Specific Features of Legal Regulation of Hydrogen Energy in Foreign Countries

Currently, most countries and large energy companies base their activities on the principles of decarbonization, transition to low-carbon energy sources, and use of energy-saving and energy-efficient technologies. This focus gives rise to the development of alternative energy sources, which, in particular, include hydrogen. Despite the fact that hydrogen energy is not the newest idea for the energy sector, this type of energy is now at the boom of its relevancy. Nevertheless, the lack of a specific legal framework is a major challenge for the timely and full development of this energy source. Thus, elements of hydrogen production, transportation, storage, and distribution process are often covered by various norms and laws, while other aspects remain unregulated. This article examines certain specific features of legal regulation of hydrogen energy in foreign countries in order to optimize national legal regulation.

Ключевые слова

energy law, international energy law, energy law of foreign countries

Получено

09.08.2022

Дата публикации

09.08.2022

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13322

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ГОСТ	Кологерманская Е. М. Specific Features of Legal Regulation of Hydrogen Energy in Foreign Countries // Правовой энергетический форум – 2022. – Выпуск № 2 C. 84-88 [Электронный ресурс]. URL: https://mlcjournal.ru/S0021435-8-1 (дата обращения: 09.05.2024). DOI: 10.18572/2312-4350-2022-2-84-88
MLA	Kologermanskaya, Ekaterina M. "Specific Features of Legal Regulation of Hydrogen Energy in Foreign Countries." Energy law forum 2 (2022):84-88. DOI: 10.18572/2312-4350-2022-2-84-88
APA	Kologermanskaya E. (2022). Specific Features of Legal Regulation of Hydrogen Energy in Foreign Countries. Energy law forum (2), pp.84-88 DOI: 10.18572/2312-4350-2022-2-84-88


1	Introduction
2	Since 2015, most countries of the world community as well as major energy companies have been experiencing the trend of economy decarbonization and transition to low-carbon supply of the energy sector. The above-mentioned as well as related trends (e.g., energy efficiency, energy-saving technologies, transition to renewable energy sources, etc.) are becoming fundamental for the development of national energy sectors.
3	As additional stimuli for the development of various branches of science and technology, such provisions reveal problems of a certain energy domain, expand the range of solutions for fuel and energy sector actualization, and broaden the scope of application of certain types of energy resources. For example, hydrogen energy, as one of the most environmentally friendly and low-carbon ways of energy supply, represents a modern and topical area of energy sector development. With that in mind, a lot of governments are now adopting hydrogen strategies describing how they intend to use low-carbon hydrogen in their economy. These important steps provide some clarity for investors as to what future laws and support for hydrogen might look like in different jurisdictions.
4	First of all, let’s define the concept of “hydrogen”.
5	The Energy Law of Bulgaria (Закон за Енергетиката) as amended on February 12, 2021, provides the very first legal definition of hydrogen as part of green energy within the definition of “green hydrogen”. [1]
6	The draft Energy Law of the People’s Republic of China published on April 10, 2020, focuses on various energy sources. However, unlike other energy sources such as electric power, thermal energy, and refined oil products, hydrogen was not mentioned separately, but was only categorized as “other new energy sources”. [2]
7	In Mexico, the Electric Power Law (Ley de la Industria Eléctrica) [3] and the Energy Transition Law (Ley de Transición Energética) [4] consider hydrogen to be part of the State’s energy sector and classify its output power as potential “clean” energy for the purposes of clean energy certificate granting.
8	Portugal offers an independent version of the legal nature of the definition of “hydrogen” having adopted on August 28, 2020, a special regulatory act on hydrogen use regulation, Decree-Law No. 62/2020 [5], which referred green hydrogen to the competence of the Portuguese National Gas System and defined it as gas of renewable origin.
9	Thus, the current national and foreign laws have different approaches to the terms “hydrogen”/“hydrogen energy”. On the one hand, the gaseous nature of this energy resource is a uniting feature, on the other hand, the attribution of hydrogen to renewable energy sources (inter alia, in the context of clean energy certificates) or new (alternative) sources remains disputable.
10	Keeping in mind the ways of hydrogen production, it should be noted that hydrogen has its differences. Today, gray, blue, and green hydrogen produced using gaseous methane and gaseous methane with carbon capture and storage technologies and renewable energy sources, respectively, is relevant. However, there are other types. [6] Consequently, the question arises whether various legal regimes need to be formalized for different hydrogen “colors”.
11	(1) legal regime of hydrogen energy facilities
12	The legal regime of hydrogen-based energy facilities should include all the elements found in the regime of energy facilities that are examined in detail in V.V. Romanova’s works taking into account the natural features of specific energy sources. [7]
13	Foreignlegalexperienceisalsorepresented by different view of the legal regime of energy (hydrogen) facilities.
14	South Korea has the most comprehensive version of the legal regulation of hydrogen energy in general with the Hydrogen Economy Promotion and Hydrogen Safety Management Act (Hydrogen Act) [8] and the Act on the Promotion of Development, Use, and Distribution of New Renewable Energy (RES Law) [9] being the basic regulations, that stipulate that hydrogen energy-related activities are subject to licensing. Thus, a company willing to produce gaseous fuels shall obtain a license from the mayor of the city or the governor of the district that will host the generation facility. There is also a requirement to obtain a license in order to apply for the establishment of a fuel cell supplier.
15	As provided for in Article 36 of the Hydrogen Act, companies willing to produce hydrogen fuel cells or hydrogen-related components shall obtain a permit from local district authorities. In particular, foreign companies (or South Korean companies domiciled abroad) that would like to export hydrogen fuel-related components to South Korea, shall register their business with the Ministry of Energy in accordance with Article 38 of the Hydrogen Act.
16	Hydrogen transportation is regulated by the High-Pressure Gas Safety Control Act, [10] which stipulates that dangerous gases, including hydrogen, should be transported via trailers and special pipes.

