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European Industrial Gases Association AISBL

EIGA

The European Industrial Gases Association represents producers and distributors of industrial, medical and food gases, focusing on safety, environmental protection and climate action.

Lobbying Activity

Meeting with Heiko Kunst (Head of Unit Climate Action)

5 Jan 2026 · Product benchmark update – hydrogen

Industrial Gas Association Seeks Lower Costs and Better PPA Access

9 Oct 2025
Topic — The EU Electrification Action Plan aims to transition energy demand toward electricity.
Message — EIGA seeks a level-playing field for outsourcing gas services and improved accessibility to Power Purchase Agreements. They also advocate for lower network charges to ensure affordable energy for their sector.123
Why — These measures would significantly reduce the operational expenses for this energy-intensive industry.4
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EIGA urges simpler rules for medical gas devices

30 Sept 2025
Topic — The initiative evaluates EU medical device rules to ensure safety and improve competitiveness.
Message — EIGA requests uniform classification for medical devices to ensure regulatory consistency across Europe. They also advocate for lowering risk classifications for well-established gas distribution systems.12
Why — This would lower disproportionately high certification costs and minimize the operational impact on companies.34
Impact — Notified Bodies would lose revenue by performing fewer audits on medical gas suppliers.5
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Industrial gas association seeks fair carbon rules for hydrogen

25 Sept 2025
Topic — Integrating carbon border taxes with the phase-out of free emission allowances.
Message — The organization calls for regulatory adjustments to ensure outsourced hydrogen production receives the same free allowances as insourced production. This aims to maintain a level playing field between different business models in the refining and chemical sectors.12
Why — This adjustment prevents a projected 1.5 billion EUR loss for the industrial gas sector.3
Impact — Self-producing refineries lose their relative tax advantage over competitors that outsource hydrogen production.4
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Industrial gas group seeks fair competition for outsourced hydrogen

25 Sept 2025
Topic — The initiative sets the methodology for calculating embedded carbon emissions during the CBAM definitive period.
Message — EIGA requests that outsourced hydrogen receives the same free allowances as insourced production. They also propose global default energy values and strict verification for importers' emissions data.123
Why — This change would prevent a projected 1.6 billion euro loss for the industrial gas sector.45
Impact — Exporters from developing nations face higher compliance costs from mandatory third-party audits and strict verification.67
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Industrial gas group seeks unbundled transport and storage

11 Sept 2025
Topic — New EU legislative framework for developing CO2 transportation infrastructure and competitive carbon markets.
Message — EIGA requests non-discriminatory storage access and unbundling transport from storage operations. They also suggest avoiding over-regulation of private industrial hubs to maintain flexibility.123
Why — Cheaper onshore storage closer to emission sources would significantly lower their operational costs.4
Impact — Existing storage operators lose their competitive advantage through mandatory data sharing and unbundling.5
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Industrial gas association urges expansion of EU carbon aid

5 Sept 2025
Topic — The European Commission is updating technical guidelines for ETS indirect cost compensation.
Message — EIGA requests that the entire industrial gases sector becomes eligible for aid. This would include air gases like oxygen to ensure equal treatment.12
Why — This would reduce operational costs and help maintain industrial competitiveness.3
Impact — Captive producers lose their relative cost advantage over specialized gas companies.4
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Industrial gas producers urge EU to fix hydrogen CBAM distortion

26 Aug 2025
Topic — EU initiative extending the carbon border adjustment mechanism to cover more downstream products.
Message — EIGA seeks equal carbon permit treatment for both on-site and externally supplied hydrogen. They also want more hydrogen derivatives taxed to stop unfair import advantages.12
Why — This would prevent a massive competitiveness loss for the industrial gas sector.34
Impact — Foreign exporters of hydrogen derivatives would lose their current cost advantage over EU producers.56
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EIGA calls for fair grid costs and protected CO2 markets

