Integration of biomethane: Expert opinion on the implementation of the EU Gas Directive in the German Energy Industry Act
A legal opinion published in January concludes that the current approach to implementing the EU Gas Market Directive (EU Gas Directive) into German law meets European requirements, but that there is room for improvement in several areas. The study was commissioned by BIOGEEN, a member of the Biomethane Task Force, among others, which means that industry perspectives were specifically incorporated into the assessment.
The EU Gas Directive creates the overarching framework for the decarbonisation of the natural gas and hydrogen markets. The focus is on regulatory decisions regarding network access, market organisation and infrastructure development – factors that are strategically relevant for the ramp-up of biomethane. For Germany, the EU Gas Directive creates an obligation to amend the Energy Industry Act (EnWG) – the central legal basis for grid-bound energy – in such a way that European legal requirements are effectively implemented and legal uncertainties and potential risks of damages are avoided.
The analysis concludes that there are risks of additional complexity, particularly in the design of non-discriminatory network access regulations and in transparency and standardisation requirements. Inconsistent procedures could delay investment decisions and slow down the integration of renewable gases into existing structures. Accordingly, a clear regulatory framework is of central importance.
Against this backdrop, the report emphasises that issues relating to the allocation of costs for grid connections and adjustments play a key role. Without reliable mechanisms, economic barriers could arise that would place a particular burden on smaller market players. Governance aspects relating to data access and market communication are also considered relevant, as they directly influence the market integration of new gases.
The detailed regulatory design remains a decisive lever for scaling and market penetration. At the same time, open issues in the legislative process offer important opportunities for practical perspectives and dialogue with political decision-makers.
