Legal Regulation of Hydrogen in Germany and Ukraine as a Precondition for Energy Partnership and Energy Transition

In August 2020, Germany and Ukraine launched an energy partnership that includes the development of a hydrogen economy. Ukraine has vast renewable energy resources for “green” hydrogen production and a gas transmission system for transportation instead of Russian natural gas. Based on estimates by Hydrogen Europe, Ukraine can install 8000 MW of total electrolyser capacity by 2030. For these reasons, Ukraine is among the EU’s priority partners concerning clean hydrogen, according to the EU Hydrogen strategy. Germany plans to reach climate neutrality by 2045, and “green” hydrogen plays an important role in achieving this target. However, according to the National Hydrogen Strategy of Germany, local production of “green” hydrogen will not cover all internal demand in Germany. For this reason, Germany considers importing hydrogen from Ukraine. To govern the production and import of “green” hydrogen, Germany and Ukraine shall introduce legal regulations, the initial analysis of which is covered in this study. Based on observation and comparison, this paper presents and compares approaches while exploring the current stage and further perspectives for legal regulation of hydrogen in Germany and Ukraine. This research identifies opportunities in hydrogen production to improve the flexibility of the Ukrainian power system. This is an important issue for Ukrainian energy security. In the meantime, hydrogen can be a driver for decarbonisation according to the initial plans of Germany, and it may also have positive impact on the operation of Germany’s energy system with a high share of renewables.