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On 10 June 2020, the German government published its long-awaited national hydrogen agenda. Earlier, the Dutch government also published its own hydrogen agenda and the policy overlap is clear: as far as the Dutch and the Germans are concerned, hydrogen will play an important role in the future energy supply of Europe.

The Dutch government published its hydrogen agenda on 30 March 2020. In the agenda, particular attention is paid to the creation of potential transportation hubs function which the Netherlands could incorporate into a greater, European hydrogen infrastructure. In addition, multiple references are made to Germany as a neighbouring country and potential hydrogen infrastructure and market partner. Meanwhile, Dutch policies are being further implemented on a local level: the Dutch province of Limburg (situated between Germany and Belgium) recently published its own hydrogen agenda (as did the province of Groningen).

After postponing the publication multiple times, the German Federal Ministry for Economic Affairs and Energy published its national hydrogen agenda on 10 June 2020. In the German agenda there is a strong focus on the production and import of “green” hydrogen, which is hydrogen produced by electrolysis based on renewable energies. In the Netherlands, the financial media has stated that Germany’s focus on hydrogen “will be lucrative for The Netherlands as well”. The German government emphasizes the need for hydrogen imports of hydrogen to meet the expected rise in demand and the Netherlands is in a strategic position both to supply and transport hydrogen. Also, offshore wind is intended to be one of the main sources of renewable energy to supply the electricity for hydrogen production at an industrial scale. To this end, the German government will be looking for cooperation and projects in the North Sea area.

The two countries appear ready to invest in hydrogen projects of all types (including infrastructure, production, and research). Since the national agendas overlap, bilateral cooperation may prove beneficial for both countries and for parties seeking to operate in the hydrogen sector throughout Europe. Yet, current EU regulations may pose an obstacle. Energy sector rules (specifically the EU Third Energy Package) require so-called “ownership unbundling”, which means that the energy generation and sale operations from transmission networks may not be performed by the same entity. This is an important issue that will need to be resolved if the hydrogen goals are to be met.

Hydrogen may be one of the main topics of interest during the German EU Presidency (from 1 July through 31 December 2020). Therefore, more news on hydrogen may soon be forthcoming.

(For more information on the EU unbundling regulation applicable to the hydrogen sector, we refer to this publication (in German) of Martin Borning of the GT Berlin office.)

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Photo of Marijn Bodelier Marijn Bodelier

Marijn Bodelier focuses on public law, environmental law, and real estate. Marijn has particular experience with respect to project developments, permitting, enforcement, sustainability, renewable energy projects and regulatory compliance. Marijn is Co-Chair of GT’s global Hydrogen Group.

Marijn has a seat in the

Marijn Bodelier focuses on public law, environmental law, and real estate. Marijn has particular experience with respect to project developments, permitting, enforcement, sustainability, renewable energy projects and regulatory compliance. Marijn is Co-Chair of GT’s global Hydrogen Group.

Marijn has a seat in the appeals committee of the city of Alkmaar, he is a guest lecturer at Groningen University, and a regular author of in Dutch legal journals on public law, environmental law and regulatory matters. He completed his master’s degree in Law at Maastricht University cum laude and finished the post-graduate education Environmental and Planning Law of the Grotius Academy cum laude in 2012. He is an active member of the Dutch Environmental Attorneys’ Association (Vereniging van Milieurecht Advocaten).

According the 2022 edition of The Legal 500, “Marijn Bodelier is easily accessible, acts quickly and provides sound advice with regard to the public law aspects.”

Photo of Martin Borning Martin Borning

Martin Borning is a member of the infrastructure group with a focus on advising on transactions and projects in regulated industries, including joint ventures, co-operations and corporate restructurings.

Martin has longstanding experience advising companies and corporations in the energy and transportation sectors. Furthermore,

Martin Borning is a member of the infrastructure group with a focus on advising on transactions and projects in regulated industries, including joint ventures, co-operations and corporate restructurings.

Martin has longstanding experience advising companies and corporations in the energy and transportation sectors. Furthermore, he advises investors, operators and developers in the areas of renewable energies, mobility and digital infrastructure. Among his clients are national and international corporations, manufacturers and operators of commercial vehicles and rail vehicles, infrastructure funds and infrastructure financiers as well as public sector companies.

Prior to joining the firm Martin has been a lawyer with Linklaters in the practice group Corporate/Energy for more than eight years.

Photo of Jan Herfkens Jan Herfkens

Jan Herfkens is a member of the Amsterdam real estate practice of Greenberg Traurig. Jan focuses his practice on real estate, administrative law, and environmental law. Jan holds a LL.M. from Leiden University. Besides his bachelor of Law, Jan studied Middle-Eastern Studies: Arabic…

Jan Herfkens is a member of the Amsterdam real estate practice of Greenberg Traurig. Jan focuses his practice on real estate, administrative law, and environmental law. Jan holds a LL.M. from Leiden University. Besides his bachelor of Law, Jan studied Middle-Eastern Studies: Arabic, and he worked as a student-assistant for international labor law. Before joining Greenberg Traurig in October 2019, Jan was a trainee of political affairs at the Dutch Embassy in Beirut (Lebanon), and he was a lecturer on “Techniques and Methods of Jurisprudence” at Leiden University. Jan is admitted to the Amsterdam Bar.