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This chapter examines whether the legal and regulatory framework in France for the transport of energy is fit for hydrogen purposes and designed to accommodate that new energy carrier. Specifically, the aim of the analysis is to determine whether the French regulator chose the rules- or goal-setting approach when setting the framework for the transport of hydrogen. From early on, France attributed a prominent role to hydrogen for achieving its energy and climate goals and the decarbonization of its energy system, particularly transport and industry. This is demonstrated by the plethora of pilot power-to-gas projects across continental France, pushing the limits and exploring different synergies between hydrogen, gas and renewable energy sources. French gas infrastructure operators have already carried out extensive work to explore possibilities for integrating a significant amount of hydrogen into the gas mix by 2050, with limited infrastructure adaptation costs, deploying coordinated use of solutions including blending, methanation and even the option of 100 per cent hydrogen. Until recently, the legal and regulatory framework was lagging behind, as essential provisions that could facilitate hydrogen in the French gas transport infrastructure were missing. This, however, changed recently with the adoption of a specific chapter in the French energy code that also includes provisions on the transport of renewable hydrogen in natural gas pipelines and autonomous transport networks. This chapter, based on the analysis of these recent developments, assesses the type of regulatory approach followed by France regarding transport of hydrogen regulation and why this approach changes based on the regulatory subject. The flexibility and adaptability that characterise France’s decision on the regulatory approach to be used each time could prove valuable in other jurisdictions and could, despite some shortcomings, serve as a key tool for the design of reasonable legal frameworks for hydrogen transportation.
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