5 Aug 2025
Topic — This consultation concerns upgrading and expanding Europe's electricity, hydrogen, and CO2 infrastructure.
Message — EIGA insists that network users bear infrastructure costs and that tariffs remain competitive. They argue public funding for CO2 projects must require permanent storage to avoid market distortion. Finally, power generators should pay for grid upgrades to encourage efficient plant placement.123
Why — This protects their market position by preventing the sale of subsidized merchant CO2.4
Impact — Electricity generators would face higher costs to cover the required grid infrastructure upgrades.5
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Meeting with Astrid Van Mierlo (Head of Unit Taxation and Customs Union)

10 Jul 2025 · CBAM provision for hydrogen

Meeting with Heiko Kunst (Head of Unit Climate Action)

10 Jul 2025 · Exchange of views on the application of EU ETS free allocation and CBAM for hydrogen

Industrial gas group urges fair carbon rules for hydrogen

8 Jul 2025
Topic — Revision of the European Union emissions trading system and market stability reserve.
Message — The association urges the Commission to restore a level playing field for hydrogen. They want outsourced gas to receive the same free allowances as self-produced hydrogen.12
Why — This proposal would prevent a projected 1.6 billion euro loss in competitiveness.3
Impact — The European Union budget loses over 1.6 billion euros in revenue.4
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Meeting with Pietro Moretto (Head of Unit Joint Research Centre)

19 Jun 2025 · Hydrogen Safety

Response to Uniform rules on good manufacturing practice for veterinary medicinal products and active substances

17 Feb 2025

EIGA believe that there is no need to include in the proposed Annex to the regulation a full copy of the GMP Annex 6, but instead it is more effective to only refer in this Annex to the regulation, to the existing regulation on GMP Annex 6 Medicinal Gases. Indeed, by referring to an existing regulation, - Legislators and Inspectors only have to manage & update 1 set of applicable regulation on GMP. - Manufacturers have to adhere to only 1 set of GMP rules of higher level, i.e. for human use, without duplication and as such also avoiding complexity. - Manufacturers of medicinal gases for human use, supply these medicinal gases produced to GMP Annex 6, also for veterinary use.
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Meeting with Brigitte Van Den Berg (Member of the European Parliament, Shadow rapporteur)

17 Feb 2025 · Industrial gasses and decarbonisation

EIGA urges flexible sourcing and data for low-carbon fuels

25 Oct 2024
Topic — Commission rules defining the lifecycle greenhouse gas emission savings methodology for low-carbon fuels.
Message — EIGA requests reporting project-specific upstream emission values based on actual data. They advocate for electricity sourcing via PPAs without additionality requirements. The association seeks clarification for outsourced industrial gas supplies in pipelines.123
Why — The proposed incentives would help producers secure necessary investments for large-scale low-carbon projects.4
Impact — Strict renewable advocates lose when nuclear assets are exempt from additionality requirements.5
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Meeting with András Gyürk (Member of the European Parliament)

9 Sept 2024 · Overview of the state of the EU state of play on industrial gases

EIGA urges EU to recognize non-EU carbon storage solutions

29 Jul 2024
Topic — This initiative updates the rules for the monitoring and reporting of greenhouse gas emissions.
Message — EIGA requests that transport and storage of CO2 outside the EU be eligible for ETS exemptions. They advocate for removing barriers to diverse transport solutions and clarifying liability for capture emissions.123
Why — This flexibility would reduce compliance costs by allowing access to more affordable storage sites.4
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Industrial gas group EIGA seeks storage credits for water neutralization

16 Jul 2024
Topic — Rules determining when captured carbon counts as permanently stored under the EU ETS.
Message — The association proposes including the use of captured carbon for water neutralization as a form of permanent storage. They argue dissolved carbonates in water streams retain carbon for centuries and should be recognized in the regulation.12
Why — Classifying water neutralization as storage would exempt member companies from paying for carbon allowances.3
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Industrial gas group seeks clearer hydrogen benchmark rules

22 Dec 2023
Topic — The European Commission is revising rules for free greenhouse gas emission allowances.
Message — EIGA wants clearer hydrogen benchmark definitions and requests that secondary hydrogen production remains eligible for free allowances. They also urge for stronger confidentiality protections for sensitive company data in climate plans.123
Why — Broadening eligibility for free allowances would reduce compliance costs for industrial gas producers.45
Impact — Pure electrolytic hydrogen producers may face more competition from subsidized secondary hydrogen production sources.6
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EIGA warns new label rules threaten gas cylinder safety

