Legal status & Certification of origin

This LAP is concerned with the legal status of hydrogen as a fuel and the procedures for certification of hydrogen fuel. Among other aspects, it investigates whether Hydrogen is recognized as an alternative fuel and under what conditions. The existence of common definitions of what constitutes “green” hydrogen is also researched.

Glossary:

Formal procedure by which an accredited or authorised person or agency assesses and verifies (and attests in writing by issuing a certificate) the origin, attributes, characteristics, quality, the calculation of greenhouse gas reduction potential of hydrogen in accordance with established requirements or standards

Pan-European Assessment:

Despite national / private initiatives (DE, DK, BE) to define “green” / “renewable” hydrogen, there is currently no binding or voluntary, uniform certification of origin system at European level

The absence of a common definition of green (or renewable) hydrogen can be a barrier that will slow down the implementation of (green) hydrogen as an alternative fuel. Divergent approaches may jeopardize the free movement of (green) hydrogen across borders.
Moreover, the absence of Guarantee of Origin (GoO) scheme for green (renewable) hydrogen hinders the development of a green (renewable) hydrogen market which may encourage the production of hydrogen from hydrocarbons that may reduce the overall environmental benefits of hydrogen in all applications (mobility, energy, industrial feedstock)
Is it a barrier?
Yes
Type of Barrier
Regulatory gap
Assessment Severity
1
Assessment
The official legal status of H2 as a fuel will accelarate and secure the deployement of H2 for mobile applicatsions for example. Garantees of origin for H2 will be also accelarate and be incitative for the deployement of H2 as a fuel as an energy carrier.

The legal status of H2 as a fuel and the mecanism of garantees of origin have to be defined more clearly in the regulation. There is a first legal status for H2 as a fuel, but only for the quality of the fuel. This is a first step, but not sufficient as there should also be a “fiscal” status for H2 as an incentive.

Questions:

Question 1a - What is the legal status of hydrogen as a fuel?
a - There is an official legal status for H2 as a fuel for fuel cell electric vehicles. Hydrogen is defined as a gas mixture as fuel for vehicles with PEM Fuel Cells.
Question 1b - Is the EU legislation (Alternative Fuel Infrastructure Directive) transposed in you country, and how has it been assessed?
b - The EU directive has been partly transposed regarding the infrastructure for electric battery vehicles. Décret n°2017–26 du 12 janvier 2017 relatif aux infrastructures de recharge pour véhicules électriques et portant diverses mesures de transposition de la Directive 2014/94/UE du parlement européen et du Conseil du 22 octobre 2014 sur le déploiement d’une infrastructure pour carburants alternatifs. .
Question 2 - At European level, no binding guarantee of origin certification system of hydrogen origin is established yet, while there are initiatives (e.g CertifHy project and others) - Is a certification system of hydrogen origin established at national level?
No certification system of hydrogen origin has been officially established in France. A certification system has been proposed within a working group leaded by the ADEME and AFHYPAC. This system is only focusing on H2 from renewable sources. The system has not been tested Contacts have been established between AFHYPAC and CertifHY to see how the French approach can be integrated or merge within the CertifHY approach.
Question 3a - What is the scope of certification (e.g. feedstocks and processes that can be used to generate hydrogen) for hydrogen?
a - The soope of the French certification process is to focus on the “energy source” witch has been used to produce the H2. In particular renewables.
Question 3b - Which proofs of origin of feedstocks and energy sources for each pathway mentioned in question 3a must be provided?
b - It has to be proven that the entire energy used to produce the hydrogen is from a renewable source..
Question 4 What legal regulations are applicable in your country in relation with greenhouse gas reduction obligations?
The “Chapter IX, Titre II, livre II” of the French “Environmental Code” (French Environmental Legislation), related to the article 75 of the law n°2010–788 for the 12 July 2010, indicates that all private companies with more than 500 employees, the state administrations, the collectivities with more than 50000 inhabitants and the public companies employing more than 250 persons have to make a green–house gas emission balance sheet. This sheet has to be actualised every 3 years and has to be public. It is transmitted to the regional state administration. There are sectoral targets or a general target for all sectors (energy, transport, buildings) for greenhouse gas emissions reduction by 2020–2030–2050? (for 2020 in accordance with the Renewable Energy Directive): 14% by 2020, 40% by 2030, 75% by 2050. The national target for reduction of greenhouse gas intensity of the fuels used in vehicles by 2020? (in accordance with Fuel Quality Directive) is 10% GHG reduction in fuels by 31 December 2020.
Describe the comparable technology and its relevance with regard to hydrogen
Natural gas for vehicles, biogas for vehicles, electricity

