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2026年5月28日
Publication series – 87 / 86 观点
Hydrogen Acceleration Act
- Briefing
Co author: Clara Seitz (Research Assistant)
A. Goal – Ramp-up of the hydrogen economy
The Hydrogen Acceleration Act aims to improve the legal framework for the rapid development and expansion of hydrogen infrastructure. The focus is on the production, storage, import and transport of hydrogen. The goal is to advance the ramp-up of the hydrogen economy as a whole.
Until now, the expansion of the hydrogen economy has been significantly delayed by lengthy and complex permitting procedures and a lack of clear prioritisation rules. The draft act addresses this by creating simplified and accelerated procedures with binding structures, thereby providing more reliable framework conditions for the market ramp-up of hydrogen.
The core of the Act consists of procedural facilitations along the entire hydrogen supply chain: from production to import, storage and transport of hydrogen.
In the explanatory memorandum to the Act, climate neutrally produced hydrogen is assigned a central role in a future, resilient and climate neutral energy system. This is particularly relevant for sectors in which direct electrification is not possible or is not economically viable, such as the steel industry, parts of the chemical industry and air, shipping and heavy duty transport.
The Act also stands in the context of the challenges in achieving the 2030 Agenda and emphasises its contribution to climate protection, in particular to Sustainable Development Goal 13 (“Climate action”), as well as to national climate targets, above all the goal of greenhouse gas neutrality by 2045 under the Federal Climate Protection Act.
The scope of the Act is deliberately limited to infrastructure. In the legislative process, the Bundesrat called for the scope to be extended to industrial end use installations for hydrogen (BT printed matter 21/3203), but the Bundestag rejected this, arguing that the explicit aim of the Act is to regulate the production and provision of hydrogen.
B. Central provisions
I. Overriding public interest
A key instrument for accelerating procedures is the determination in Section 4 (1) Hydrogen Acceleration Act that the construction and operation of certain hydrogen installations and pipelines are in the overriding public interest and serve public security until greenhouse gas neutrality is achieved in 2045. Moreover, they are accorded priority in the balancing of protected interests.
This priority, which has so far mainly been known from Section 2 of the Renewable Energy Sources Act in favour of renewable energies, has proved practically effective e.g. in tensions between nature and species protection on the one hand and the energy transition (and thus climate protection) and security of supply on the other.
According to Section 4 (2) and (3) Hydrogen Acceleration Act, however, the overriding public interest does not apply in particular where water management interests, such as public water supply or the water balance, would be significantly impaired by water abstraction by hydrogen installations (in the context of electrolysis). Nor does the priority in balancing apply vis à vis interests of national and alliance defence.
II. Acceleration of procedures and digitalisation
Another focus of the Hydrogen Acceleration Act is the digitalisation and streamlining of administrative procedures. For example, according to Section 5 Hydrogen Acceleration Act, the EIA report must be submitted exclusively in electronic form.
In addition, adjustments are made in various sectoral laws:
- In the Federal Immission Control Act (Section 16c BImSchG), it is clarified that permitting procedures for corresponding projects are to be carried out entirely electronically.
- In the Energy Industry Act (Section 43a EnWG), a digitalised hearing procedure with electronic participation is introduced.
- In the Water Resources Act (Section 11c WHG), electronic authorisation and licensing procedures (by corresponding application of Section 11a (4) WHG) are established, with binding decision deadlines for the authority.
However, it should be emphasised that the existing procedural provisions are not fundamentally changed, but are overlaid by supplementary requirements. While this can contribute to acceleration, it also carries the risk of additional complexity for processing by administrative authorities. Any acceleration effect that is actually achieved will depend heavily on the staffing levels and digital equipment of the competent authorities.
III. Public procurement and review procedures
Sections 6 and 7 of the Hydrogen Acceleration Act aim to speed up public procurement and review procedures for hydrogen infrastructure. The existing public procurement law under the Act against Restraints of Competition (GWB) is not replaced but specifically modified and supplemented. In particular, the principles of lot division pursuant to Section 97 (4) GWB are made more flexible and the consequences of ineffectiveness under Section 135 GWB are restricted. At the same time, the review procedures under Sections 155 et seq. GWB are streamlined, for example through simplified decisions based on the file and the elimination of the suspensive effect under section 173 GWB. Overall, this results in a targeted shift in favour of rapid project completion, emphasising the overriding public interest.
IV. Legal remedies and jurisdiction
Pursuant to Section 8 Hydrogen Acceleration Act, objections and actions for annulment against authorisation decisions and against decisions on the early commencement of measures do not have suspensive effect.
Section 9 of the Hydrogen Acceleration Act also concentrates judicial jurisdiction: for certain large scale installations (in particular electrolysers with a capacity of 30 MW or more and storage facilities with a capacity of 25 tonnes or more), the Higher Administrative Courts are competent at first instance. Import installations and their pipelines fall directly within the jurisdiction of the Federal Administrative Court. This eliminates proceedings before the Lower Administrative Courts and is intended to reduce overall procedure times. Section 9 and the concentration of jurisdiction are intended to avoid lengthy chains of instances, enable faster and more uniform decisions and thus accelerate the implementation of key hydrogen projects.
C. Ausblick
The Act is largely assessed positively and viewed as an important step towards accelerating the hydrogen ramp up. At the same time, it should be noted that its actual success does not depend solely on procedural simplifications for infrastructure, but also significantly on industrial demand and on suitable funding and financing instruments.
Moreover, in view of current energy policy developments, it remains to be assessed whether the expansion of hydrogen based energy production will receive the necessary political backing. It will therefore need to be re-assessed what practical impact the Act will have had in a couple of months or years time.
In addition, further substantive legal adjustments may be required, for example in planning and building law. In particular, there is discussion as to whether the existing provisions on privileged projects in greenfield areaa (Section 249a BauGB) are sufficient or whether further facilitation is necessary in order to avoid lengthy planning procedures and actually accelerate expansion.
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