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)

select country:

Is it a barrier?

Yes

Type of Barrier

Regulatory gap

Assessment Severity

Assessment

The national ambition for reducing GHG–emissions is high, but the lack of a coherent plan for implementing the alternative fuels Directive and the lack of a green hydrogen definition can be a barrier that will slow down the implementation of hydrogen as a zero emmission fuel.

Questions:

Question 1a - What is the legal status of hydrogen as a fuel?

a - No legislation at current

Question 1b - Is the EU legislation (Alternative Fuel Infrastructure Directive) transposed in you country, and how has it been assessed?

No. The Swedish Government have twice declared that they do not intend to make the required infrastructure plans for alternative fuels. They claim the emission targets will be met in Sweden by other means. AFID has therefor not been transposed into Sweden yet and there's no plan for this until EC decide the consequences of not following the decided directive.

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. At national level a certification system of hydrogen origin has not been established yet.

Question 3a - What is the scope of certification (e.g. feedstocks and processes that can be used to generate hydrogen) for hydrogen?

a - The market expectation is to only use hydrogen made from renewable energy and this is followed by the market actors since the first refuelling in 2013. Hydrogen will be produced via electrolysis of water using renewable energy, by reforming of biogas, gasification of biomass or from surplus hydrogen from process industry, where most processes use electrolysis in the main process which is run on low carbon electricity from the Swedish grid.

Question 3b - Which proofs of origin of feedstocks and energy sources for each pathway mentioned in question 3a must be provided?

b - Procedures are not decided yet. .

Question 4 What legal regulations are applicable in your country in relation with greenhouse gas reduction obligations?

CO2–taxation and a climate law decided in 2017. Products made via electrolysis processes are free from taxation acc.to Swedish law. Fossil fuels for transport is taxed by energy as well as CO2, about halfof the total tax on petrol etc.Sweden have a target to reduce GHG–emissions with 40% to 2020, 63% to 2030 and 75% to 2040 (compared with 1990 levels). In 2045 there´s a target to be completely free from GHG–emissions.

Describe the comparable technology and its relevance with regard to hydrogen

Hydrogen, electricity and biofuels will all be relevant in order to achieve these targets and they will have to be handled under the same regulations and targets, even if the incentives might look very different over time. N/a

National legislation:

The Climate Law (Klimatlagen)
The Government need to make an annual climate accounting connected to the annual nationa budget. Every fourth year an action plan shall be made for how the climate objectives shall be met.

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