Delegated Acts on Hydrogen

ClientEarth contends that the proposed delegated acts on RFNBOs undermine the principle of additionality, potentially cannibalising renewable electricity needed for other sectors and violating the European Climate Law and the energy efficiency first principle.

• The proposed delegated acts fail to adhere to the strict requirements of RED II Article 27(3) by using time and pricing proxies instead of ensuring electricity is produced exclusively from renewable sources. Specifically, the RFNBO DA allows renewable facilities to come online up to 36 months before the electrolyser, and permits the use of electricity prices (e.g., equal to or lower than EUR 20 MWh) as a proxy for renewable deployment.
• A grandfathering clause in Article 8 of the RFNBO DA is identified as unlawful because it exempts grid-connected electrolysers starting operation before 2027 from the 36-month and State aid requirements, allowing them to use existing rather than additional renewable energy.
• The GHG Methodologies DA enables the double-counting of renewable electricity benefits, allowing producers to treat electricity as fully renewable under the RFNBO DA while simultaneously counting it as zero or low-carbon under the GHG Methodologies DA.
• The proposed acts are argued to violate the European Climate Law by failing to prioritise swift emission reductions and lacking a required climate assessment to ensure consistency with the EU's 2030 target of a 55% GHG reduction and 2050 climate neutrality.
• The briefing asserts that the proposed legislation violates the energy solidarity principle and the 'energy efficiency first' principle by favouring Member States with high renewable penetration and promoting hydrogen in sectors that could be more efficiently decarbonised through direct electrification.

APA

ClientEarth (2022). Delegated Acts on Hydrogen. https://www.clientearth.org/media/vr4pmmjp/clientearth-comments-on-proposed-delegated-acts-relating-to-rfnbos-220617.pdf

Chicago

ClientEarth. Delegated Acts on Hydrogen. 2022. https://www.clientearth.org/media/vr4pmmjp/clientearth-comments-on-proposed-delegated-acts-relating-to-rfnbos-220617.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Delegated Acts on Hydrogen |date=June 2022 |url=https://www.clientearth.org/media/vr4pmmjp/clientearth-comments-on-proposed-delegated-acts-relating-to-rfnbos-220617.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2022delegated, author = {{ClientEarth}}, title = {{Delegated Acts on Hydrogen}}, institution = {ClientEarth}, year = {2022}, month = jun, url = {https://www.clientearth.org/media/vr4pmmjp/clientearth-comments-on-proposed-delegated-acts-relating-to-rfnbos-220617.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }