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  • Periodic Reporting for period 1 - HyLAW (Identification of legal rules and administrative processes applicable to Fuel Cell and Hydrogen technologies’ deployment, identification of legal barriers and advocacy towards their removal.)

HyLAW Report Summary

Project ID: 735977
Funded under: H2020-EU.

Periodic Reporting for period 1 - HyLAW (Identification of legal rules and administrative processes applicable to Fuel Cell and Hydrogen technologies’ deployment, identification of legal barriers and advocacy towards their removal.)

Reporting period: 2017-01-01 to 2017-12-31

Summary of the context and overall objectives of the project

Despite the considerable progress made by the fuel cells and hydrogen (FCH) industry to bring products and solutions on the market, existing legal framework and administrative processes (LAPs) reflect the market dominated by incumbent technologies. The limited considerations given by LAPs to the specificities of FCH technologies, the lack of informed national and local administrations and the uncertainty on the legislation applicable to FCH technologies elicit delays and extra-costs, potentially deterring investors or clients.

Overall, the HyLAW project aims to deliver the most detailed and robust assessment to date of LAP related impacts on FCH technologies across the EU. It will bring existing data into one place and combine it with rigorously acquired survey data and undertake a consistent quantitative and qualitative assessment of LAP impacts. This will provide the facts and underlying evidence essential for discussions with regulatory agencies, policymakers and other stakeholders on how best to manage, simplify or/and modify or/and bring commonality to the LAP process across the sector.

As a result, the HyLaw project aims to tackle this major barrier to deployment through the achievement of the following Core Objectives:
• CREATE: a coherent database covering 17 MSs and 1 associated State to be built as an EU bench mark reflecting the current status of LAPs for deployment, installation and operation for each of the key fuel cell and hydrogen domains, namely mobility, stationary fuel cells and hydrogen generation / storage / distribution and network integration – covering interface with renewable energy systems for H2 generation and network interface for the distribution of H2, energy and electro-chemical by-products such as heat and cooling
• MEASURE: utilise the database details collected to assess the impact of delays in deployment caused through LAPs as a means to also identify significant variations and ‘best practice’ approaches implemented locally, regionally or/and nationally
• INFORM: provide accessibility via a single portal to information about FCH technologies already deployed and how regulatory and LAP arrangements were addressed – ensuring relevance to the different parties involved (installers, users, operators, planners, related agencies) and act as the basis for national policy papers
• COMPARE: ensure interaction and understanding of FCH technologies and FCH products - reactive experience with products and LAPs to underline the fact that solutions can and have been found in the EC (and potentially elsewhere – Japan, USA) and to reinforce the commercial readiness of the sector with products that are currently entering the market and which need amendments, addendums and best practice recognition
• COMMUNICATE AND DISSEMINATE: provide a coherent communication strategy and meet the dissemination needs of different FCH sectors and different member states. Given the diversity of audience interests and responsibilities (covering FCH technology installers, users, operators, planners, related agencies and authorities), it is essential to effectively communicate the right messages to the right recipients. This may require different communication and dissemination strategies across the FCH technology sectors and for different interests in different Member States.

Work performed from the beginning of the project to the end of the period covered by the report and main results achieved so far

In order to achieve the results described above, the project was organised in six work packages and set itself a number of milestones spanning a total implementation period of two years.

In the first year of implementation, more than 65 legal and administrative processes (LAPs) relevant to the deployment of hydrogen technologies, covering 25 applications within 9 categories have been identified, defined and placed within their relevant application and category (An intensive, iterative process of methodological development has been employed for this purpose (see section Work package 2 for details). This is the first time that any project or private initiative has ever attempted and succeeded to identify and categorize the relevant areas of hydrogen technology deployment that are subject to potentially onerous regulations at local, regional, national and EU level.

Armed with this comprehensive list of LAP’s, the study has collected information in 17 Member States (Austria, Belgium, Bulgaria, France, Denmark, Finland, Germany, Italy, Latvia, Hungary, The Netherlands, Poland, Portugal, Romania, Spain, Sweden and the United Kingdom) and one associated country (Norway) through an extensive process of data collection. The process involved, in each country, the engagement of a wide range of private and public stakeholder and the analysis of a large set of documentary sources such as past projects, legislative acts and other publications

Progress beyond the state of the art and expected potential impact (including the socio-economic impact and the wider societal implications of the project so far)

Each of the FCH technology sectors is on a pathway toward commercial deployment. Securing the long-term carbon abatement and energy security benefits, along with positive innovation, income and employment impacts of FCH commercialisation, will however depend on the ability of technology providers and early adopters to respectively deliver and utilise FCH products without ‘hitting the brick wall of local permitting and use regulations’. Access to background data on the FCH technologies and the experiences of others, whether nationally or further afield, in interpreting and applying LAPs can make a critical difference to the time and resource costs associated with FCH rollout. Removing technology deployment uncertainty due to inconsistent LAPs will give a positive early signal to investors in new facilities and products and give the FCH industry the confidence to invest in production capacity in the knowledge of a clear pathway to deployment locally, nationally and across borders.

The HyLAW project will be the first action targeted at identifying LAPs relevant to the deployment of FCH technologies across Europe. It will deliver a single hub for LAP related benchmark information and analyses needed to underpin ‘position papers’ and policy papers covering 64 different processes across 25 applications in 9 categories of FCH technologies that will be accessible to investors, commercial users /customers through to policymakers and regulators in English and 18 national languages.

The HyLaw project will increase and sustain awareness, via the web portal and network of supporting national Associations, of existing regulatory and legal-administrative barriers, and how they have been and can be reduced or eliminated. It will provide for interchange and dialogue between those looking to deploy, those looking to use, and those looking to manage the provision and operation of FCH technologies. It will remove uncertainties and build enthusiasm for supporting FCH technology deployment. Once it will be finalised, the HyLAW project will deliver the most detailed and robust assessment to date of LAP related impacts on FCH technology deployment across the EU. It will bring existing data into one place and share a consistent quantitative and qualitative assessment of LAP impacts.

Through the early benefits already observed during the project and the impacts which are envisioned to take place following the completion of the project, we expect that the HyLAW project will be a key tool for addressing and unlocking regulatory barriers to widespread deployment and eventually uptake of FCH technologies.
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