2 Methodology

Methodology

To evaluate the general suitability of the current legal framework for the introduction of a German-Australian hydrogen bridge, it is necessary to outline the existing regulatory framework at international, European, and national level. Therefore, the analysis conducted for this study examines the legal framework that applies to each section of the transport route.

The descriptive presentation of the legal status quo is complemented by an analysis of the applicability of the relevant legal provisions to each of the carrier options. In this way, legal barriers and obstacles that may prevent or impede transport can be identified along each section of the transport route for the four hydrogen transport options. The applicable legal framework for all transport steps also greatly depends on the international classification of the hydrogen carriers as dangerous goods. Therefore, the following legal areas are explored:

• the classification of substances as dangerous goods

• international maritime law

• national law on bunkering and storing in European ports

• national law on inland shipping

• national law on the landside distribution via streets, railroads, and pipelines

The relevant stakeholders at international and European level that were identified in the legal analysis were compiled into a list and prioritised during the research process. The results indicate which stakeholders might be considered in the further development of the legal framework.

The study is structured as follows:

The legal analysis opens with an overview of the relevant provisions concerning the international classification systems for dangerous goods and presents a basic categorisation of the four hydrogen carriers according to this system (chapter 3.1). This serves to increase the comprehensibility of the subsequent examinations of the study: the substance-related legal framework is significantly influenced by classification systems, which are largely harmonised in the multi-level structure of international, European, and national law. Along the entire transport route and across all levels of law, the legal requirements will often refer to and depend on the classification of the carrier substance in question. Due to the limited scope of this study, the equally vast and important field of technical standards is excluded from the discussion.

In order to assess the fundamental suitability of the existing legal framework and identify potential legal barriers, the analysis proceeds in accordance with the prospective transport route. It first examines the applicable regulation for transport by marine vessel from Australia to either the port of Rotterdam or a German port (chapter 3.2) and considers the applicable legal framework for unloading and storage in these ports (chapter 3.3). It then explores different modes of inland transport within Germany, including the transport of the identified substances by road, inland waterway, rail, and pipeline (chapter 3.4). Because hydrogen carriers may be reconverted into hydrogen upon arrival in mainland Europe, the subsection on pipeline transport also covers the transport of gaseous hydrogen. Finally, the study explores the applicable legal framework and legal barriers for cross-sectional use, i.e. the use of the above-mentioned transport options for fuels (3.5).

Each chapter opens with an overview of the potential regulatory barriers associated with specific legal requirements, then outlines these legal requirements in greater detail. The study closes with an overview of the relevant stakeholders (chapter 4), a summary of findings, and summary sheets for each hydrogen carrier (chapter 5).