29 Mar 2023
Topic — EU consultation on revising the classification, labelling, and packaging of chemical substances.
Message — EIGA requests the removal of minimum font size and line spacing requirements from the proposal. They argue these rules make it impossible to use shoulder labels, which are essential for identifying gases when cylinders are grouped together.12
Why — This allows the industry to maintain current practices while avoiding high redesign and printing costs.3
Impact — Safety inspectors lose access to critical data if larger labels obscure stamped cylinder information.4
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Meeting with Peter Liese (Member of the European Parliament, Rapporteur) and European Environmental Bureau and

14 Oct 2022 · ETS

Meeting with Jerzy Buzek (Member of the European Parliament, Rapporteur) and EPIA SolarPower Europe and

2 Jun 2022 · Meeting on gas and hydrogen regulation

Response to Revision of EU rules on Gas

11 Apr 2022

see annexed file for EIGA's feedback
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Meeting with Anne Funch Jensen (Cabinet of Executive Vice-President Margrethe Vestager)

18 Nov 2021 · Draft State aid Guidelines on Climate, environmental protection and Energy

Response to Electronic instructions for use for medical devices

17 May 2021

EIGA is a non-profit European Association representing the majority of medicinal gases and medical device gases manufacturers. Medical device gases, such as carbon dioxide and liquid nitrogen, are delivered in container closure systems such as high pressure gas cylinders and vacuum insulated cryogenic vessels, used only by healthcare professionals in hospitals and clinics. The companies that supply these products also supply medicinal gases such as Oxygen, to the same professional users. In this case instruction for use (patient information leaflets) are allowed to be provided electronically, as defined in the joint EMA–HMA–EC collaboration document: “Electronic product information for human medicines in the EU: key principles” (https://www.ema.europa.eu/en/documents/regulatory-procedural-guideline/electronic-product-information-human-medicines-european-union-key-principles_en.pdf) By following the key principles in this joint collaboration document, would obviate the need of a separate risk assessment as requested in the Article 4. We believe it would be beneficial that a consistent approach is adopted for both medical device gas and medicinal gas products, to avoid confusion of healthcare professionals as to where instructions for use are available.
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Response to Evaluation and revision of the general pharmaceutical legislation

26 Apr 2021

EIGA supports this public consultation and like to provide following feedback for consideration on two aspects: Inefficiency and administrative burden of regulatory procedures Our medical gases industry have, during the COVID19 proposed regulatory flexibilities (see attached BN25 and on www.eiga.eu). Most EU Member States have adopted them in full. The medical gases industry have no issues in providing, also during the COVID19 pandemic, the medical oxygen molecule, however, a lack of packages, medical manufacturing staff, Qualified Persons and unnecessary limitations on manufacturing and distribution (also across borders) were and are limiting factors contributing to potentially putting the patients and healthcare facilities at risks. We believe that some of these regulatory flexibilities should be transformed into permanent regulations, which we propose during a revision of GMP Annex 6, the EMA Guidelines on medicinal gases (CPMP/QWP/1719/00) and in the next public consultation on the proposal for a regulation Vulnerability of supply of medicines, quality, environmental challenges and sustainability The medical gases industry is complying to all applicable regulations and even have their own industry standards (www.eiga.eu) This includes Manufacturing License, Marketing Authorisation, GMPs and Monographs. However, we believe that there is currently not an equal level of legislative regulation for on-site manufacturing machines producing medical oxygen at healthcare facilities.
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Response to Revision of EU rules on Gas