National legislation:

EU Legislation:

  • Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (AFID)
    The AFID establishes a common framework of measures for the deployment of alternative fuels infrastructure in the Union in order to minimize dependence on oil and to mitigate the environmental impact of transport.

    The Directive sets out minimum requirements for the building-up of alternative fuels infrastructure, including recharging points for electric vehicles and refuelling points for natural gas (LNG and CNG) and hydrogen, to be implemented by means of Member States' national policy frameworks, as well as common technical specifications for such recharging and refuelling points, and user information requirements.

    Article 2 defines ‘Alternative fuels’ as fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector. They include, inter alia: hydrogen.

    It lays down, in Article 5, that Member States which decide to include hydrogen refuelling points accessible to the public in their national policy frameworks shall ensure that, by 31 December 2025, an appropriate number of such points are available, to ensure the circulation of hydrogen-powered motor vehicles, including fuel cell vehicles, within networks determined by those Member States, including, where appropriate, cross-border links.

    Annex II contains technical specifications for hydrogen refuelling points for motor vehicles and additionally lays down that:
    • Outdoor hydrogen refuelling points dispensing gaseous hydrogen used as fuel on board motor vehicles shall comply with the technical specifications of the ISO/TS 20100 Gaseous Hydrogen Fuelling specification.
    • The hydrogen purity dispensed by hydrogen refuelling points shall comply with the technical specifications included in the ISO 14687-2 standard.
    • Hydrogen refuelling points shall employ fuelling algorithms and equipment complying with the ISO/TS 20100 Gaseous Hydrogen Fuelling specification.
    • Connectors for motor vehicles for the refuelling of gaseous hydrogen shall comply with the ISO 17268 gaseous hydrogen motor vehicle refuelling connection devices standard.
  • Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (RED)
    Directive 2009/28/EC establishes a common framework for the promotion of energy from renewable sources. It sets mandatory national targets for the overall share of energy from renewable sources in gross final consumption of energy and for the share of energy from renewable sources in transport.

    It sets national overall targets for the share of energy from renewable sources (Article 3 and part A of Annex I) as well as a legally binding 10% target (energy content) for renewable energy in transport in 2020. It also, (in Article 15) defines the role and the scope of guarantees of origin of electricity, heating and cooling produced from renewable energy sources
  • Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (Indirect Land Use Change (ILUC) Directive)
    Directive (EU) 2015/1514 additionally promotes the use of advanced sustainable biofuels and renewable liquid and gaseous transport fuels of non-biological origin. It defines “Renewable liquid and gaseous transport fuels of non-biological origin” as liquid or gaseous fuels other than biofuels whose energy content comes from renewable energy sources other than biomass, and which are used in transport;

    It also provides that the contribution of renewable liquid and gaseous transport fuels of non-biological origin towards the target shall be considered to be twice its energy content
  • Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (FQD)
    Although not originally designed to impact (negatively or positively) alternative fuels (The objective of these legislative acts being to set technical specifications on health and environmental grounds for fuels to be used for vehicles equipped with positive-ignition and compression-ignition engines), Directive 98/70/ EC and its subsequent amendments indirectly affect the use of fuels which are defined by low life cycle greenhouse gas emissions per unit of energy as well the use of carbon capture and storage.
  • Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions.
    Article 7a of Directive 2009/30/EC states that Member States shall require suppliers to reduce as gradually as possible life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by 6 % by 31 December 2020 and aim for an additional 2% reduction through the use of any technology (including carbon capture and storage) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied