Vláda plánuje vytvořit zákonný rámec pro trh s vodíkem

The Ministry of Industry and Trade (MPO) has introduced a draft comprehensive amendment to the Energy Act (known as Lex Hydrogen), aimed at preparing the Czech energy sector for the emergence of the hydrogen market. The first deliveries of hydrogen through pipeline systems to the territory of the Czech Republic are expected by 2030. The draft is currently in the comment procedure.

The amendment is intended to be the final step in transposing the Directive on common rules for the internal markets for renewable gas, natural gas and hydrogen, passed in 2024. It builds on last year’s Lex OZE III, which introduced modern rules for the development of renewable energy and laid the groundwork for the establishment of a hydrogen transmission system operator and its future membership in the European Network of Network Operators for Hydrogen.

The fundamental principle underlying Lex Hydrogen is the integration of the hydrogen market into the existing gas market regulation framework. The MPO proposes to expand the legal definition of gas to include all types of gas, including hydrogen of a high grade of purity. Generally, the provisions of the Energy Act relating to gas market regulation will apply to the hydrogen market unless otherwise specified for a particular case.

Besides the effort to integrate the regulation, the amendment also introduces strict separation of activities through a licensing system. New, separate licenses for transmission, distribution, and storage of hydrogen of a high grade of purity are introduced. Entities obtaining these licenses are prohibited from handling other types of gas simultaneously; existing gas companies will therefore not be allowed to operate in the hydrogen sector. The amendment thus creates conditions for the emergence and development of specialized hydrogen infrastructure operators focused on specific parts of the supply chain.

Lex Hydrogen also introduces mechanisms enabling the state to support investments in the hydrogen market, primarily through state guarantees or earmarked fees. At the same time, the amendment affects other areas of the Energy Act, for example, abolishing the requirement for MPO approval of acquiring influence over energy strategic entities, changing the method of charging fees for the activities of the Energy Regulatory Office and linking the regulation of extraordinary market situations with EU crisis law mechanisms.

We will continue to closely monitor the legislative development of this amendment and keep you regularly informed of all significant changes.

Authors:

David Hlaváček

Matěj Korger