10 Mar 2021

The European Industrial Gases Association, EIGA, is pleased to share its views on the Inception Impact Assessment on the reform of Europe’s gas markets. We especially welcome the European Commission’s objective of strengthening the market for hydrogen and other low carbon gases, governed by sound principles which ensure fair competition between market operators. As its members are both producers of hydrogen and operators of hydrogen infrastructure, EIGA appreciates the challenges specific to the sector. We underline the need for a flexible, and responsive regulatory approach to hydrogen infrastructure, based on clearly defined principles. We would further like to bring to your attention important principles outlined by the Agency for the Cooperation of Energy Regulators (ACER) and the Council of European Energy Regulators (CEER) in a recent White Paper* on the regulation of hydrogen networks, which should be taken into account in the context of Europe’s gas markets. From EIGA’s point of view, the following principles should be particularly highlighted: Regulatory principles and predictability: When planning investments, industry needs to understand the foundational principles which define when and how regulators will intervene in the development of hydrogen markets. Clarity in this area will ensure that EU Industry maximises the value of investments, while supporting the growth of hydrogen markets aligned with EU objectives. Non-discrimination: Markets should be open to hydrogen of differing “colours” and sources: “blue” and “green”; domestically produced and imported. Gradual approach: How exactly the hydrogen market will develop is, at this point, difficult to forecast. As the only true operators of hydrogen networks in Europe at the moment, EIGA member companies understand that the transition to a larger and more liquid market will not be straightforward. Regulation should follow the trends of the market, intervening where necessary but not impeding progress. Dynamic Regulation: Following from the above principle, National Regulatory Authorities (NRAs) are in many ways best placed to monitor the progress of hydrogen markets and intervene where needed. Empowering NRAs with a flexible approach following clearly defined principles is the most effective way to balance the need for an open and competitive market, while allowing intervention where necessary. Special provisions: Hydrogen networks in existence today generally function as business to business networks, enabling EIGA members to supply the individual demands of their industrial consumers in a competitive environment. As highlighted by ACER and CEER, these require a different regulatory approach comparable to the ones already in place for direct lines and closed distribution networks in the current Gas and Electricity Directives in order to avoid roadblocks to existing and future industrial clusters. Market players: A dynamic and innovative private sector is crucial for the development of Europe’s hydrogen economy. To the greatest extent possible, the ownership and operation of power-to-gas installations should be left to market players, and continued application of unbundling principles is essential. Thus, TSOs should largely be limited in their intervention, unless a significant market failure is proven. As experts on the development of hydrogen infrastructure, EIGA members hope to share more perspectives over the coming months. We hope this first intervention is valuable and look forward to further engagement on this topic. * https://www.acer.europa.eu/Official_documents/Position_Papers/Position%20papers/ACER_CEER_WhitePaper_on_the_regulation_of_hydrogen_networks_2020-02-09_FINAL.pdf
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Meeting with Katherine Power (Cabinet of Commissioner Mairead Mcguinness)

17 Feb 2021 · Taxonomy draft delegated act

Response to Climate change mitigation and adaptation taxonomy

17 Dec 2020

please find EIGA's feedback, on the Delegated Act for a Sustainable Taxonomy, annexed
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Response to Revision of the Energy and Environmental Aid Guidelines (EEAG)

10 Dec 2020

Please find EIGA's feedback on the Inception Impact Assessment on the Environmental and Energy State Aid Guidelines annexed.
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Response to Updating the EU Emissions Trading System

24 Nov 2020

please see annexed one-pager for EIGA's feedback on the Inception Impact Assessment on the Emission Trading System
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Response to Revision of the Renewable Energy Directive (EU) 2018/2001

