Polish Government launches work on draft Hydrogen Law

Written By

tomasz chabrzyk Module
Tomasz Chabrzyk

Associate
Poland

I work as an associate in the Energy & Utilities team.

An important development has emerged in the Polish energy sector. A new draft amendment to the Energy Law, designated as project number UD36, has been introduced into the legislative and program agenda of the Polish Council of Ministers. This amendment seeks to establish a robust legal framework for hydrogen, superseding the current draft, UD382. This initiative marks a substantial progression in delineating the regulatory landscape governing hydrogen within our energy sector.

Polish Hydrogen Strategy

On November 2, 2021. The Council of Ministers adopted the Polish Hydrogen Strategy to 2030 with an Outlook to 2040 (PHS). This comprehensive policy document charts a strategic course aimed at catalyzing the hydrogen economy in Poland. Central to its vision is the widespread adoption of low-carbon and renewable hydrogen technologies across pivotal sectors such as power generation, heating, transportation, and industry. Poland's hydrogen strategy isn't just about laying the groundwork for a hydrogen economy—it's also about actively shaping its growth and guiding a systematic shift towards climate neutrality. Lawmakers anticipate that these steps will boost the competitiveness of the national economy. To this end, PHS outlines six strategic objectives:

  • Integration of hydrogen technologies into the power and heating sectors;
  • Promoting hydrogen as an alternative fuel for transportation;
  • Facilitating the decarbonization of industry
  • Expansion of hydrogen production through new infrastructure;
  • Efficient and secure transmission, distribution, and storage of hydrogen;
  • Stable regulatory framework for sustainable development.

Key Assumptions

As Poland sets its sights on implementing the PHS, a key focus for the government lies in establishing a stable regulatory framework. This move comes as current national legislation falls short of meeting the necessary criteria to drive forward the PHS objectives and accommodate the ambitious growth plans for the hydrogen sector. The regulatory landscape in Poland is on the brink of significant transformation, with European Union legislation playing a crucial role in shaping the country's approach to hydrogen.

The alignment of Polish regulations with EU directives underscores the country's commitment to embracing sustainable energy solutions and positioning itself at the forefront of the hydrogen revolution. With impending changes in regulatory frameworks, stakeholders in the Polish hydrogen sector are gearing up for a transformative period characterized by innovation and growth.

The proposed changes are meant to fulfill the relevant criteria outlined in the Recovery and Resilience Facility (RRF) milestones (namely, B17G)a, aiming to facilitate its implementation in Poland.

Proposed solutions

Key components of the proposed amendments include the introduction of essential conceptual frameworks within the Energy Law, tailored to accommodate the unique dynamics of Poland's hydrogen market. Additionally, provisions are outlined to govern the equitable allocation of hydrogen-related activities and to delineate operational guidelines for dedicated hydrogen infrastructure, such as hydrogen networks.

Furthermore, the proposal entails:

  • Regulating the principles of activities related to hydrogen.
  • Designing the principles of operation of a dedicated hydrogen infrastructure system – hydrogen networks.
  • Considering cross-sectoral possibilities of hydrogen utilization.
  • Proposing simplifications for entities investing in the development of the hydrogen system.

Next steps

The industry is eagerly anticipating the release of a draft of specific legislation, as the assumptions presented thus far have been rather broad. It's only upon the publication of this draft that we'll be able to accurately gauge the true merit of the proposed solutions. The government has indicated that the draft is slated for release in the second quarter of 2024.

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