Belgium aims to position itself as Europe’s hydrogen import hub. Below are the key takeaways for market participants from CREG’s regulatory study on hydrogen terminals, which seeks to align regulatory choices with the needs of diverse business models.
  • #1 Scope of regulation

    CREG considers that ammonia used directly as fuel or feedstock, i.e., not (potentially) converted into hydrogen via cracking, falls outside the envisaged regulatory scope. In 'hybrid' terminals where both uses coexist, capacity must be clearly allocated between regulated and non-regulated activities. By contrast, any terminal through which gaseous hydrogen is injected into the (natural) gas grid will be treated as a hydrogen terminal.

  • #2 Connection options

    Hydrogen terminals, subject to regulated third‑party access, may be connected only to:

    • the HNO‑managed transmission network;
    • a hydrogen transmission network (including geographically confined networks eligible for derogation); or
    • the natural gas system (including both natural gas transmission and distribution grids).

    Connections to hydrogen distribution systems are excluded.

    CREG notes that direct pipeline connections are not ruled out but should be governed by transparent legislation, preferably mirroring natural gas rules, and should be used only where capacity is lacking or no alternative connection exists, pending necessary extension work.

  • #3 Structuring ownership and operations

    CREG highlights that terminal ownership and operations do not need to be integrated. Various setups are possible, including joint ventures that separate offloading, storage, and cracking activities.

    However, the regulatory framework requires the designation of a single hydrogen transmission operator (HTO), with whom terminal users must contract directly and who is responsible for providing third-party access and ensuring regulatory compliance, acting as the interface between the regulator, terminal participants, and the market. HTOs must undergo a formal designation procedure prior to the Open Season process, which focuses on their ability to provide third-party access and ensure transparency.

    Where business models raise uncertainty, CREG expects prior consultation and approval.

  • #4 Negotiated third‑party access (nTPA)

    CREG finds that a nTPA regime best balances flexibility with competition, particularly in a developing European hydrogen market that requires strong investment signals.

    CREG envisages an ex‑post arbitrator role, intervening in case of conflicts (e.g. over negotiated tariffs) rather than imposing extensive ex-ante rules, and encourages market participants to report practical difficulties. While this evolutionary approach allows the emerging framework to adapt to market developments, it represents a first step toward a coherent and competitive framework, to be supplemented by an evolving Code of Conduct that will be developed as market issues arise (the broader market model is currently under consultation).

    Key principles for designing terminal access include:

    • marketing access services as a bundled package (offloading, storage, cracking);
    • allowing non‑regulated activities that do not impair transparent, objective, and non‑discriminatory access;
    • ensuring sufficient daily transparency on the HTO’s website - including services offered, technical access information, contractual and available capacities, and infrastructure flows - without disclosing commercially confidential information; and
    • enabling preferential conditions for first movers, reflecting the risks they assume, concomitant with a two-stage capacity allocation approach (open season before construction, ongoing allocation during operations).

    While access terms may be negotiated, HTOs must be able to justify any contractual differences. In due course, HTOs should implement a default capacity allocation mechanism (subscription, auction, or continuous), designed to maximize usable capacity while preserving system integrity and enabling secondary trading.

  • #5 Exemptions

    In addition to nTPA, CREG’s study outlines several exemptions regimes. Exempted HTOs benefit from greater flexibility in designing their access arrangements, although transparency obligations continue to apply.

    CREG stresses that exemptions require a case‑by‑case assessment, allowing regulatory relief to be tailored while safeguarding overarching legislative principles and policy objectives. An exemption may apply to all or part of the capacity of new infrastructure or of existing infrastructure with considerably increased capacity. Even when granted, exemptions are accompanied by specific conditions regarding duration and non-discriminatory access.

    At the same time, and in response to stakeholder concerns, CREG emphasises that unnecessary regulatory constraints should be avoided in order to allow the nascent hydrogen market to develop in a flexible and investment‑friendly manner.

    To qualify for an exemption, projects must satisfy strict criteria on a case-by-case basis, including:

    • Enhancing competition and security of supply in natural gas and hydrogen
    • Contributing to decarbonization and the EU's climate and energy targets
    • Demonstrating investment risk requiring an exemption
    • Infrastructure ownership separation from network operators
    • User charges being levied
    • No detriment to competition or proper market functioning
    • No EU financial assistance for the same works