21 Sept 2020

The European Industrial Gases Association, EIGA, is pleased to share its views on the Inception Impact Assessment on the Renewable Energy Directive (RED). The revision of RED offers the opportunity not only to support a more ambitious GHG reductions target for 2030, but also to increase the pace of transition to an integrated, efficient and sustainable energy system. As market leaders in hydrogen production and suppliers to synthetic fuels including recycled carbon fuels, we take particular note of the intention to consider the need for a systematised set of definitions around renewable/green hydrogen and advanced fuels with a variety of production pathways. EIGA members are firm supporters of the potential for ‘green’ hydrogen produced through renewable electricity and are operating a number of pilot projects as we move to commercialise the technology. In addition to their commitment to reduce emissions through innovative production technologies such as electrolysis and methane pyrolysis, EIGA members continue to pursue reductions on fossil-based processes through efficient utilisation of waste heat, the use of a range of renewable inputs (biomass/biogas) and carbon capture, utilisation and storage. With this approach, we can make progress while maintaining a secure, sustainable supply of hydrogen to our industrial and mobility customers. The rapid advancement of hydrogen technologies has undoubtedly raised the need for firmer definitions around GHG savings and sustainability criteria, consolidated in guarantee-of-origin and certification systems that are consistent and recognised across all Member States. EIGA would welcome the clarity that this would deliver, understanding the need for governments and customers to have transparency on the sustainability of critical inputs. However, in order to encourage growth in the use of renewable and low-carbon hydrogen, flexibility should be maintained where transparency and rigour can be assured e.g. on “mass balancing” approaches as laid out in Art. 30 of Directive 2018/2002. Further, we would stress that criteria for classifying hydrogen should not discriminate unfairly between different feedstocks, production processes and sources. To stimulate the supply of climate-neutral hydrogen, RED and other relevant legislative measures should encourage all forms of climate-neutral hydrogen equally. It is also important for the successful uptake of hydrogen (or energy carriers based on hydrogen) that no extra restrictions for users be imposed on the origin of that hydrogen than are required of renewable electricity. A clear, transparent and proportionate set of criteria can increase the pace of development of Europe’s hydrogen agenda by building trust and confidence in consumers, both domestic and industrial. We look forward to contributing further to this important discussion further as the dossier is carried forward.
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Response to A EU hydrogen strategy

5 Jun 2020

EIGA response to the Hydrogen Strategy roadmap The European Industrial Gases Association welcomes the EU’s commitment to Europe’s hydrogen economy and is encouraged to see the European Commission developing a dedicated hydrogen strategy. The Industrial Gases (IG) sector has been fundamental to the deployment of hydrogen in industrial applications for decades, and is committed to supporting the development of new, low-carbon supplies of this crucial product. The hydrogen strategy is an opportunity to increase this pace, strengthening an open, competitive and advanced hydrogen market in Europe. The only European hydrogen market that exists today is one created and developed by the Industrial Gases Sector, in a competitive way and without any state intervention. This growing market is approaching 1 million tonnes per year, representing around 10% of the hydrogen produced in Europe annually, the balance being self-produced by end-users. The IG sector embraces the EU 2050 objectives and will work closely with policymakers and our customers as we drive to meet this ambitious target. Our products, especially hydrogen, have enormous potential to reduce emissions across the economy in both consumer and industrial applications. This is of course a complex transition, which in our sector can broadly be addressed under two pillars: 1) reducing the emissions associated with the production of hydrogen, and; 2) using hydrogen effectively in other sectors to reduce emissions. Hydrogen already plays a key role in many industrial processes, often supplied by the IG sector. As underlined by the Commission, the production of scalable climate-neutral hydrogen is critical for the decarbonisation of industrial sectors and the broader economy. Both blue and green hydrogen have a role to play in bringing this about; Europe has the potential to provide significant volumes of low-carbon blue hydrogen quickly, meeting industrial demands and fuelling a new wave of industrial technologies. In the longer term, green hydrogen will play an increasing role, as renewable energy becomes more abundant and electrolyser technologies advance. The IG sector has the skills to balance these concerns, innovating for decarbonisation while delivering for our customers With this trajectory in mind, EIGA calls on the Commission to put forward a regulatory and market framework which: 1) allows the private sector to continue to compete and to invest in green and low-carbon solutions without putting long-term commercial contracts at risk and without impairing existing assets. 2) justifies new infrastructure in a market-driven approach and in a cost-effective way 3) Develops the internal energy market in line with the principles of the Third Energy Package, preventing distortion that may be caused by cross-subsidies and regulatory intervention 4) secures a technology-neutral and cost-efficient pathway to the hydrogen economy, supporting the move to low-carbon production in traditional industrial markets (steel, refineries, chemicals) and in emerging markets (circular economy, mobility, heating), whilst ensuring a level playing field between renewable and low-carbon hydrogen (CCS/CCU) 5) harmonizes definitions around low-carbon hydrogen (e.g. green/blue hydrogen, guarantees of origin, additionality) 6) provides the necessary funding mechanisms and state aid (e.g. contract for difference) needed to finance the transition towards a sustainable integrated low-carbon energy market.
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Response to Strategy for smart sector integration

