1. Introduction

Green hydrogen is generally produced by using renewable electricity to split water through electrolysis. However, merely producing hydrogen through an electrolyser does not establish that the hydrogen is genuinely “green.” A legal and regulatory system must establish where the electricity came from, when it was generated, how the hydrogen was produced, what its lifecycle greenhouse-gas emissions are, and whether the same renewable attribute has already been claimed elsewhere.

This is the purpose of green hydrogen certification and Guarantees of Origin (GOs).

Certification converts technical and environmental characteristics of hydrogen into a legally verifiable claim. A GO or origin certificate, by contrast, is an instrument for demonstrating the origin and specified attributes of energy or, increasingly, hydrogen. The distinction is important because a certificate can establish an environmental attribute without necessarily proving that the physical molecules delivered to a consumer came from the particular renewable-energy installation identified in the certificate.

The European Union has developed detailed rules for renewable hydrogen, while India has established a Green Hydrogen Certification Scheme under the National Green Hydrogen Mission (NGHM). (Ministry of New and Renewable Energy)

2. Meaning of Green Hydrogen Certification

Green hydrogen certification is a formal process through which an authorised body verifies that hydrogen satisfies prescribed environmental and production criteria.

Typically, certification examines:

Source of electricity

Renewable-energy attributes

Electrolyser operation

Hydrogen production quantity

Water inputs and associated emissions

Lifecycle greenhouse-gas emissions

Temporal and geographical correlation

Additionality of renewable electricity

Metering and monitoring

Chain of custody

Independent verification

Prevention of double counting

Certification therefore performs a legal function beyond ordinary product labelling.

It creates a system of evidentiary assurance: a purchaser, regulator, government or customs authority can rely upon an independently verified claim that the hydrogen satisfies a defined standard.

3. What is a Guarantee of Origin?

A Guarantee of Origin is an electronic or documentary instrument used to provide evidence concerning the origin or environmental characteristics of energy.

In the European renewable-energy framework, guarantees of origin are particularly important because electricity entering a common grid becomes physically fungible. It is difficult to identify which particular electrons ultimately reach a consumer.

The Court of Justice of the European Union recognised this problem in Ålands Vindkraft AB v Energimyndigheten, Case C-573/12. The Court observed that electricity becomes difficult to distinguish after entering transmission and distribution networks and that guarantees of origin principally provide information about the renewable share or origin attribute rather than proving that particular electricity physically delivered to a consumer came from the renewable generator identified by the certificate. (EUR-Lex)

This principle has considerable relevance to hydrogen.

4. Certification and GO: Difference

Thus, GO is an evidentiary instrument, whereas certification can be a broader conformity-assessment system.

5. Indian Legal Framework

India's National Green Hydrogen Mission specifically envisaged the development of a certification framework for green hydrogen and its derivatives produced from renewable energy. (Ministry of New and Renewable Energy)

The Green Hydrogen Standard for India was introduced as part of this regulatory development. (Ministry of New and Renewable Energy)

In April 2025, MNRE issued the Green Hydrogen Certification Scheme of India (GHCI). The scheme was designed to standardise measurement, monitoring, reporting, verification and certification of green hydrogen. (Ministry of New and Renewable Energy)

The certification architecture involves:

producer registration;

production data;

measurement and monitoring;

verification;

emission-intensity assessment;

certification;

certificate identification;

registry/verification mechanisms.

The Government's digital GHCI platform provides for producer registration, facility verification, certification workflows, accredited carbon verifiers, technical review, product-carbon-footprint validation and certificate verification. (National E-Governance Division)

6. India's 2 kg CO₂e/kg H₂ Threshold

One of the most important elements of India's certification framework is the emissions threshold.

Under the scheme, certification is linked to an average emission intensity of not more than 2 kg CO₂e per kg of hydrogen, subject to the scheme's specified conditions. If a production facility exceeds the threshold on the applicable annual basis, hydrogen from that facility is not certified as green for that year. (S3WaaS)

This is legally significant because it moves the definition of green hydrogen away from simply asking:

“Was renewable electricity used?”

towards the broader question:

“What is the verified lifecycle carbon intensity of the hydrogen?”

This approach recognises that hydrogen production can have emissions associated with electricity, water treatment, auxiliary energy, transportation and other parts of the production chain.

