Statement on the draft Act to accelerate the availability of hydrogen and to amend further legal framework conditions for the hydrogen ramp-up
The AquaVentus Förderverein expressly welcomes the thrust of the ministerial draft, which aims to effectively support the market ramp-up of hydrogen through legal clarifications, investment incentives and faster planning. In the coalition agreement between the CDU/CSU and the SPD, the offshore sector in particular plays a central role — through its capacity, security of supply and system benefits. It is all the more important that the legal framework be designed in a technology-neutral, future-proof and coherent manner.
Point of criticism: Section 3 Definitions — restrictions for electrolysers at sea. In Section 3 of the draft (page 31), the term hydrogen producer is defined in such a way that only electrolysers on land, i.e. onshore facilities, as well as electrolysers within the territorial sea, are covered by the privileged treatment. Offshore electrolysers for hydrogen production at sea in the Exclusive Economic Zone (EEZ) are explicitly excluded. In the view of AquaVentus, this restriction is counterproductive.
Focus on the overall economic benefit. In its strategic foundations — including the coalition agreement, the update of the National Hydrogen Strategy and the North Sea energy initiatives — the Federal Government has clearly committed to hydrogen generation at sea. Differentiating between the territorial sea and the EEZ runs directly counter to this ambition and makes no sense, since the optimum siting of such facilities depends on various factors, such as environmental compatibility and proximity to power lines or hydrogen pipelines and offshore wind farms.
Studies show that hydrogen generation makes the most sense economically and ecologically in areas far from the coast: territorial waters are ecologically sensitive, subject to strong competition for space (e.g. shipping, tourism, nature conservation) and technically unsuitable for the economic operation of large-scale electrolysers. By contrast, the EEZ — particularly in conjunction with planned offshore wind farms and the AquaDuctus pipeline — offers ideal conditions for the cost-efficient, continuous and grid-friendly production of green hydrogen.
Reference is further made to the Offshore Wind Energy Act, which is intended to lay down specific provisions. Precisely these provisions have so far not been made in the current ministerial draft implementing the RED III Directive in the field of offshore energy and grids. In order to create prospects for projects and ensure planning certainty, equal treatment of electrolysers at sea in the EEZ must be included either in the Offshore Wind Energy Act or in the Hydrogen Acceleration Act.
AquaVentus proposes the following amendment:
In Section 3 of the draft, the restriction of electrolysers at sea to those "within the territorial sea" is to be deleted without replacement.
Alternatively, a technology-neutral wording may be chosen that enables hydrogen production at sea irrespective of the legal zoning, e.g.: "Within the scope of Section 3 number 10, electrolysers on land, i.e. onshore facilities, as well as electrolysers in maritime areas at sea within the territorial sea and in the Exclusive Economic Zone, are covered."