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The European Commission is ramping up support for low-carbon "blue" hydrogen, increasingly positioning it alongside renewable "green" hydrogen as a key pillar of the EU's future energy mix. On July 8, 2025, the European...more
It might appear as though investors are struggling to see how to make the energy transition profitable, but European investor appetite hasn’t waned for the right transaction. Below we consider some topical issues and risk...more
After the German federal government break-up in November 2024 and the new elections in February 2025, the political parties – Christian Democratic Union of Germany (CDU)/ Christian Social Union in Bavaria (CSU) and Social...more
Talks (Koalitionsverhandlungen) between the centre-right CDU/CSU and centre-left SPD to form a new German government concluded in a coalition agreement reached on April 9, 2025. In our previous coverage of the German...more
After the February election, Germany's energy transition is at a critical turning point. With the just announced coalition agreement between the CDU/CSU (Christian Democratic Union) and the SPD (Social Democratic Party),...more
The hydrogen industry is starting 2025 on a brighter note after what has been described by the industry as a “blank year”. Since 2021, France has planned to give a financial aid to selected producers of renewable and...more
This week witnessed the launch of the EU’s second renewable hydrogen auction. Building on the first auction in 2023, this important milestone will see up to €1.2 billion made available to support the development of a green...more
Antitrust and Competition - The Court of Justice of the European Union Finds That the European Commission Lacks Jurisdiction to Review Transactions That Fall Below the EU and National Merger Filing Thresholds -On 3 September...more
On 27 September 2024, the European Commission (“EC”) published draft rules defining “low-carbon hydrogen” and derivative “low-carbon fuels” in the EU (the “Draft Low-Carbon Hydrogen DA”). A public consultation is now open...more
In June 2023 the European Union (“EU”) adopted its definition of green hydrogen and derivatives (known as “renewable fuels of non-biological origin”, or “RFNBO”). See our previous client alert summarising the key aspects of...more
By 2050, the cost of producing low-carbon hydrogen is expected to be five times higher in the most expensive regions than the least expensive regions, according to the Hydrogen Council. This significant cost gap will require...more
On 21 May 2024, the Council of the EU adopted the Hydrogen and Decarbonized Gas Market Package. It aims to shift the gas system to low-carbon and renewable gases, and provides for the highly anticipated framework on dedicated...more
The European Commission (EC) is in the process of implementing its “Union database” (UDB) to track all renewable gases and liquid fuels. Gases and fuels, whether produced in the EU or imported, will need to be registered in...more
The U.S. Treasury Department (Treasury) and the Internal Revenue Service (the IRS) issued proposed regulations on December 22, 2023, providing initial guidance on the clean hydrogen tax credit under section 45V (the 45V...more
Australian Update - Draft Reporting Standards for Australian Climate-Related Disclosures - As previously reported by K&L Gates, the Australian Accounting Standards Board released its exposure draft of the Australian...more
The European Commission recently released the heavily anticipated terms and conditions for its initial European Hydrogen Bank (EHB) auction. The structure of this subsidy scheme is of great interest to green hydrogen...more
Hydrogen is a key ingredient in any country’s future energy plans. In the United States, the hydrogen sector is on the launch pad, ready for lift-off. However, its trajectory hinges on a critical question: what criteria...more
Renewable fuels of non-biological origin would play an expanded role in satisfying EU decarbonisation targets. The European Council has formally endorsed the proposed amendments to Directive (EU) 2018/2001 on the...more
Germany has finally published draft guidance on the long-awaited (Carbon) Contracts for Difference (or "CfD"). The first CfDs, previously announced in the European1 and German National2 Hydrogen Strategies of 2020, are...more
The need to diversify our sources of energy has become more and more compelling, aggravated by the current geopolitical context and climate change. Many countries have expressed their willingness to use hydrogen as part of a...more
In February 2023, the European Commission proposed detailed rules to define what constitutes renewable hydrogen in the EU, with the adoption of two Delegated Acts pursuant to the Renewable Energy Directive....more
The proposals form part of the Green Deal Industrial Plan and aim to scale up technology and materials for the energy transition. On 16 March 2023, the European Commission (Commission) formally proposed two legislative...more
Any good Shakespearian drama comes in at least five acts. The long-awaited Delegated Acts under Articles 27 and 28 of RED II are no exception. In what could be the fourth act, the Acts were finally adopted by the European...more
Already for a while the European Commission was expected to adopt delegated acts on the basis of the so-called Renewable Energy Directive II (“RED II”) which determine specific criteria in relation to renewable transport...more
The high production costs of renewable hydrogen (RH2) limit its ability to compete with alternative non-renewable fuels and technologies. This is exacerbated by a number of market failures (including failure of carbon pricing...more