(Berlin) - The federal government wants to pave the way for the development of a hydrogen infrastructure with a law. It is about the initial regulatory foundations until a regulatory framework at the European level requires new adjustments, it is said.
Planning and investment security is needed for the reallocation of gas pipelines, the construction of new hydrogen pipelines and the integration of existing private infrastructure. The regulation is also intended for the transition because in the future it is about integrating hydrogen into the overall energy system and experiences with the implementation of the hydrogen strategy would be incorporated into future regulations.
The “Draft Act for the Implementation of Union Law Requirements and for the Regulation of Pure Hydrogen Networks in Energy Industry Law” (19/27453) is intended to implement EU requirements into national law. This also makes changes to numerous laws and regulations necessary, from the Energy Industry Act to the EEG and the Gas Network Access Ordinance to the Electricity Network Fees Ordinance.
Hydrogen as a new form of energy
Essentially, this law recognizes a completely new form of energy. It contains provisions to regulate pure hydrogen networks aimed at a market ramp-up phase. These are to be distinguished from gas supply networks to which hydrogen is added. Hydrogen is therefore defined alongside electricity and gas as an independent “new form of energy, insofar as it is used for grid-based energy supply”.
The initial situation for the introduction of regulation of pure hydrogen networks differs significantly from the situations at the time of the opening of the markets for the grid-based supply of electricity and gas in 1998 or when the current regulation of electricity and gas supply networks was introduced in 2005, it says the justification. At that time, there were network structures that had grown over decades, especially in the electricity sector. The focus of the political goals was not on building infrastructure, but rather on limiting the market power of network operators. For example, the existence of island networks or individual lines that were not connected to the general supply network was “not an issue that needed to be addressed separately” in Germany.
The particular challenge in the area of regulating hydrogen networks at the moment is that the introduction of supervisory structures for a monopoly area takes place parallel to the development of corresponding networks and the development of a hydrogen economy as a whole.
To the extent that there are already pure hydrogen pipelines or networks in Germany, they are not subject to any regulation, but rather to antitrust law. Therefore, the draft law currently refrains from mandatorily subjecting all existing or future hydrogen pipelines or networks to regulation.
Access to the network for third parties
It also stipulates that operators of hydrogen networks must grant third parties connection and access to their networks under appropriate and non-discriminatory conditions. This may be refused if the operator can prove that this is not possible or unreasonable for operational or other reasons.
The Federal Ministry for Economic Affairs and Energy is in charge. The draft law was forwarded to the Federal Council; a statement was still pending at the time of going to press. The draft will be on the Bundestag agenda on March 24th. A discussion is not planned; the proposal will be referred to the Economic Affairs Committee for further discussion.
deep link
https://dip21.bundestag.de/dip21/btd/19/274/1927453.pdf
Photos
Reichstag building / © German Bundestag, Simone M. Neumann
