Pravoprimenenie (Mar 2022)
The latest trends of the European regulation of hydrogen energy in the context of ensuring Russian interests
Abstract
The subject of research is the dynamic change in the regulatory and legal framework of the EU and its Member States in the field of energy, in particular, concerning the regulation of hydrogen projects.The purpose of the study is to propose a response from the Russian side to the measures taken by Europe.Methodology. The research methods include both theoretical (analysis, synthesis, deduction, induction, analogy) and special legal methods of cognition (formal legal and comparative legal).The main results and the scope of the study. The European Union initiated a comprehensive development of the energy sector within the framework of the European Green Deal: the emphasis on certain sectors is no longer placed. At the same time, there is a growing interest in hydrogen projects, which are facing the problem of absence of large-scale regulation and the difficulty of resolving financing issues. In contrast to neighboring countries, the German experience in hydrogen regulation has proved to be successful and closest to Russian interests. New energy (primarily hydrogen) markets in the EU are awaiting supranational regulation. Germany’s technical readiness has allowed it to quickly form the rules of the game in the emerging hydrogen network market, which should suit the Russian side in terms of tariffs and access. The EU is effectively adopting new documents and acts aimed at greater integration of various energy sectors within the Union and “discarding” traditional energy and its actors. The rapid development of the law reduces the chances of successful implementation of projects with the participation of non-EU member states.Conclusions. In the near future, in particular, on the eve of the emergence of hydrogen regulation at the EU level, Russia should reconsider the approaches to organizing the national energy policy and pay more attention to integration development. The opposite will entail economic losses and deprive the Russian side of competitive advantages and leverage. The study of the material can affect the improvement of energy legislation and business processes with the participation of third countries (for example, Russia), as well as their companies, interacting with the EU: for example, “Gazprom” Group is already considering various options for realizing hydrogen projects in Europe. Moreover, the EU experience can be useful for unlocking the energy potential of the Eurasian Economic Union. Separately, countries should consider the quantitative criterion and the phenomenon of 27 EU “heads” (by the number of member states), comprehensively improving energy orders at various levels, despite sometimes arising internal contradictions.
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