In Belgium, Flanders has taken its federal government to court over the recently approved federal law on hydrogen. The regional government, led by Energy Minister Zuhal Demir of the New Flemish Alliance (N-VA), argues that hydrogen should fall under regional jurisdiction, setting the stage for a legal battle that could have far-reaching implications for the hydrogen industry in the country.

The hydrogen law in question, which received approval from the House of Representatives in July, aims to establish a regulatory framework for the transport of green hydrogen through pipelines. One of its key provisions is the designation of a single network operator responsible for hydrogen transportation across Belgium.

However, the Flemish Government contends that hydrogen is fundamentally a regional matter and that the federal government should only have jurisdiction over large-scale transport and imports. Minister Demir explained this perspective, saying, “Flanders wants to ensure that future technical advancements in hydrogen are not hindered by federal-level bureaucracy, much like the situation with nuclear energy production. To safeguard our interests, the Flemish government has already passed its own hydrogen decree.”

This decree, approved by the Flemish government, is crafted to align with the jurisdictional boundaries set by the Constitutional Court. It specifically focuses on the distribution of hydrogen, ensuring a seamless supply of hydrogen to customers within the Flemish region. Minister Demir emphasized that Flanders aims to avoid the same pitfalls that the federal government has encountered in its approach to hydrogen regulation.

The legal standoff between Flanders and the federal government underscores the growing significance of hydrogen as a clean energy vector. The global race to harness hydrogen as a sustainable energy carrier has intensified, and many nations are investing heavily in its development and infrastructure. Belgium is no exception, as it seeks to position itself as a hub for green hydrogen production and distribution.

This legal battle is expected to generate considerable debate within the Belgian political landscape, with stakeholders from various regions and industries closely monitoring the outcome. The decision of the Constitutional Court will have a lasting impact on the direction of Belgium’s hydrogen sector, potentially shaping its role in the nation’s transition toward a sustainable energy future.

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