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This chapter focuses on the new gas directive and regulation (the Gas Package) from the perspective of the hydrogen ‘revolution’, and the importance allocated to its future role in the ongoing energy transition and in the achievement of the ambitious net zero target by 2050. Particular attention is given to key regulatory concepts and pillars in the new Gas Package, aimed at creating the conditions for a more cost-effective transition and creating an internal market in hydrogen and low carbon gases: these are unbundling, tariff regulation and third-party access. The chapter first describes these concepts as developed by the new measures and questions whether these concepts, which have been effectively transposed from natural gas regulation to hydrogen regulation, are suitable to achieve a cost-effective transition to a decarbonised gas market. In particular, the chapter will examine whether the proposed terminology, although fundamental, is sufficiently clearly and comprehensively defined in the new measures. Second, the chapter questions whether the new Gas Package establishes the necessary stable regulatory framework for incentivising hydrogen investment, by highlighting where the Gas Package could have been more comprehensive but also flexible in its treatment of concepts such as unbundling, on the tariff regime and third-party access provisions. It also queries whether the challenges of regulatory balancing can be adequately dealt with by way of the ‘regulatory holiday regime’ as proposed in the Gas Package.
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