The hydrogen ramp-up is crucial for the decarbonisation of industry. The planned German Hydrogen Acceleration Act (WasserstoffBG) is highly relevant here.
The German government sees hydrogen as a key technology in its effort to achieve net greenhouse gas neutrality in 2045. The secure supply of hydrogen to centres of consumption and the import and export of hydrogen require sufficient transport and storage capacities. In this article, we will briefly explain the legislative developments since 2021 before going into the main innovations of the legislative package currently planned with the draft German Hydrogen Acceleration Act ("WasserstoffBG-E") and other hydrogen-related changes.
New approval framework for hydrogen networks
Until 2021, the German Energy Act (EnWG) did not include hydrogen as an energy carrier and did not provide any provisions for pure hydrogen networks. It was therefore an important step on the road to establishing a hydrogen infrastructure that the 2021 amendment to the German Energy Act (EnWG) introduced a planning approval framework for a hydrogen infrastructure for the first time. This amendment included hydrogen as an energy carrier in the German Energy Act (section 1 EnWG) and contained, among other things, regulatory provisions (at present sections 28j–28p EnWG), provisions on the establishment and expansion of hydrogen networks (section 43l EnWG) and a reference to safety requirements (section 113c EnWG).
The construction, operation and modification of hydrogen pipelines with a diameter of more than 300 mm are subject to planning approval (section 43l (2) sentence 1 German Energy Act (EnWG)). The safety requirements of section 49 German Energy Act (EnWG) must be taken into account to guarantee technical safety (section 113c (2) German Energy Act (EnWG)). The previous official permissions for gas supply pipelines continue to apply to hydrogen transport (section 43l (4) sentence 1 German Energy Act (EnWG)). A new planning approval procedure is therefore no longer required to simply convert a gas supply pipeline into a hydrogen pipeline.
Approval of electrolysers
With regard to the production of hydrogen, a formal approval procedure in accordance with section 10 German Emission Control Act (BImSchG) was required as a matter of routine under previous legislation for the construction of an electrolyser.
Since 2024, electrolysers have only been subject to approval in accordance with Annex I no. 6.6 Industrial Emissions Directive 2010/75/EU and the formal approval procedure in accordance with no. 10.26.1 4th German Emission Control Ordinance (4. BImSchV) if the production capacity exceeds 50 tonnes per day. For electrolysers below this threshold but with a rated electrical output greater than 5 MW, the simplified procedure without public participation pursuant to section 19 German Emission Control Act (BImSchG) applies (no. 10.26.2 of the 4th German Emission Control Ordinance (4. BImSchV)).
With regard to the preliminary environmental impact assessment (EIA), small electrolysers with a rated electrical output of up to 5 MW are no longer subject to a preliminary assessment. Since 2024, in accordance with Annex 1 no. 10.8 German Environment Impact Assessment Act (UVPG), medium-sized electrolysers between 5 MW and 50 MW exclusive have also required a site-specific preliminary assessment pursuant to section 7 (2) German Environment Impact Assessment Act (UVPG); for 50 MW or more, a general preliminary assessment pursuant to section 7 (1) sentence 1 German Environment Impact Assessment Act (UVPG) applies.
Hydrogen core network
The hydrogen core network, which has now been approved by the German Federal Network Agency (BNetzA), is to become an essential component of a hydrogen infrastructure. As a first step, the hydrogen core network will connect key hydrogen locations. In the second step, the core network will be transferred to ongoing integrated network development planning for gas and hydrogen. The pipelines of the core network are to be successively put into operation by 2032.