5 Jun 2020

EIGA welcomes the opportunity to respond to the call for input on the EU Strategy for Smart Sector Integration. In annex, EIGA's feedback is provided to each of the guidance questions.
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Response to Climate change mitigation and adaptation taxonomy

20 Apr 2020

The European Industrial Gases Association (EIGA) supports the objectives of the EU Sustainable Finance Action Plan to orient capital flows towards sustainable investment and “net-zero” activities. The Industrial Gases sector and its associated outsourcing business model are essential enablers of the clean energy transition. Its products, Oxygen, Nitrogen and Hydrogen, lying in NACE 20.11, are already fundamental to many manufacturing processes in order to improve safety, energy efficiency and to reduce CO2 and other industrial emissions. In this context, EIGA provided a feedback on the first draft of the Technical Expert Group (TEG) Report on September 2019. EIGA now welcomes the improvements made in the final TEG Technical Annex, specifically with the revision of Hydrogen thresholds (in line with “current best market practices to certify green hydrogen”, like the EU CertifHy project) aiming to ensure equal treatment between climate-mitigating technologies such as “blue” and “green” hydrogen and to promote low carbon emission production processes. However, the final Technical Annex, as drafted, does not provide a solution to the risk of market distortion because of: - potential differentiation between in- and outsourced industrial gases for some specific activities; - omission from the taxonomy of oxygen and nitrogen, key inputs to innovative climate-mitigating processes. [...] A core paragraph could not be inserted due to the limited number of characters allowed : please see annexed file for complete EIGA feedback. [...] EIGA therefore recommends the Commission consider recognising the industrial gas sector (including Oxygen, Nitrogen and Hydrogen) in the taxonomy – with appropriately set thresholds - due to: - the substantial contribution that industrial gases are making towards climate change mitigation and decarbonisation of key manufacturing sectors; - the competitive distortion which would otherwise exist between in- and outsourced industrial gases production arising from the implicit inclusion of in-sourced industrial gases in other manufacturing sectors, for example, steel and chemicals.
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Response to 2030 Climate Target Plan

15 Apr 2020

[please see attached .pdf for formatted feedback] EIGA supports Europe’s climate ambitions. The Green Deal recognizes that energy-intensive industries such as industrial gases are - as solution providers to multiple value chains - indispensable for Europe’s transition. Achieving Europe’s ambitions means going through a deep transformation within as few as two investment cycles. The industrial gases sector will play its part as an important element of the transition to a climate neutral and circular economy. By procuring renewable electricity, air separation units - for the production of oxygen and nitrogen - are in principle straightforward to make climate-neutral. However, to do so requires that sufficient reliable and affordable renewable electricity be available to industry; unfortunately this is not currently the case so more renewable energy will have to become available to achieve the EU 2030 Climate Target. The industrial gases sector will then be able to increase the share of renewable electricity in its energy mix and make the adaptations necessary in the design of air separation units to meet the changed features of electricity markets. Disruptive technologies for low-carbon production of hydrogen already exist. The production of renewable hydrogen is technically feasible, however limited again by the availability of reliable and affordable renewable electricity and by low demonstrated production capacities. “Blue” hydrogen – fossil-based hydrogen with CCS – is already technically demonstrated at scale and, with the appropriate support, is ready for roll-out. Both technology paths will help the EU to achieve its 2030 Climate Target. The impact assessment should also take into account different sectors’ ability to achieve significant GHG emission reductions during the period up to 2030, including the various investment steps - from innovation to implementation – that will inevitably result in non-linear impacts on emissions. Further, the industrial gases sector has long investment cycles, so investments that will impact its emissions profile in 2030 may have been taken already. Tightening the EU 2030 Climate Target can facilitate a smoother trajectory towards 2050. However, this major endeavor will not happen without a significant increase in production costs; policymakers should remain aware of the need to protect energy-intensive industries from carbon leakage. Finally, policies should be crafted to avoid intersectoral market distortions e.g. inequality for outsourced production of industrial gases, which is broadly recognized for the environmental & economic benefits it provides.
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Response to Carbon Border Adjustment Mechanism

