Mot en støtteordning for hydrogen i Norge: En rettslig analyse av hvordan EU påvirker utformingen av differansekontrakter for hydrogen.

Abstract

The thesis examines how the existing EU law regarding hydrogen and State aid law influence the design of a Norwegian Hydrogen Contract for Difference (CfD). The research is carried out through legal doctrinal method and focuses on the Renewable Energy Directive (RED), RED amendments, the Delegated Acts on Renewable Hydrogen (DAs), the Hydrogen and Decarbonised Gas Market Package. As well as State aid law, regulations and guidelines, such as the General Block Exemption Regulation (GBER) and Guidelines on State aid for Climate, Environmental protection and Energy (CEEAG). Due to climate change, action is required to facilitate for transitional industries. State support measures for clean hydrogen, as CfD, could help the hydrogen industry overcome its barriers and be an effort towards a zero-carbon future. An assessment of the EU law relevant for a Norwegian Hydrogen CfD, is therefore of importance to outline the legal scope to design the support measure within.

In conclusion, it seems as RED II and the proposal for electricity market design favours CfD as a support instrument. The thesis finds that the EU regulations favour renewable hydrogen and labels low-carbon hydrogen as a transitional activity. Thus, it is unclear whether a Norwegian hydrogen CfD could be technology neutral regarding renewable and low-carbon hydrogen in the long run, as it is a greater focus on renewable hydrogen in EU. Nevertheless, demand for Norwegian clean hydrogen will be driven by EU regulations defining renewable and low-carbon hydrogen, which determine the difference in market price between these two products. Additionally, State aid rules, like GBER, may exclude support to low-carbon hydrogen, whereas CEEAG currently approves support for both renewable and low-carbon hydrogen. Further, the State aid law, GBER and CEEAG mainly affect the allocation and not the design of Norwegian hydrogen CfD. The CfD can be designed in accordance with de minimis, the EEA Agreement Article 61(3)(c) and CEEAG. While GBER stipulate provisions and exceptions which makes it less suitable.

The thesis examines how the existing EU law regarding hydrogen and State aid law influence the design of a Norwegian Hydrogen Contract for Difference (CfD). The research is carried out through legal doctrinal method and focuses on the Renewable Energy Directive (RED), RED amendments, the Delegated Acts on Renewable Hydrogen (DAs), the Hydrogen and Decarbonised Gas Market Package. As well as State aid law, regulations and guidelines, such as the General Block Exemption Regulation (GBER) and Guidelines on State aid for Climate, Environmental protection and Energy (CEEAG). Due to climate change, action is required to facilitate for transitional industries. State support measures for clean hydrogen, as CfD, could help the hydrogen industry overcome its barriers and be an effort towards a zero-carbon future. An assessment of the EU law relevant for a Norwegian Hydrogen CfD, is therefore of importance to outline the legal scope to design the support measure within.

In conclusion, it seems as RED II and the proposal for electricity market design favours CfD as a support instrument. The thesis finds that the EU regulations favour renewable hydrogen and labels low-carbon hydrogen as a transitional activity. Thus, it is unclear whether a Norwegian hydrogen CfD could be technology neutral regarding renewable and low-carbon hydrogen in the long run, as it is a greater focus on renewable hydrogen in EU. Nevertheless, demand for Norwegian clean hydrogen will be driven by EU regulations defining renewable and low-carbon hydrogen, which determine the difference in market price between these two products. Additionally, State aid rules, like GBER, may exclude support to low-carbon hydrogen, whereas CEEAG currently approves support for both renewable and low-carbon hydrogen. Further, the State aid law, GBER and CEEAG mainly affect the allocation and not the design of Norwegian hydrogen CfD. The CfD can be designed in accordance with de minimis, the EEA Agreement Article 61(3)(c) and CEEAG. While GBER stipulate provisions and exceptions which makes it less suitable.