ABH2 takes a position on the provision of MP 1.307 and defends legal certainty for the hydrogen sector
- REDAÇÃO H2RADAR
- 6 days ago
- 1 min read
The Brazilian Hydrogen Association (ABH2) issued an official statement criticizing the inclusion of Section VI of §1 in Article 3 of Law No. 11,508/2007, as provided for in Provisional Measure No. 1,307/2025, which requires companies located in Export Processing Zones (EPZs) to use electricity exclusively from new renewable energy plants. While recognizing the importance of promoting clean sources, the association warns that the measure creates legal uncertainty, limits investment predictability, and disregards Brazil's predominantly renewable energy matrix.
The sector advocates for technological neutrality and diversification of low-carbon hydrogen production routes.
According to ABH2, low-carbon hydrogen is strategic for the energy transition, the decarbonization of hard-to-abate sectors, and the reindustrialization of the country. Currently, only 1% of global production meets low-emission standards, while Brazil's electricity mix is renewable, with significant potential to generate low-emission hydrogen without relying exclusively on new plants. The association emphasizes that the technological neutrality provided for in the Hydrogen Law and the National Hydrogen Program allows for several competitive and innovative routes, such as biomass, pyrolysis, electrolysis, and modular nuclear SMRs.
ABH2 argues that mandatory use of new renewable sources in EPZs could create regulatory barriers, reduce the efficiency of the use of existing surplus electricity, and weaken existing contracts. Therefore, the organization advocates for the elimination of this provision, ensuring legal certainty, regulatory predictability, and the attraction of long-term investments, consolidating Brazil as a leader in the production and use of low-carbon hydrogen.
