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RED II Delegated Acts hydrogen updated analysis

Any good Shakespearian drama comes in at least five acts. The long-awaited Delegated Acts under Articles 27 and 28 of RED II are no exception. In what could be the fourth act, the Acts were finally adopted by the European Commission on 10 February 2023.

The two Delegated Acts are inter-related and both are relevant to the classification of a fuel as a “renewable fuel of non-biological origin” (“RFNBO”) under the EU directive on renewable energy (“RED II”) and thus the ability for the use of such fuels to be counted towards RED II renewable energy targets. Meeting these criteria is fundamental for renewable hydrogen projects developed in the EU. Given the EU is positioning itself as a future major importer of hydrogen and hydrogen derivatives (e.g. green ammonia and green methanol), projects around the globe have been waiting for the seemingly technical rules to be finalised.

The question now is if, and when, the fifth and final act can be expected, allowing thousands of hydrogen projects around the globe to move forward.

Read our full analysis of the updates in the PDF below.

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Hydrogen in Europe An update on the RED II Delegated Acts

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This content was originally published by Allen & Overy before the A&O Shearman merger