In this legal analysis for Transport & Environment, we consider whether the European Commission overstepped its legal powers under Article 27(3) of the Renewable Energy Directive to develop “a Union methodology setting out detailed rules for the production of RFNBOs” by exempting all electrolysers that become operational before 2027 from the requirement of deploying additional renewables. This analysis looks at whether the scope of the Commission’s delegated authority have been violated.

This analysis concludes that the Commission did overstep the limit of its delegated authority, but the ability for an NGO to gain a legal remedy is very uncertain.