Clean hydrogen plays a critical role in net zero strategies of the world’s leading economies. The US and the EU have already taken significant steps to position themselves at the forefront of the global race to net zero by launching state support packages on an unprecedented scale. Please join Baker McKenzie’s experts on 19 April 2023 at 3:00 pm GMT for a compare and contrast discussion of the US Inflation Reduction Act and the Green Deal Industrial Plan for the Net-Zero Age with a focus on hydrogen.
On 10 February 2023, the European Commission finally adopted the Additionality Delegated Act, which outlines conditions under which hydrogen, hydrogen-based fuels or other synthetic fuels can be considered as renewable fuels of non-biological origin (RFNBOs).
This alert analyses the Additionality Delegated Act and its impact on the hydrogen market.
On 10 February 2023, the European Commission finally adopted the Methodology Delegated Act, which provides the methodology for calculating life-cycle greenhouse gas emissions for RFNBOs, which is necessary to determine whether or not they comply with the EU’s GHG emissions thresholds applicable to such fuels.
This alert analyses the Methodology Delegated Act.
On 1 February 2023, the European Commission released its communication on a “Green Deal Industrial Plan for the Net-Zero Age”. This Communication outlines the actions that the Commission intends to take to stimulate investment in the “net-zero industry” within the EU. The Communication is a response to recent increases in state support outside the EU, most notably the United States Inflation Reduction Act.
Energy transition is the biggest change that the world is undergoing right now. The EU is taking significant steps to position itself at the forefront of the global race to net zero.
The EU has a legally binding target to achieve net zero by 2050. EU countries also already have very advanced plans for achieving net zero and energy security, accompanied by financial state support packages on an unprecedented scale. These measures have just been taken to the next level, making the EU an even more attractive market for investors in the energy transition.
In November 2022 the UK Government announced a new, temporary 45% levy on “exceptional” receipts generated from the production of wholesale electricity and published a “technical note” on the operation of the levy. Despite heavy criticism of the move by many clean energy market participants, on 20 December 2022 the UK Government confirmed its intention to press ahead with the EGL by publishing a supplementary technical note and draft legislation outlining the details of how the new tax would operate. The EGL has been introduced from 1 January 2023 and will have an impact on existing and potential investors in the UK clean energy market.
Our latest sustainability guide, ESG Policy Guide – The Future of Sustainability Legislation for Luxury, has been developed in collaboration with Positive Luxury, the company behind the Butterfly Mark, a unique mark awarded to luxury lifestyle brands, retailers and suppliers in recognition of their commitment and verified actions to creating a positive impact on our world. It features recent and upcoming developments in ESG legislation and policies in the US, UK and the EU and explains how these impact the luxury, fashion, and cosmetics industries.
The H2Global Foundation announced on 8 December 2022 the launch by its wholly-owned subsidiary, HINT.CO GmbH, its first procurement procedure for the import of green ammonia into Europe. This procedure is intended to provide an innovative and efficient funding instrument, backed by EUR 900 million provided by the German Federal Ministry for Economic Affairs and Climate Protection, with further funding planned for 2023. This is the first global tender procedure of its kind. The deadline for application is 7 February 2023.
On 14 September 2022, the European Parliament voted to adopt its negotiating position on the revision of the Renewable Energy Directive II. The Parliament agreed that its position should include a new headline target that 45% of all EU energy use would be sourced from renewable sources by 2030, and upward revised sectoral targets for buildings, transport and heating compared to the European Commission’s proposal.
There have been suggestions in the media that the EU ‘additionality’ requirements applied to the production of renewable fuels of non-biological origin, such as renewable hydrogen, have been effectively scrapped. This article clarifies the legal position in relation to the current status of the ‘additionality.’
Following the launch of the RePowerEU package, the European Commission continues to develop the regulatory framework applicable to renewable fuels of non-biological origin (mainly renewable hydrogen). Two draft Delegated Acts that will have a significant impact on the hydrogen market have been published for public consultation under the Renewable Energy Directive recast (REDII, Directive (EU) 2018/2001).