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1. URL: https://www.me.government.bg/bg/library/zakon-za-energetikata-256-c25-m0-1.html

2. URL: https://www.ghub.org/climate-wire-278/

3. URL: https://www.diputados.gob.mx/LeyesBiblio/ref/lielec.htm

4. URL: https://www.dof.gob.mx/nota_detalle.php?codigo=5585823&fecha=07/02/2020

5. URL: https://dre.tretas.org/dre/4226632/decreto-lei-62-2020-de-28-de-agosto#text

6. URL: https://neftegaz.ru/tech-library/energoresursy-toplivo/672526-klassifikatsiya-vodoroda-po-tsvetu/

7. Energy Law. General Part. Special Part: Textbook / Edited by V.V. Romanova, Doctor of Law. 2nd edition, revised and updated. Moscow : Yurist Publishing House, 2015. P. 91.

8. URL: https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%88%98%EC%86%8C%EA%B2%BD% EC%A0%9C%EC%9C%A1%EC%84%B1%EB%B0%8F%EC%88%98%EC%86%8C%EC%95%88%EC%A0%84%EA%B4%80%EB%A6%AC%EC%97%90%EA%B4%80%ED%95%9C%EB%B2%95%EB%A5%A0/(16942,20200204)

9. URL: https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%8B%A0%EC%97%90%EB%84%88%E C%A7%80%EB%B0%8F%EC%9E%AC%EC%83%9D%EC%97%90%EB%84%88%EC%A7%80%EA%B 0%9C%EB%B0%9C%E3%86%8D%EC%9D%B4%EC%9A%A9%E3%86%8D%EB%B3%B4%EA%B8%89%EC%B4%89%EC%A7%84%EB%B2%95

10. URL: https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EA%B3%A0%EC%95%95%EA%B0%80%E C%8A%A4%EC%95%88%EC%A0%84%EA%B4%80%EB%A6%AC%EB%B2%95

11. URL: https://www.intralinkgroup.com/en-GB/Media/News/January-2021/South-Korea%E2%80%99s- hydrogen-economy-report

12. URL: https://lovdata.no/dokument/NL/lov/1990-06-29-50

13. URL: https://www.statsforvalteren.no/portal/plan-og-bygg/plan--og-bygningsrett/

14. URL: https://lovdata.no/dokument/NL/lov/2002-06-14-20

15. URL: https://www.tu.no/artikler/vil-eksportere-overskuddskraft-som-hydrogen/234040

16. URL: https://www.mrrb.bg/bg/naredba-rd-02-20-2-ot-28-09-2020-g-za-usloviyata-i-reda-za-proektirane- izgrajdane-vuvejdane-v-eksploataciya-i-kontrol-na-stancii-za-zarejdane-na-avtomobili-zadvijvani-sgorivo-vodorod/

17. URL: https://www.csis.org/analysis/chinas-hydrogen-industrial-strategy#:~:text=Under%20the%20 Hydrogen%20Fuel%20Cell,HRS%20deployment%20is%20stronger%20today.

18. URL: https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202101/t20210126_1265895.html?code=&state=123

19. URL: https://zqyj.chinalaw.gov.cn/readmore?listType=2&id=3842

20. URL: http://www.gov.cn/premier/2019-03/16/content_5374314.htm

21. URL: https://oesterreichsenergie.at/downloads/publikationsdatenbank/detailseite/eag-analyse