Creating the Hydrogen Market from Scratch in the EU and Australia: How Legislative Authority Shapes the Regulatory Choices

by Sirja-Leena Penttinen, Jordie Pettit and Kim Talus

Introduction

(Addendum 27/11/2024) The EU and Australia can both be considered as 'federal type' jurisdictions. However, there are considerable differences between the two when it comes to competences to regulate hydrogen. In this article, we will examine the division of competences to regulate the emerging hydrogen market both in the EU and Australia and seek to illustrate how the underlying competence dynamics shape the regulatory choices for the kick-start of the hydrogen market.

This article begins first by briefly outlining the main heads of competence on energy, both in the EU and Australia. We will then continue to examine the main legislative and policy instruments to kick-start the hydrogen economy in both jurisdictions. We will specifically focus on the regulation of hydrogen production. Based on this, we will analyse how the competence shapes the legislative approaches of the EU and Australia, and finally provide some concluding thoughts.

Creating the Hydrogen Market from Scratch in the EU and Australia: How Legislative Authority Shapes the Regulatory Choices is part of the OGEL 3 (2024) Special Issue on "Contractual, Legal, and Regulatory Dynamics for Hydrogen Projects and Markets" and is available here www.ogel.org/article.asp?key=4145 (sign in to download).