Indeed, MNRE issued additional guidelines in 2026 addressing quantification of greenhouse-gas emissions associated with offsite water withdrawal and treatment for compliance with the certification scheme. (Ministry of New and Renewable Energy)

7. What Information Should a Certificate Contain?

A legally credible certificate should normally contain information such as:

unique certificate identification;

producer;

production facility;

location;

production period;

quantity of hydrogen;

renewable-energy source;

electricity source;

emissions intensity;

methodology used;

verification body;

date of certification;

applicable standard;

registry information.

India's certification framework specifically contemplates a unique identification for each quantity of hydrogen produced, including project details, production year and emission-intensity information. (S3WaaS)

8. Non-Transferability of India's Certificate

An important distinction exists between certification and a freely tradable environmental commodity.

Under India's Green Hydrogen Certification Scheme, the certificate functions as a label guaranteeing the origin and attributes of green hydrogen and is specified as non-transferable and non-tradeable. It is also not itself an emission-reduction credit. (S3WaaS)

This prevents the certification document from automatically becoming equivalent to:

a carbon credit;

a tradable renewable-energy certificate;

an emissions allowance; or

a financial instrument.

Consequently, legal systems must clearly distinguish between verification of a product and tradable environmental attributes.

9. European Union Framework

The EU has developed one of the most sophisticated regulatory frameworks for renewable hydrogen.

Under the Renewable Energy Directive framework, renewable hydrogen can qualify as Renewable Fuels of Non-Biological Origin (RFNBOs) when the applicable conditions are satisfied.

The European Commission's 2023 delegated acts establish rules concerning:

renewable electricity;

additionality;

temporal correlation;

geographical correlation;

lifecycle greenhouse-gas emissions.

The EU framework requires renewable hydrogen to achieve at least the applicable greenhouse-gas savings threshold and applies its methodology to domestic as well as imported renewable hydrogen. (Energy)

10. Additionality

Additionality is one of the most important concepts in renewable-hydrogen law.

The concern is straightforward.

Suppose an electrolyser purchases electricity from the existing grid and claims that its hydrogen is renewable merely because renewable electricity exists somewhere in the electricity system.

That could increase hydrogen production without increasing renewable generation.

Additionality therefore seeks to ensure that hydrogen production is associated with new renewable electricity generation capacity or satisfies the applicable regulatory requirements.

The EU framework requires renewable-hydrogen producers to meet specified additionality conditions, including arrangements involving new and unsupported renewable electricity capacity. (Energy)

11. Temporal Correlation

Temporal correlation asks:

Was renewable electricity available at approximately the same time as the electricity used for hydrogen production?

This becomes increasingly important where hydrogen production operates an electrolyser using variable renewable electricity.

Without temporal correlation, a producer might:

consume electricity from the grid at one time;

purchase renewable certificates representing renewable generation at another time;

then claim the resulting hydrogen is entirely renewable.

Temporal matching seeks to prevent such accounting from producing misleading environmental claims.

12. Geographical Correlation

Geographical correlation concerns the relationship between:

renewable electricity generation;

electricity consumption by the electrolyser; and

the relevant electricity market or network.

The EU framework incorporates geographical correlation requirements to ensure that renewable electricity used for hydrogen production has a sufficiently close regulatory and physical relationship to the hydrogen-production facility. (Energy)

This issue will become particularly important for international hydrogen trade.

For example, if renewable electricity is generated in one country and hydrogen is produced in another country, the legal system must establish whether the renewable attribute can legitimately follow the hydrogen.

13. Lifecycle Carbon Accounting

Certification increasingly depends on lifecycle assessment rather than merely measuring emissions at the electrolyser.

A lifecycle methodology can consider:

Electricity → water → electrolysis → compression → storage → transport → conversion/use

The EU's methodology considers lifecycle emissions associated with renewable hydrogen and related fuels, including relevant upstream and electricity-related emissions. (Energy)

This has major consequences for international trade because two hydrogen products may both be called “green” while having materially different carbon intensities.

14. Independent Verification

Certification is credible only if the information is independently verified.

A typical legal structure involves:

Producer → Monitoring → Accredited verifier → Certification authority → Certificate/registry

The verifier examines evidence such as:

electricity-meter data;

renewable PPAs;

grid records;

electrolyser production records;

hydrogen meters;

water consumption;

emissions calculations;

operational records.

