As mentioned in our previous article, on 21 October 2022, a draft law amending the Energy Law and certain other laws (UD 382) was published on the website of the Government Legislation Center, which is expected to introduce rules for hydrogen-related business into the Polish legal order.
We examine what the legislator is proposing in this regard.
New definitions
First and foremost, hydrogen (defined as a chemical substance under CN code 2804 10 00) has been included in the draft under the Energy Law definition of fuel. However, it will be neither a solid fuel nor a liquid fuel - hydrogen will become an independent and separate category of fuel.
A number of other definitions have also been introduced, including those relating to hydrogen infrastructure. Among others, the following have been defined:
- Hydrogen system;
- Direct hydrogen pipeline;
- Hydrogen network;
- Hydrogen transmission;
- Hydrogen storage.
Energy and hydrogen storage
The legislator assumed that there would be a change in the definition of energy storage, which could also be based on converting electricity into another form of energy, including hydrogen, storing this energy and then using it in the form of another energy carrier.
It is worth adding in this context that, according to the presented draft, the hydrogen storage installation will be a type of energy storage where energy is stored in the form of hydrogen. Other installations in which hydrogen is stored for purposes other than energy storage are excluded from the definition of a hydrogen storage facility.
Electrolytic conversion
Under the proposed legislation, an entirely new range of possible activities will be electrolytic conversion services, defined as the conversion of electricity into hydrogen or other gasses by electrolysis, or the conversion of hydrogen, obtained by electrolysis, into electricity, carried out at an electrolytic conversion facility. It is worth adding that electrolytic conversion is, according to the draft, excluded from the concept of 'production' under Article 3 point 45 of the Energy Law. The electrolytic conversion part of the installation is also excluded from the definition of a hydrogen storage facility.
Electrolytic conversion services, according to the proposed Article 4cb of the Energy Law, are to be provided by a hydrogen system operator, a hydrogen storage system operator, a gas transmission system operator or a gas distribution system operator.
We will analyze further information about the 'Hydrogen Act’ in subsequent posts. However, the draft law is still at the opinion stage - it is therefore worthwhile to make comments or requests during the legislative process, which we encourage. We will also be happy to assist you in analyzing the draft legislation for your planned or already started hydrogen activities and drafting comments on the amendment.
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