• The first Delegated Act allows hydrogen fuel producers to count electricity taken from grids as “fully renewable” if the grids are in areas where the emission intensity of power is lower than 18 grams of CO2 equivalent per megajoule (18 g CO2/MJ). Easing the way for countries where nuclear energy forms a substantial part of their energy supply.
• Further, the first Delegated Act requires hydrogen and hydrogen-based fuels to be generated via electrolyzers that are powered by new renewable energy to qualify as renewable fuels of non-biological origin.
• The second Delegated Act provides the methodology for determining life-cycle greenhouse gas emissions for renewable fuels of non-biological origin. Under this approach, greenhouse gas emissions across the full life cycle of such renewable fuels will be taken to account, including upstream emissions, emissions associated with taking electricity from the grid, and emissions from transportation.
• These Acts will provide “regulatory certainty” to investors amid the EU’s aim to produce 10 million metric tonnes of domestic renewable hydrogen and import 10 million metric tonnes of renewable hydrogen by 2030.

On Monday, February 13, 2023, the European Commission proposed detailed rules to define what constitutes renewable hydrogen in the EU in its adoption of two Delegated Acts required under the Renewable Energy Directive. These Acts are components of the EU’s broad regulatory framework for hydrogen, which includes energy infrastructure investments and state aid rules, as well as legislative targets for renewable hydrogen use in the industry and transportation sectors.