Regulatory Gaps in Hydrogen Technology in the Shadow of the Green Transition...

Authors: Hasulyó, Gábor
Title: Regulatory Gaps in Hydrogen Technology in the Shadow of the Green Transition: Complex Legal and Safety-Technical Anomalies in the Establishment of Hydrogen Refuelling Stations
Abstract: The development of hydrogen-based transport and energy storage depends on a coherent regulatory framework adapted to the technology’s specific characteristics. Based on an analysis of the Hungarian regulatory environment, this study argues that hydrogen-related rules remain fragmented, creating administrative burdens and investment uncertainty for market participants. The paper examines taxation, urban planning, occupational safety, and fire protection rules, with particular attention to deficiencies in excise regulation and the safety-technical gaps of the National Hydrogen Strategy. The analysis shows that the lack of defined excise tax rates, the quality assurance shortcomings of NFM Decree 17/2017, and the strict installation restrictions of the National Telecommunications and Infrastructure Framework hinder both investment and the development of residential hydrogen infrastructure. In the absence of detailed domestic rules, market actors and authorities are often forced to rely on international standards, which only partly compensate for regulatory gaps. The study concludes that technological development has outpaced legislation and that targeted legal intervention is needed. It proposes the adoption of an independent hydrogen-specific disaster management guide, the harmonisation of intervention protocols with domestic legal frameworks, and the supplementation of the Technical Guidelines for Fire Protection with explosion-protection requirements. The findings underline that the objectives of the National Hydrogen Strategy cannot be achieved without integrating safety-technical considerations and resolving permitting anomalies affecting green technologies. The article offers a regulatory roadmap for legislators and technical planners seeking to reduce risks arising from the current regulatory hiatus.
Keywords: Hydrogen economy, regulatory gaps, excise taxation, explosion safety, disaster management protocols
Cite as: Hasulyó, G. (2026). Regulatory Gaps in Hydrogen Technology in the Shadow of the Green Transition: Complex Legal and Safety-Technical Anomalies in the Establishment of Hydrogen Refuelling Stations. Studia Juridica et Politica Jaurinensia, 13(1), 39–51. https://doi.org/10.71100/STUDIA.2026.1.3
References:
- Act CXVII of 2010 on the promotion of the use of renewable energy for transport purposes.
- Act CXXXIII of 2009 on the activities of conformity assessment bodies.
- Act LXVIII of 2016 on excise duty.
- Act XCIII of 1993 on occupational safety and health.
- Act XXXI of 1996 on fire protection, technical rescue, and fire brigades.
- Bérczi, L., Szabó, T. & Mattyasovszky, Á. (2024). Hazánk első zöldhidrogén-üzemének üzembe helyezés előtti kihívásai. Tűzvédelem, 31(6), 5–8.
- BM Decree 54/2014. (XII. 5.) on the National Fire Safety Regulations.
- BM Decree 9/2015. (III. 25.) on the training of professional disaster management staff.
- Decree No. 165/2025 (VI. 24.) on the promulgation of Annexes A and B to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and on certain issues relating to its domestic application (ADR).
- Decree No. 54/2014 (XII. 5.) BM on the National Fire Safety Regulations (OTSZ).
- Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery (Machinery Directive).
- Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control (IPPC Directive).
- Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (Industrial Emissions Directive, IED).
- Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (Pressure Equipment Directive, PED).
- EüM Decree 65/1999 (XII. 22.) on the minimum safety and health requirements for the use of personal protective equipment by workers at the workplace.
- European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).
- European Industrial Gases Association. (2021). EIGA Doc 134/21.
- European Industrial Gases Association. (2021). EIGA Doc 15/21.
- Government Decree 219/2011. (X. 20.) on protection against major-accident hazards involving dangerous substances.
- Government Decree 280/2024. (IX. 30.) on the Basic Regulation of Spatial Planning and Building Requirements (TÉKA).
- Government Decree 281/2024. (IX. 30.) on the official procedures for the construction of specific industrial structures.
- Government Decree 31/2014. (II. 12.) on the rules of construction authority procedures for certain specific industrial structures.
- Government Decree 314/2005. (XII. 25.) on environmental impact assessment and integrated environmental permitting.
- Government Decree 314/2012. (XI. 8.) on settlement development concepts, integrated settlement development strategies, settlement planning instruments, and certain specific legal institutions of settlement planning.
- Government Decree 315/2009. (XII. 28.) on the detailed rules for the designation of conformity assessment bodies.
