implementation of the European Green Deal, which aims to achieve climate neutrality in Europe by 2050. This development aligns with the EU Hydrogen Strategy, published by the European Commission in 2020, which requires member states to incorporate regulations considering the role of green hydrogen in the energy mix. In response, the Council of Ministers adopted the Polish Hydrogen Strategy, extending to 2030 with an outlook to 2040. EU hydrogen economy in three phasesThe EU hydrogen economy is structured in three phases, as outlined in the Hydrogen Strategy. However, given the national realities of developing and operating hydrogen infrastructure, the timeframes for the above phases will be postponed. Phase I (2020-2024):
Phase II (2025-2030):
Phase III (2031-2050):
Polish Hydrogen StrategyThe Polish Hydrogen Strategy until 2030, with an outlook to 2040, envisages Poland will achieve six goals with a particular focus on the use of low-carbon and renewable hydrogen. These are:
The strategy sets out the assumptions for creating space for the development of hydrogen in economic sectors such as energy, heating, transport and industry. In addition, solutions are envisaged to promote hydrogen production in new installations, as well as mechanisms to ensure efficient and safe hydrogen transmission, distribution and storage. Because of the above, it is necessary to create appropriate regulations - in practice, this means the need to introduce new regulations.
New definitions in the Energy LawThe proposed regulations introduce modifications to existing provisions and several new definitions, including:
The legislation also introduces responsibilities for the operators identified above.
Extension of the competencies and responsibilities of the President of the Energy Regulatory OfficeThe effect of the introduced regulations will be to extend the competencies and responsibilities of the President of the ERO to include monitoring the functioning of the hydrogen system in terms of:
Date of entry into forceThe regulations came into force on 20 January 2025. Key contacts
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