On Thursday (23 October), the Delegated Act (DA) on low-carbon hydrogen passed the Parliament Plenary, accompanied by assurances from energy Commissioner Dan Jørgensen.

These included confirmation of grandfathering provisions, meaning projects coming online early will not face stricter rules in the near term, a commitment to technological neutrality, and a new methodology to allow nuclear and renewable power purchase agreements to be used for hydrogen production.

The Commission adopted the rules in July.  They require producers to deliver hydrogen with at least 70% fewer emissions than fossil fuels to be designated as low-carbon.

The DA lays out a methodology for accounting full lifecycle emissions from hydrogen production pathways like methane pyrolysis, methane reforming with carbon capture, and non-renewable powered electrolysis.

A key sticking point in the DA was the use of nuclear electricity, with the Commission set to assess the impact of allowing nuclear power in production by 1 July 2028.

While the Commission will review the role of nuclear power by mid-2028, Jørgensen confirmed that a new methodology to better integrate nuclear and other low-carbon electricity will be ready by the end of 2026.

Lobby group Hydrogen Europe welcomed the shift as a sign the Commission is “balancing climate integrity with industrial competitiveness,” adding that it will help formalise the assurances.

Having now passed Parliament, the DA will head to the Council, where if no opposition emerges by 8 November, it will enter force.

The DA’s approval marks a long-awaited development for Europe’s hydrogen sector, which has so far prioritised green hydrogen – something industry groups argue has constrained early scale-up amid high costs and strict criteria.