The EU's voluntary certification framework similarly relies upon independent auditing and traceability throughout the production chain. (Energy)

India's GHCI platform also provides for accredited carbon verifiers and technical review. (National E-Governance Division)

15. Prevention of Double Counting

Double counting represents a fundamental legal risk.

Consider a renewable-energy project producing electricity that generates:

a renewable-energy certificate;

a GO;

a green-hydrogen claim; and

potentially a carbon credit.

If the same environmental attribute is used repeatedly, the market could overstate the quantity of renewable or emission-free energy.

Therefore certification systems need rules concerning:

issuance;

cancellation;

retirement;

transfer;

registry controls;

ownership;

expiry;

audit trails.

The basic legal principle is:

One environmental attribute should not be used to substantiate multiple incompatible claims.

16. Guarantees of Origin and Physical Hydrogen

Hydrogen presents a distinctive legal problem.

Unlike electricity, hydrogen can potentially be:

compressed;

stored;

transported through pipelines;

shipped;

converted into ammonia;

converted into methanol;

consumed at a remote industrial facility.

Consequently, the legal system needs to distinguish between:

Physical chain of custody

The actual hydrogen molecules move through a defined supply chain.

Book-and-claim system

Environmental attributes are separately recorded and transferred through certificates or registries.

A robust certification system must specify which model applies.

17. Case Law: Ålands Vindkraft AB v Energimyndigheten

Case C-573/12 — CJEU, 2014

This is one of the most relevant judicial decisions concerning renewable-energy certification.

A Finnish wind-farm operator challenged Sweden's refusal to award Swedish green electricity certificates to electricity produced outside Swedish territory.

The CJEU upheld the possibility of a territorially restricted national renewable-support scheme and considered the relationship between green certificates, renewable-energy policy and EU free-movement rules. (EUR-Lex)

Relevance to hydrogen

The case establishes an important regulatory principle:

Environmental certificates are legal instruments created by regulatory systems; their recognition and use can be subject to specific statutory conditions.

For green hydrogen, this means that a certificate issued in one jurisdiction does not automatically have to receive identical legal treatment in another jurisdiction.

This becomes particularly important for:

hydrogen imports;

cross-border GOs;

renewable PPAs;

hydrogen auctions;

carbon accounting;

recognition of foreign certification schemes.

18. Case Law: Essent Belgium NV v Vlaamse Reguleringsinstantie

Joined Cases C-204/12 to C-208/12 — CJEU, 2014

The Essent Belgium litigation concerned a regional renewable-electricity support scheme involving green certificates and the refusal to recognise certain guarantees of origin originating from other Member States and EEA states.

The dispute therefore directly involved the legal treatment of guarantees of origin and renewable-energy certificates across borders. (EUR-Lex)

Importance for green hydrogen

This case is highly relevant to future hydrogen certification disputes because international hydrogen markets will inevitably raise questions such as:

Must Country A recognise Country B's hydrogen certificate?

Can a national scheme impose domestic certification requirements?

Can imported hydrogen qualify for domestic subsidies?

Must foreign GOs be recognised?

Can domestic production receive preferential treatment?

What evidentiary standards can regulators impose?

The Essent litigation demonstrates that certification is not merely a technical matter. It can intersect with market-access and non-discrimination principles.

19. Lessons from European Renewable-Energy Case Law

The cases concerning renewable electricity establish several principles that are useful when designing hydrogen certification:

1. Certificates have legal consequences

They are not merely marketing documents.

2. Environmental attributes can be separated from physical energy

A GO does not necessarily prove that specific physical electrons travelled from generator to consumer.

3. National regulatory schemes can have territorial dimensions

However, such restrictions can raise questions under broader market-integration principles.

4. Cross-border recognition requires legal architecture

International hydrogen trade therefore requires interoperability between certification systems.

5. Legal certainty is essential

Producers investing billions in hydrogen infrastructure require predictable certification rules.

20. Indian Legal Context

India's framework is developing through the National Green Hydrogen Mission rather than through a single comprehensive “Green Hydrogen Act.”

The Mission seeks to establish India as a global production, use and export hub and expressly identifies certification as an important component of the regulatory architecture. (Ministry of New and Renewable Energy)

The GHCI therefore performs several regulatory functions:

Measurement → Monitoring → Reporting → Verification → Certification → Disclosure

This creates a legal infrastructure for demonstrating that hydrogen satisfies the Indian green-hydrogen standard.