- Government Decree 419/2021 (VII. 15.) on the content, preparation and adoption of settlement plans
- Government Decree 492/2017. (XII. 29.) on the designation of organizations examining fire safety compliance.
- Hungarian Standards Institution. (2011). Safety of machinery: General principles for design: Risk assessment and risk reduction (MSZ EN ISO 12100:2011).
- Hungarian Standards Institution. (2013). Potentially explosive atmospheres: Terms and definitions for equipment and protective systems intended for use in potentially explosive atmospheres (MSZ EN 13237:2013).
- Hungarian Standards Institution. (2015). Corrosion of metals and alloys: Stress corrosion testing: Part 11: Guidelines for testing the resistance of metals and alloys to hydrogen embrittlement and hydrogen-assisted cracking (MSZ EN ISO 7539-11:2015).
- Hungarian Standards Institution. (2019a). Explosive atmospheres: Explosion prevention and protection: Part 1: Basic concepts and methodology (MSZ EN 1127-1:2019).
- Hungarian Standards Institution. (2019b). Safety of machinery: Electrical equipment of machines: Part 1: General requirements (MSZ EN 60204-1:2019).
- Hungarian Standards Institution. (2020). Gaseous hydrogen land vehicle refuelling connection devices (MSZ EN ISO 17268:2020).
- Hungarian Standards Institution. (2022a). Hydrogen fuel: Product specification and quality assurance for hydrogen refuelling points dispensing gaseous hydrogen: Proton exchange membrane fuel cell applications for road vehicles (MSZ EN 17124:2022).
- Hungarian Standards Institution. (2022b). Functional safety: Safety instrumented systems for the process industry sector: Part 0: Functional safety for the process industry and IEC 61511 (MSZ CLC IEC/TR 61511-0:2022).
- Hungarian Standards Institution. (2024). Outdoor hydrogen refuelling points dispensing gaseous hydrogen and incorporating filling protocols (MSZ EN 17127:2024).
- Hungarian Standards Institution. (2025). Hydrogen fuel quality: Product specification (MSZ EN ISO 14687:2025).
- International Organization for Standardization. (2020). Gaseous hydrogen: Fuelling stations: Part 1: General requirements (ISO 19880-1:2020).
- Joint Decree 3/2002. (II. 8.) SzCsM–EüM on the minimum level of safety and health requirements for workplaces.
- Joint Decree 3/2003. (III. 11.) FMM–ESZCSM on the minimum safety and health requirements for work in potentially explosive atmospheres.
- Joint Decree 4/2002. (II. 20.) SzCsM–EüM on the minimum safety and health requirements to be implemented at construction sites.
- Ministry of Innovation and Technology (ITM). (2021). National Clean Development Strategy 2020–2050. https://cdn.kormany.hu/uploads/document/a/a2/a2b/a2b2b7ed5179b17694659 b8f050ba9648e75a0bf.pdf
- Ministry of Innovation and Technology. (2021). National Hydrogen Strategy.
- MüM Decree 5/1993. (XII. 26.) on the implementation of certain provisions of the Occupational Safety Act.
- Nagy, N. & Bencs, P. (2023). Investigation of the use of hydrogen in brake test room measurements. Multidisciplinary Sciences, 13(1), 99–107. https://doi.org/10.35925/ j.multi.2023.1.9
- NFM Decree 17/2017. (V. 26.) on the quality requirements of motor fuels.
- NGM Decree 10/2016. (IV. 5.) on the minimum safety and health requirements for work equipment and its use.
- NGM Decree 35/2014. (XI. 19.) on the technical safety requirements for the operation of certain transportable pressure equipment and on the Gas Cylinder Safety Code.
- NGM Decree 35/2016. (IX. 27.) on the safety requirements for equipment and protective systems intended for use in potentially explosive atmospheres.
- NGM Decree 40/2017. (XII. 4.) on connecting and consumer installations, and on electrical equipment and protective systems intended for use in potentially explosive atmospheres.
- ÖM Decree 22/2009. (VII. 23.) on the rules governing the acquisition of fire protection conformity certificates.
- Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (Personal Protective Equipment Regulation, PPE Regulation).
- Technical Guideline for Fire Protection. (2025). Explosion protection (TvMI 13.5:2025.02.01).
- Zero Carbon Hub. (2021). Hydrogen White Paper. https://zerocarbonhub.hu/wp-content/ uploads/2021/11/Hidrogen_Feher_Konyv_FINAL_2021-03-31.pdf