An amendment to the German Energy Act (EnWG), which largely came into effect in late 2023, introduced the current section 28q German Energy Act (EnWG) to regulate a hydrogen core network. The transmission system operators had to file a joint application for approval of a hydrogen core network with the German Federal Network Agency (section 28q (2) sentence 1 German Energy Act (EnWG)). If the requirements of section 28q German Energy Act (EnWG) are met, the German Federal Network Agency (BNetzA) is required to approve the hydrogen core network (section 28q (8) sentence 1 EnWG). The approval of the hydrogen core network means that the projects in question are subject to mandatory regulation irrespective of an assessment of whether they meet demand (section 28j (1) sentence 1 German Energy Act (EnWG)). The application submitted by the transmission system operators to the German Federal Network Agency (BNetzA) on 22 July 2024 for approval of a hydrogen core network was approved by the agency with amendments on 22 October 2024.
Hydrogen Acceleration Act ministerial bill
The planned legislative package, which includes the adoption of a Hydrogen Acceleration Act and other hydrogen-related amendments, is highly relevant for the H2 ramp-up. The ministerial bill published in July 2025 is currently being revised (as of August 2025) before the cabinet decision is made and the parliamentary process begins. Compared to the bill proposed by the "Traffic-Light" Government (former Federal Government from 2021 until 2025) in 2024, the draft German Hydrogen Acceleration Act (WasserstoffBG-E) includes the important change that it treats green and blue hydrogen equally by focusing on "climate-neutrally produced hydrogen".
Simplifying and accelerating the H2 ramp-up
The purpose of the German Hydrogen Acceleration Act (WasserstoffBG) is to simplify and accelerate the development of a hydrogen infrastructure. The aim is to secure the supply of hydrogen on the one hand and ensure greenhouse gas-neutral, safe and environmentally friendly production on the other. The draft German Hydrogen Acceleration Act (WasserstoffBG-E) uses electrolysers for producing hydrogen and plants for importing hydrogen and hydrogen derivatives such as ammonia and methanol as well as for storing and transporting hydrogen above and below ground to address projects along the entire hydrogen supply chain.
Overriding public interest and shorter official deadlines
The construction, operation or modification of a project referred to in section 2 (1) draft German Hydrogen Acceleration Act (WasserstoffBG-E) ("hydrogen project") is in the overriding public interest and benefits public safety in accordance with section 4 (1) draft German Hydrogen Acceleration Act (WasserstoffBG-E). They should be prioritised when considerations of protected interests are made. This does not apply to approval procedures under water law for water abstraction by electrolysers and hydrogen storage systems if the water abstraction could significantly impair the public water supply or water resources. In contrast to the bill proposed by the "Traffic-Light" Government, the overriding public interest also applies to electrolysers regardless of the electricity used.
The draft German Hydrogen Acceleration Act (WasserstoffBG-E) also includes digitalisation specifications and the introduction or shortening of official deadlines for processing application documents. For hydrogen projects subject to an environment impact assessment (EIA), the objection period under section 12 (1) sentence 2 of the 9th German Emission Control Ordinance (9. BImSchV) ends in accordance with section 5 draft German Hydrogen Acceleration Act (WasserstoffBG-E) and the comment period under section 21 (2) German Environment Impact Assessment Act (UVPG) ends in accordance with section 7 German Environment Impact Assessment Act (UVPG) in each case two weeks after the period for the presentation of the documents has expired. In addition, the project developer must submit the environmental impact assessment (EIA) report for hydrogen projects exclusively electronically in accordance with section 16 (9) German Environment Impact Assessment Act (UVPG) (section 6 of the draft German Hydrogen Acceleration Act (WasserstoffBG-E)).
The provisions of the German Hydrogen Acceleration Act (WasserstoffBG) apply to administrative proceedings to obtain approval for a hydrogen project that were started but not completed before the law came into effect (section 11 draft German Hydrogen Acceleration Act (WasserstoffBG-E)).
Changed approval regime in emission control, water and energy law
The legislative package uses emission control law, water law and planning approval procedures in accordance with the German Energy Act (EnWG) to address the approval regimes relevant to hydrogen projects.
The provisions on emission control approval procedures in sections 10 and 23b German Emission Control Act (BImSchG) are to be applied to the approval of a hydrogen project with the provisos that the approval procedure is to be conducted electronically, objections not raised by the affected public will be excluded and a discussion meeting will not take place (section 16c (1) draft German Emission Control Act (BImSchG-E)). There is a public interest in approving early commencement of a hydrogen project within the meaning of section 8a (1) sentence 1 no. 2 German Emission Control Act (BImSchG).
