MKiŚ: amendment to the act – energy law regarding hydrogen

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The Ministry of Climate and Environment submitted for public consultations a draft amendment to the energy law, which includes the use of hydrogen as a carrier and energy storage, if it is not transported through the gas network, and defines the legal framework taking into account the cross-sectoral possibilities of using hydrogen.

The act introduces a legal definition of hydrogen, taking into account its wide use of hydrogen as a raw material, carrier and energy storage, if it is not transported through the gas network “- we read in the justification.

The proposed regulations are intended to regulate the hydrogen market only to the extent that it will not be transmitted through the gas network. Transmission of hydrogen through the gas network will continue to be subject to the regulatory regime for gaseous fuels.

The draft law plans to explicitly indicate that the production of hydrogen will not be subject to the concession obligation. However, the licensing obligation will cover large-scale hydrogen storage, large-scale trading of hydrogen, and supply of hydrogen via direct hydrogen pipelines.

The regulations also require the preparation of development plans that will ensure the interoperability of gas and electricity systems at the stage of planning the development of infrastructure integrating the operation of both systems. It is assumed that it will not be necessary to obtain a license for the production of hydrogen.

Draft on RCL

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