Increasingly stringent regulations to reduce pollutant and CO2 emissions from road vehicles have raised enthusiasm for registration and development of hydrogen-powered vehicles in the European Union. With this trend, questions arise how the market entry of hydrogen-powered vehicles is regulated. The current legislative framework in the EU references three regulations which can be applied: Reg. (EC) 79/2009, Reg. (EU) 2021/535 and UN Regulation No 134, whereby Reg. (EC) 79/2009 is repealed in July 2022. This will lead to regulatory gaps since the scope of these regulations is not completely congruent.
The white paper discusses the current status and possible solutions for this issue. As first step, the European Union issued regulation (EU) 2021/535, which also takes material compatibility of the hydrogen system or liquified hydrogen into account. Another solution might be to implement relevant requirements from Reg. (EC) 79/2009 to other remaining regulations. It is also in the interest of manufacturers to address product liability issues not only by fulfilling type approval requirements, but also qualifying their products according to relevant industry norms and standards. This becomes especially relevant if no regulation for type approval is in place.