In water law procedures, the use of a single body for hydrogen projects is made possible, the electronic procedure is ordered and a deadline for the official review of the application documents is standardised (section 11c (1) draft German Water Resources Act (WHG-E)). In the case of hydrogen projects, the competent authority decides whether to grant the permit or approval within seven months of confirmation that the application documents are complete (section 11c (2)–(3) draft German Water Resources Act (WHG-E)). Furthermore, section 70b draft German Water Resources Act (WHG-E) contains modifications to the provisions on planning approval/planning permission. There is no discussion meeting and the decision on the planning approval is made within a period of twelve months, the decision on the planning permission is made after seven months from confirmation that the application documents are complete (section 70b (2)–(3) draft German Water Resources Act (WHG-E).
Sections 43a and 43l draft German Energy Act (EnWG-E) provide for modifications to the provisions on planning approval/planning permission and environmental impact assessments. In the consultation procedure, the project developer submits the plan electronically to the consultation authority (section 43a (2) draft German Energy Act (EnWG-E)) and the plan is made available electronically to every authority and every affected public interest representative (section 43a (4) draft German Energy Act (EnWG-E)). No discussion meeting will take place (section 43a (9) draft German Energy Act (EnWG-E)). Furthermore, hydrogen pipelines, including the connecting pipelines of hydrogen production, storage and import facilities – under current law, only connecting pipelines of hydrogen landing terminals are covered – with a diameter of more than 300 millimetres require planning approval (section 43l (2) draft German Energy Act (EnWG-E)). Furthermore, the competent authority only needs to be notified of the conversion of a gas storage facility to a hydrogen storage facility (section 35 (8) draft German Energy Act (EnWG-E)); permission is no longer required.
Innovations in road, mining and administrative procedural law
The planned legislative package also includes changes to road and mining law as well as changes to the jurisdiction of courts of first instance.
In the case of hydrogen production, storage and import facilities, building permits or other necessary permissions on federal trunk roads do not require the approval of the highest state road construction authority or the German Federal Trunk Road Authority (FBA); rather, these authorities must be involved under certain conditions (section 9 (2d) draft German Federal Highway Act (FStrG-E)). Extracting natural hydrogen is to be made easier by defining it as a free mineral resource in section 3 draft German Federal Mining Act (BBergG-E), unlike in the bill proposed by the "Traffic-Light" Government.
The Higher Administrative Court has first-instance jurisdiction in disputes concerning electrolysers with a capacity of at least 30 MW and hydrogen storage facilities with a storage capacity of at least 25 tonnes of hydrogen (section 48 (1) sentence 1 no. 3b draft German Code of Administrative Court Procedure (VwGO-E)) and the Federal Administrative Court has first-instance jurisdiction in disputes concerning facilities for importing hydrogen, ammonia, methanol and liquid organic hydrogen carriers (section 50 (1) no. 6 draft German Code of Administrative Court Procedure(VwGO-E)).
There is still room to further accelerate the hydrogen ramp-up
The Federal Legislator has taken important steps towards a hydrogen ramp-up since 2021. With regard to the hydrogen core network, the German development bank (KfW) made the first payment to the amortisation account in March 2025, which will be forwarded to the hydrogen core network operators. It remains to be seen whether the private sector will make the necessary investments. For electrolysers, tiered procedural allocations have been standardised to suit the problem for the first time. Beyond mere adjustments to the procedural rules and procedural law, as are the current legislative means of acceleration, further changes to the substantive assessment requirements are advisable. It is also worth criticising that the accompanying infrastructure required for hydrogen projects, such as commercial areas or grid connections and the necessary availability of land that can be built on under planning law, has not yet been taken into account in the draft German Hydrogen Acceleration Act (WasserstoffBG-E).
