Hydrogen vehicles: Removing regulatory barriers

On 3 September 2008 the European Parliament voted to support proposals from the European Commission (the “Commission”) for a Regulation to simplify approval of hydrogen powered vehicles within the EU. The objective of the proposals is to implement a single approval standard. It is expected that Member States will vote to adopt the proposals shortly. This measure should reduce uncertainty and costs for manufacturers when launching hydrogen vehicles in the EU and increase public confidence in their safety. The legislative instrument proposed is a Regulation rather than a Directive. This means that once the Regulation becomes law it will apply immediately and directly across the entire EU. It will not require implementation through domestic legislation by Member States.

Present position

The EU whole vehicle type approval (“WVTA”) system applies to passenger cars and motorcycles and requires that these vehicles must comply with all relevant Directives before being placed on the market. Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, otherwise known as the new Framework Directive, entered into force on 29 October 2007. Member States have to implement its provisions by 29 April 2009. However, the new Framework Directive, and other relevant Directives in place, do not include uniform requirements for hydrogen vehicles. As a consequence if a hydrogen vehicle obtains national or single type approval in one Member State there is no guarantee that the registration of the vehicle will be authorised in all other Member States. Moreover there may be different requirements for approval with, perhaps, Member States introducing technical complications and additional costs which potentially could deter the wider production or introduction of hydrogen powered vehicles in the EU.

The aim of the proposal

Action at EU level in implementing common standards for the approval of hydrogen vehicles aims to prevent differing technical standards, ensure consistent specified safety standards and predictability in design requirements and thereby avoid fragmentation leading to unnecessary hurdles and costs. The Commission has recognised the environment benefits in terms of lower emissions of such vehicles given the lack of carbon dioxide emissions from hydrogen in its stage as a fuel in vehicles and a reduction in noise pollution. The Commission is keen to encourage investment and development in hydrogen technology in the EU and improve European competitiveness. It is thought that the harmonised standards may facilitate economies of scale as vehicles may be produced for the bloc which could open up new markets. A study commissioned by the Commission estimated that up to €124m in approval costs may be saved by manufacturers in the period 2017-2025 as a result of the single system.

Key parts of the proposal

The draft Regulation establishes requirements for the type approval of vehicles with regard to hydrogen propulsion, the type approval of hydrogen components and hydrogen systems and the installation of such components and systems. It applies to hydrogen-powered vehicles of categories M and N i.e. motor vehicles designed and constructed for the carriage of passengers up to a maximum weight of 5 tonnes and vehicles designed and constructed for the carriage of goods up to a maximum of 12 tonnes. The requirements cover impact protection and electric safety of the vehicles, hydrogen systems designed for the same categories including new forms of hydrogen storage or usage and specified hydrogen components designed to use liquid and gaseous hydrogen.

Under the proposals manufacturers would be obliged to demonstrate that all new hydrogen powered vehicles sold, registered or put into service within the Community and all hydrogen systems sold or put into service within the Community are type approved in accordance with the Regulation.

General requirements for hydrogen components and systems, including hydrogen containers, are set out in Annexes to the draft Regulation.

The Commission is obliged to lay down the following specified implementing measures:

• administrative provisions for the EU type approval of vehicles with regard to hydrogen propulsion and hydrogen components and systems;
• information to be provided by manufacturers for the purposes of type approval and periodic inspection;
• detailed rules for the test procedures;
• detailed rules for hydrogen components and systems; and
• requirements for the safe and reliable functioning of hydrogen components and systems.

The Commission is also entitled to lay down measures for:

• specific technical requirements;
• new forms of hydrogen storage or usage;
• impact protection of the vehicle;
• integrated system safety requirements;
• electrical isolation and electric safety; and
• other measures necessary for the implementation of the Regulation.

Sanctions for non compliance

Member States are obliged to implement penalties for infringement of the Regulation and notify such penalties to the Commission within 18 months after the Regulation comes into force. The draft Regulation states that the measures must be effective, proportionate and dissuasive. The types of infringement which may incur a penalty include false declarations, falsifying test results, withholding data or technical specifications, refusal too provide access to information and use of defeat devices.

Impact of the Regulation

Once the Regulation becomes law, national authorities must refuse to grant type approval of vehicles or components or systems which do not comply with its requirements. Within 36 months of coming into force certificates of conformity for vehicles, systems or components which are not compliant with the Regulation will no longer be valid and the registration, sale and entry into service of such vehicles or systems and components will be prohibited.

Amendment of the new Framework Directive will be required to include hydrogen vehicles within its scope. In addition there will need to be amendments to tyre approval Directives and Regulations.

Next steps

Now that a consensus for the Regulation has been achieved, focus has inevitably shifted to the infrastructure required for such vehicles and the sources from which the hydrogen is obtained. The European Parliament has noted that hydrogen powered vehicles are unlikely to be successful on the EU market unless adequate filling station infrastructure is available and has recommended that the Commission should explore suitable measures to support the establishment of a Europe-wide filling station network for hydrogen powered vehicles. MEPs favour pure hydrogen produced from renewable energy and in response to the Regulations have stated that use of mixtures of hydrogen and natural gas/biomethane must be a transitional technology only. The only certainty is that further developments should be expected in this area.