Waterstof & CSS

The important role that low-carbon hydrogen will play in decarbonising our energy usage is becoming increasingly widely recognised. Its versatility and broad range of applications render it uniquely placed to reduce emissions across the economy, and particularly in areas where electrification – another stalwart application in the emissions reduction arsenal – is not practical.

Hydrogen in the Netherlands

The Netherlands is on the forefront of the development of international hydrogen infrastructure, with the city of Rotterdam being Europe’s largest container seaport, the proximity of the Netherlands to the North Sea offshore wind farms, an international natural gas pipeline network, and depleted natural gas fields and national salt caverns that can be used for hydrogen storage.

The National Climate Agreement, entered into between the Dutch government, industry and other stakeholders in 2019, sets out ambitious targets for hydrogen, with key concepts being upscaling, cost reduction and innovation. This aims to create a domestic market for the production and use of hydrogen. The Dutch government has also set out its national strategy on hydrogen and corresponding policy agenda in its letter dated March 2020. The importance of hydrogen for achieving a decarbonised energy system is clear.

Our hydrogen areas of expertise

CMS has been, and continues to be, deeply involved in the development of energy transition technologies such as hydrogen. Our lawyers combine in-depth expertise in all relevant legal areas with real-world industry knowledge. This allows us to provide targeted advice on all energy law and regulatory issues associated with investment in hydrogen projects and executing such projects.

The CMS Energy and Climate Change practice is exceptionally well placed to advise our clients on the issues they face when considering, investing and developing hydrogen projects. Whatever your role is in this sector, the need to understand the latest risks and legal developments and to navigate the evolving schemes and incentives is key, influencing your ability to maximise your opportunities along the entire hydrogen value-chain. We advise on developing and implementing new business models and on alliances, joint ventures and growth strategies based on mergers and acquisitions. We can provide legal advice on research and development into hydrogen technologies while ensuring that your development work and products are protected by intellectual property rights and your rights in this regard are effectively enforced. Thanks to our long experience of future mobility and e-mobility, we are also able to provide expert assistance with mobility related hydrogen projects.

• CMS Publications on Energy & Climate Change
• CMS Expert Guides on Hydrogen
• CMS Webinars on Hydrogen

Selection of our recent hydrogen experience in the Netherlands

1. Neptune Energy | Advised on its Dutch PosHYdon project, world’s first offshore green hydrogen pilot including on policy and regulatory issues and its commercial strategy for the hydrogen.
2. Galp | Advised on comparative regulatory frameworks, including an analysis of risks and opportunities, for hydrogen and CCUS projects in UK, Netherlands and Norway.
3. Qbuzz | Advised on all legal matters in relation to their hydrogen busses for instances in the contracts with fuel companies and the conversion of natural gas vehicles to hydrogen vehicles. Qbuzz operates the biggest hydrogen public transport bus fleet in the Netherlands.
4. One of the Big Five tech companies (confidential) | Advised on offtake arrangements for a dispatchable green hydrogen project in the Netherlands with a utility player.
5. Holding company (confidential) | Advised on the acquisition of a company holding the IP for innovative hydrogen technology.