The Future of Energy - Summer 2023

Brought to you by the international Energy & Utilities Sector Group at Bird & Bird

In Focus - Hydrogen

International Green Hydrogen Report 2023

Hydrogen is integral to the energy transition and its uses are starting to gain momentum in a variety of sectors, especially those where emissions are hard to abate such as heavy goods vehicles, mining, rail and aviation.

The 2023 edition of our report covers the latest updates across the globe, including key jurisdictions across Europe, Asia-Pacific, Africa and The Americas, highlighting key funding and suport schemes, and exciting projects happening across the space.

This year, we are pleased to include new chapters for Denmark, Morocco, Sweden, India, Argentina, Chile and The United States.

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New EU legislation sets out what is counted as “green” hydrogen in the EU

It is finally official - the European Commission delegated act for methodology under which hydrogen, hydrogen-based fuels or other energy carriers can be considered renewable (Renewable Fuels of Non-Biological Origin, RFNBOs) enters into force on 10 July 2023.

The long-awaited legislation is binding in its entirety and directly applicable in all member states and applies to import as well, providing operators and investors in the field regulatory certainty.

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Green Hydrogen in Mining

Clive Hopewell, Sibylle Weiler and Amy Donlevey recently collaborated with The Global Mining Review on an article discussing the use of green hydrogen in mining.

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Updates from our International Network

United Kingdom

Energy as a Service - are you at ease with EaaS?

As energy consuming organisations race to hit their net zero targets, increase their energy and broader resource efficiency / intensity / productivity, or look for ways of providing cleaner onsite or near-site energy generation, the commercial models for delivery energy has evolved. Corporate PPAs (both physical and synthetic) are a key example of this.

For more information please contact Michael Rudd.

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Directors’ duties in the spotlight after attempt by shareholders to force Shell Directors to comply with climate change obligations dismissed by English High Court

The recent attempt by ClientEarth, as shareholder of energy giant Shell Plc, to force Shell’s directors to comply with the Paris Agreement has been given short shrift by the English High Court (ClientEarth v Shell plc & Ors [2023] EWHC 1137 (Ch)). Although the claim is not dead in the water, the judgment provides an interesting look at director’s duties under the Companies Act 2006 (the “Act”) and what shareholders need to prove to the court in this context.

For more information please contact Jonathan Speed or Louise Lanzkron.

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Singapore

The Future of Energy: Global regulatory macro trends

Constant and relentless change in the energy sector heightens the need for greater consistency and control. More so than ever, energy regulators have to really step up to actively support and shape the energy transition. In this article we summarise some of the key energy regulatory macro trends that are having the biggest (hopefully positive) impact on the energy transition.

For more information please contact Sandra Seah or Jonathan Kao.

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The renewables landscape in Singapore in Q1 2023

The key motivation for Singapore has always been to ensure that the nation has a reliable and secure energy supply and to constantly promote effective market competition.

Singapore is continuing to facilitate the deployment of solar photovoltaic (PV) systems on all available fronts, and the government has consistently led the way with laudable efforts to aggregate demand for solar PV across all government agencies.

For more information please contact Sandra Seah, Jonathan Kao or Chelsea Chan.

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Hungary

Baltic LNG and gas update

The Baltic LNG and Gas Forum took place in Klaipéda, Lithuania on 7-8 June 2023 with a program packed with presentations and discussions about the energy independence of the Baltic region, market developments, trading and pricing of natural gas and LNG as well as energy transition and decarbonization. I had the privilege of speaking in a panel on the first day and chairing the second day of the conference and here below would like to share my experience and take-aways – if I may, from a strictly subjective point of view.

For more information please contact Dániel Aranyi.

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Germany

New enforcement guide by the Federal Ministry for Economic Affairs and Climate Action (BMWK) on the implementation of the so-called EU Emergency Regulation

New legislative projects often suffer from legal uncertainties preventing their effective implementation, especially in the period shortly after they come into force. Terminological ambiguities, a lack of case law and the absence of scientific voices on the law can cause addressees to hesitate before adjusting their investment behaviour based on a new law. It is then up to the state to provide clarity for companies in order to ensure effective implementation of legislative projects and allowing them and bring the intended benefits. The BMWK has now done this with regard to the new section 6 WindBG by publishing (the draft of) an enforcement guide.

For more information please contact Dr. Hermann Rothfuchs or Lars Kyrberg.

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The Netherlands

The Netherlands again sets ambitious requirements for offshore wind tender

The Minister of Economic Affairs and Climate has issued further information on the new tender for the offshore wind park IJmuiden Ver (IJver). Plots Alpha and Beta (both around 2 GW) are the first to be tendered. The tender processes are seen as very innovative and set an example for the rest of Europe of how to integrate qualitative requirements in the tender ensuring the best outcome both for the wind park as well as the environment. For this tender, the Minister is aiming to include conditions re amongst others circularity, international CSR (ICSR), under water noise and ecology.

For more information please contact Sophie Dingenen or Sander Wagemakers.

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Belgium

A regulatory framework for the transport of hydrogen through pipelines is under-way in Belgium

A major bill is currently under discussion in the Belgian Federal Parliament (specifically in the House of Representatives) and intends to fundamentally change the rules applicable to the transport of hydrogen through pipelines in Belgium.

For more information please contact Kevin Munungu Lungungu.

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