Legal framework: permissions and restrictions (and Ownership constraints (unbundling))

This LAP concerns the injection of hydrogen into the gas grid at the TSO level and the legal framework status covering authorised bodies and varying hydrogen concentration levels in the TSO transmission system along with potential changes to the regulatory framework to support enhanced hydrogen injection and utilisation

Glossary:

The existing national legal framework for the DSO to carry out hydrogen activities, which is normally restricted to natural gas. Ownership constraints refer to the constraints related to ownership associated with the process of injecting.

select country:

Is it a barrier?

Yes

Type of Barrier

Structural barriers, Operational barriers, Regulatory gap

Assessment Severity

Questions:

Question 1 Which is the responsible authority/legal entity for the permission of the connection/injection of hydrogen in the gas grid?

The Energy market inspectorate (EI) and Swedish Civil Contingencies agency ( MSB)

Question 2 What is permitted or restricted according to national legislation under your responsibility as DSO regarding the transmission of pure hydrogen and mixtures of hydrogen and natural gas.

There is restriction that it had to be possible to classify it as natural gas

Question 3a - Is there a maximum concentration defined that you are allowed to transport as a DSO? (e.g. are you allowed to transport 100% hydrogen)

here to enter free text

Question 4 If the concentration for injection is different than the maximum allowed concentration (question 2 and 3) question please answer this question What is the maximum allowed concentration in your country for injection in the gas grid on transmission level?

2%, but this is due to contracts between the supplier and customer where gas specification is agreed upon. The technical limit considered without major changes in the grid could be in the range of 8 %.

Question 5 Are there specific requirements for increasing or decreasing the admissible threshold of hydrogen concentration (upstream and downstream networks, infrastructure elements and appliances with lower tolerance)? If yes: please describe.

Question 6 Are there specific restrictions/permissions for the transport of hydrogen other than “concentration” and “quality”, if yes which ones?

Question 7 If it can be guaranteed that the gas is on the required quality specification (on spec) at the next customer, is it allowed to feed in off-spec gas (read: a higher concentration of Hydrogen)?

See Question 4. No

Question 8 Which part of the connection facility (the injection installation is part of the connection facility) is owned by or under the responsibility of the DSO?

Equipment related to the injection point

EU Legislation:

Directive 2009/73/EC concerning common rules for the internal market in natural gas
Directive 2009/73/EC establishes common rules for the transmission, distribution, supply and storage of natural gas.

Its provisions and obligations apply to Hydrogen Gas by virtue of Article 1 (2), which states that the rules established by this Directive for natural gas, including LNG, shall also apply in a non–discriminatory way to biogas and gas from biomass or other types of gas in so far as such gases can technically and safely be injected into, and transported through, the natural gas system.

Article 25 establishes the “Tasks of the distribution system operator” which include: ensuring the long-term ability of the system to meet reasonable demands for the distribution of gas […];shall provide any other distribution, transmission, LNG, and/or storage system operator with sufficient information […] as well as to ensure that the system operator does not discriminate between system users or classes of system including, including e.g. when setting rules for the charging of system users, etc

Article 32 sets the rules on “Third party access”: access to the transmission and distribution system, and LNG facilities shall be based on published tariffs, applicable to all eligible customers, including supply undertakings, and applied objectively and without discrimination between system users.
Regulation 715/2009 on conditions for access to the natural gas transmission networks
Regulation 715/2009 sets non-discriminatory rules for access conditions to (a) natural gas transmission systems; (b) LNG facilities and storage facilities taking into account the special characteristics of national and regional markets

To achieve this, it sets harmonised principles for tariffs, or the methodologies underlying their calculation, for access to the network, but not to storage facilities, the establishment of third-party access services and harmonised principles for capacity-allocation and congestion-management, the determination of transparency requirements, balancing rules and imbalance charges, and the facilitation of capacity trading.
Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators
Article 1 Project matter and scope
This regulation aims at:
(a) setting non–discriminatory rules for access conditions to natural gas transmission systems taking into account the special characteristics of national and regional markets with a view to ensuring the proper functioning of the internal market in gas;

Article 8 “Tasks as regards terms and conditions for access to and operational security of cross border infrastructure
Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules
The network code on interoperability aligns the complex technical procedures used by network operators within the EU, and possibly with network operators in the Energy Community and other countries neighbouring the EU.Article 7, Measurement principles for gas quantity and quality. In addition to interconnection points, Article 17 shall apply to other points on transmission network where the gas quality is measured. Article 18 shall apply to transmission systems. This Regulation may also apply at entry points from and exit points to third countries, subject to the decision of the national authorities.