21. Relationship with Carbon Credits

Green hydrogen certification should not automatically be confused with carbon-credit generation.

India's certification scheme expressly distinguishes the certificate from a mitigation outcome and states that the certificate cannot itself be claimed as an emission-reduction credit. (S3WaaS)

This separation is important because otherwise the same reduction could potentially be counted twice:

once as a green-hydrogen attribute and again as a carbon credit.

A well-designed system therefore requires clear rules concerning environmental-attribute ownership.

22. Legal Issues in International Hydrogen Trade

International trade raises several difficult questions.

A. Mutual recognition

Will importing countries recognise India's GHCI certificates?

B. Methodological equivalence

Must foreign certification use exactly the same emissions methodology?

C. Additionality

Can hydrogen qualify as renewable if renewable electricity was generated before the hydrogen project?

D. Temporal matching

What degree of temporal correlation is required?

E. Registry interoperability

Can certificates issued in India be electronically verified in Europe or another market?

F. Double counting

How can regulators ensure that the same renewable attribute is not claimed by both the exporter and importer?

G. Conversion to ammonia

If green hydrogen is converted into green ammonia, how does its renewable attribute follow the ammonia?

These questions will become central to international hydrogen law.

23. Legal Significance of Certification

Green-hydrogen certification performs at least six legal functions:

1. Product qualification

It determines whether hydrogen legally qualifies as “green.”

2. Market access

Certification can determine eligibility for subsidies, procurement programmes and preferential markets.

3. Consumer protection

It prevents misleading environmental claims.

4. Environmental integrity

It reduces greenwashing and double counting.

5. Trade facilitation

Standardised certification makes international transactions easier.

6. Investment certainty

Investors can assess whether the hydrogen they produce will qualify under future regulatory and procurement regimes.

The European Commission itself has identified regulatory certainty as important to renewable-hydrogen investment. (Energy)

24. Major Legal Challenges

A. Fragmentation of standards

Different jurisdictions may adopt different definitions of “green.”

B. Certification costs

Small producers may find auditing and monitoring expensive.

C. Data reliability

Certification depends upon accurate electricity, water and production data.

D. Digital registry security

Electronic certificates must be protected against duplication and manipulation.

E. Cross-border recognition

Different national methodologies may prevent automatic recognition.

F. Regulatory changes

Hydrogen projects have long asset lives, while certification rules may change rapidly.

G. Greenwashing

Weak verification could allow fossil-based or high-carbon hydrogen to be marketed as green.

25. Model Legal Architecture

A comprehensive green-hydrogen certification regime should contain:

Green Hydrogen Standard
↓
Eligibility Criteria
↓
Renewable Electricity Verification
↓
Additionality Rules
↓
Temporal & Geographical Correlation
↓
Lifecycle GHG Calculation
↓
Metering & Monitoring
↓
Independent Verification
↓
Certification Authority
↓
Digital Registry
↓
GO/Environmental Attribute Tracking
↓
Transfer or Retirement
↓
Audit & Enforcement

This architecture creates a complete chain of legal accountability.

26. Conclusion

Green hydrogen certification and Guarantees of Origin are fundamental components of the emerging hydrogen economy. Certification establishes whether hydrogen satisfies defined environmental and production requirements, while GOs and related origin instruments provide a mechanism for documenting renewable or other specified attributes.

India has moved from a policy objective under the National Green Hydrogen Mission toward a structured certification system through the Green Hydrogen Certification Scheme of India, including emissions-intensity requirements, accredited verification and digital certificate verification. (Ministry of New and Renewable Energy)

The EU provides a more developed example through its RFNBO framework, particularly its requirements concerning additionality, temporal correlation, geographical correlation and lifecycle greenhouse-gas emissions. (Energy)

Although there is still limited reported case law dealing specifically with green-hydrogen certificates, the CJEU decisions in Ålands Vindkraft (C-573/12) and Essent Belgium (C-204/12 to C-208/12) provide important precedents concerning renewable-energy certificates, Guarantees of Origin, territorial certification schemes and cross-border recognition. (EUR-Lex)

The central legal challenge for the next phase of hydrogen development will be to create interoperable, verifiable and internationally recognised certification systems that preserve environmental integrity without creating unnecessary barriers to international hydrogen trade.