The European Commission is intensifying its enforcement of hydrogen policy across the bloc, signaling a shift from target setting to implementation. Legal action is being prepared against EU member states that have failed to fully transpose the Renewable Energy Directive III (RED III) into national law. RED III mandates that by 2030, at least 42% of hydrogen used in industry must come from renewable sources, rising to 60% by 2035. It also requires that renewable fuels of non-biological origin (RFNBOs) make up at least 1% of energy consumption in the transport sector.
Speaking at a Hydrogen Europe webinar, Lukasz Kolinski, Head of Green Transition and System Integration at the European Commission’s Directorate-General for Energy, confirmed that infringement proceedings would be initiated against countries missing the 2025 transposition deadline. “We will launch infringement cases against member states that fail to meet the 2024 interim deadline. We are ready to use all available tools,” Kolinski stated.
According to EnergieNews, only one EU member state has fully transposed RED III so far, while ten have made partial progress. Earlier this year, the Commission launched infringement procedures against eight countries — including France, Italy, Spain, and the Netherlands — for missing the 2024 permitting deadline. If unresolved within two months, these cases may be referred to the European Court of Justice.
Kolinski emphasized that the EU would not dilute its RFNBO targets, despite industry concerns. Developers are facing growing uncertainty, as many industrial hydrogen users delay commitments in the absence of clear national regulations. S&P Global hydrogen analyst Matt Hodgkinson echoed these concerns, warning that the lack of regulatory clarity may delay investment and affect pricing expectations for RFNBO hydrogen.
To address market imbalances, the Commission plans to launch a supply-demand matchmaking mechanism in September 2025. Meanwhile, green hydrogen prices are stabilizing. According to Platts, Germany’s green hydrogen production cost stood at €8.13/kg ($9.31/kg) on June 5, significantly lower than the €14.50/kg peak recorded in December 2024.
