*Post-Dr. Georgios Anthrakefs
2nd sequel
Abstract
Hydrogen has become a key element of the European Union’s strategy to achieve climate neutrality, energy security, and internal market integration.
This article analyses the emergence of a common EU hydrogen energy policy from a legal perspective, focusing on the evolution of EU competences, the development of secondary legislation, and the implications for Member State autonomy. It traces the progression of EU hydrogen policy from early
research-oriented initiatives to a comprehensive regulatory framework shaped by the European Green Deal, the EU Hydrogen Strategy, REPowerEU, and the Decarbonised Gas and Hydrogen Package, including the Renewable and Natural Gases and Hydrogen (RNGH) Directive and Regulation and the revised TEN-E Regulation.
I. Introduction
The modern world relies heavily on energy, but conventional energy supplies are diminishing. Meanwhile, traditional forms of energy (oil, coal, natural gas) are responsible for 75% of greenhouse gas emissions, driving climate change. Combatting the climate crisis implies a radical change in energy patterns, as exemplified by the European Union’s efforts to transition to renewable energy.1 The European Union (EU) has thus committed itself to achieving climate neutrality by 2050, a goal that necessitates a profound restructuring of its energy system. 2 Central to this ambition is the decarbonisation of sectors such as heavy
industry, long-distance transport, and energy-intensive manufacturing. Hydrogen has emerged as a pivotal energy carrier in this context due to its versatility, high energy density, and capacity to deliver near-zero emissions at the point of use when produced sustainably. 3
However, despite its technological promise, hydrogen deployment at scale raises complex economic, regulatory, and political challenges. The fragmented nature of national energy policies, divergent regulatory approaches among member states and uneven infrastructure development risk undermining the EU’s objective of creating a single, integrated hydrogen market. A common EU hydrogen energy policy is therefore not merely desirable but essential.4
The present article examines how these instruments construct a legal architecture for hydrogen networks, market access, infrastructure planning, and system integration, reflecting a shift towards coordinated pan-European energy governance. The practical limits of legal harmonisation are further assessed by examining regulatory uncertainty, delegated acts on low-carbon hydrogen, and divergent national and industry approaches: While the EU has established a robust legal foundation for a common hydrogen market, the
effectiveness of this framework depends on its ability to reconcile climate objectives, internal market principles, and economic feasibility within the constraints of shared competence and the principle of energy sovereignty.
*Post-Doctor of Law, Georgios Anthrakefs, postdoctoral researcher from June 2023 until June 2025 on the
topic: «Hydrogen as an important factor in the EU Energy Transition» at the Athens University of Economics
and Business, Department of International and European Economic Studies.
1 Pliakos, A., EU Energy Law, Policy, Regulation and Competition in Energy Markets, Publications Nomiki
Vivliothiki, Athens, 2022, p. Vii.
2 https://climate.ec.europa.eu/eu-action/climate-strategies-targets/2050-long-term-strategy_en.
3 https://www.europarl.europa.eu/RegData/etudes/STUD/2021/695469/IPOL_STU(2021)695469_EN.pdf
4 https://eeb.org/wp-content/uploads/2023/01/EEB_Policy-brief-hydrogen_final_20230126.pdf.
II. Conceptual and Legal Foundations of an EU Hydrogen Policy
The foundations of EU hydrogen policy were laid with the publication of the European Green Deal in 2019, which framed hydrogen as a key enabler of climate neutrality.5 This vision was formalised in the EU Hydrogen Strategy adopted in 2020, which established a phased roadmap for hydrogen deployment, encompassing production, infrastructure development, and market creation.⁵
Hydrogen’s strategic value lies in its ability to decarbonise sectors where direct electrification is either technically impossible or economically inefficient. In heavy industry, hydrogen can replace coal in steelmaking and natural gas in chemical processes. In transport, hydrogen and hydrogen-derived fuels provide potential solutions for aviation and shipping. Moreover, hydrogen can function as a medium for long-term energy storage (battery), enhancing grid stability in energy systems characterised by a high share of variable renewable generation. Recognising this potential, the EU has set ambitious targets under its Hydrogen Strategy and the REPowerEU framework, aiming to produce 10 million tonnes of renewable hydrogen domestically and to import an additional 10 million tonnes by 2030. These targets underline
hydrogen’s central role in the EU’s climate, industrial, and energy security strategy.6
The geopolitical energy crisis following Russia’s invasion of Ukraine in 2022 significantly accelerated policy momentum (See Regulation (EU) 2026/261 of the European Parliament and of the Council of 26 January 2026 on phasing out Russian natural gas […]).. 7 The REPowerEU Plan repositioned hydrogen not only as a decarbonisation instrument but also as a strategic asset for reducing dependence on imported fossil fuels and enhancing energy security. 8 This shift marked a transition from long-term planning towards
accelerated implementation.
Legislative initiatives have sought to integrate hydrogen into the EU’s internal energy market framework. On 11 April 2024, the European Parliament adopted the Renewable and Natural Gases and Hydrogen (RNGH) Directive (Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024)9 and the Renewable and Natural Gases and Hydrogen (RNGH) Regulation (Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024)10 – otherwise known as the Decarbonised Gas and Hydrogen Package – and published both documents on 12 April 2024. Together with the TEN-E
Regulation 2022/86911 (adopted on 3th June 2022), they constitute the new EU Regulatory Framework governing the construction of, and access to, hydrogen networks, as well as re-purposing and de-commissioning of, and access to, natural gas networks. This regulatory evolution reflects the EU’s broader ambition to move from fragmented national approaches towards a genuinely integrated hydrogen market.
5 The Commission has put in place the European Green Deal Investment Plan (EGDIP), also referred to as
Sustainable Europe Investment Plan (SEIP), as part of the Green Deal. This includes the Just Transition
Mechanism, which focuses on ensuring a fair and just transition to a green economy. It will mobilise significant investments over the period 2021-2027 to support citizens of the regions most impacted by the transition. See https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/european-green-deal/finance-and-green-deal_en.(2026).
6 European Commission, A Hydrogen Strategy for a Climate-Neutral Europe (Brussels, 2020) [https://eur-
lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52020DC0301](2026).
7 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32026R0261
8 European Commission, REPowerEU Plan (Brussels, 2022) [https://commission.europa.eu/document/download/26b26894-254d-4a65-8b4d-bced92365d1b_en?prefLang=el](2026).
9 https://eur-lex.europa.eu/eli/dir/2024/1788/oj/eng
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