30 Mar 2020

The European Industrial Gases Association, EIGA, is pleased to share its views on the Inception Impact Assessment on the Carbon Border Adjustment Mechanism (CBAM). The Green Deal mentions the need to reduce the risk of carbon leakage should differences in the level of ambition of various regions of the World persist. EIGA fully supports the general idea of protecting EU industry from external imports not subjected to the same environmental standards. However, when implementing such a CBAM any action should be avoided that creates an uneven playing field in the industrial value chain. This applies in particular to market distortions by which insourced production of industrial gases by EIGA’s customer becomes more financially attractive than outsourced production by EIGA’s members which has been proven to be more energy and environmentally efficient. Industrial gases - predominantly air gases (such as oxygen, nitrogen, etc.) and hydrogen - play an essential role in energy-intensive industries such as metals, refineries and chemicals. In developed markets, insourced and outsourced production of these gases compete strongly with each other but – with investments aimed at achieving the highest levels of safety, industrial efficiency, environmental care and at providing low-carbon solutions – industrial gases companies have for many years demonstrated their competitiveness with their customers’ insourced production option. It has been industrial gases companies that have been a driving force in the development of new and environmentally beneficial applications of their products. The lack of a level playing field between outsourced and insourced production of these gases would cancel all the benefits of the outsourcing model and introduce an unacceptable market distortion, to the detriment of companies and industrial value chains that have outsourced their industrial gases requirements as well as to the environmental and energy efficiency objectives of the EU.
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Response to Revision of the Energy Tax Directive

30 Mar 2020

The European Industrial Gases Association, EIGA, is pleased to share its views on the Inception Impact Assessment on the Energy Taxation Directive (ETD)*. Taxation is universally acknowledged as a key tool to move to a more sustainable and carbon neutral economy, and this Directive is an essential part of that. As it has been made clear by the evaluation of the current legislation, the ETD is no longer consistent with the climate and energy objectives of the EU. Since adoption in 2003, the EU’s ambition has significantly increased, and our energy system is rapidly changing to meet new goals. With this in mind, new legislation is now needed to support this ambition and EIGA would like to underline a number of considerations. Like any fiscal measure, the ETD review should treat differently business use and non-business use and must avoid creating market distortions and regulation overlap. The 2003 Directive contains a number of exemptions, including for energy-intensive businesses, for energy products other than heating fuels, and for electricity used in industrial processes when it accounts for more than 50% of the cost of a product. This is crucial, as industrial emissions incurred through energy usage are addressed under the framework of the Emissions Trading System. It is important that this distinction is maintained in order to prevent overlap. Legislative overlap could weaken the market-based approach essential for industries to reduce emissions through efficient, cost-effective means. Another key point is the addition of new fuels, in particular hydrogen, to the scope of the Directive. EIGA welcomes an approach which more closely links taxation to the carbon content of fuels. Such a principle should be applied evenly across all fuels covered by the legislation, without making distinctions between fuels on the basis of production process. Specifically, there should be no distinction in minimum taxation levels between low carbon hydrogen produced by either electrolysis or steam methane reforming of natural gas in combination with carbon capture and storage. The review of the Energy Taxation Directive is an opportunity to incentivise consumer choices towards low-carbon energy products. In its proposal, the European Commission should support an ambitious approach which at the same time recognises the existing emissions reductions framework for industrial actors. * Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity
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Response to Amendment of REACH Annex II (Safety Data Sheets)

8 Oct 2019

The European Industrial Gases Association, EIGA, is a safety and technically oriented organisation representing the vast majority of European and a number of non-European companies producing and distributing industrial, medical and food gases. EIGA is an International Non-Profit Organisation (AISBL). The member companies closely co-operate in safety and technical matters concerning production, transport, storage and application to achieve the highest level of safety and environmental care in the handling of gases. EIGA also initiates the development of appropriate standards and provides standardisation bodies with technological expertise. EIGA members market a substantial number of products (gas mixtures) which are made on customer demand. For each gas mixture an individual SDS is created simultaneously to the production period of a few weeks. For this reason EIGA members must issue SDS acc. to the new Annex from 1 January 2020. The transition period as of Article (2) concerning safety data sheets provided to a recipient before 1 January 2020 is not helpful in this context. As we assume that the final regulation will be published only shortly before this date there will not be sufficient time to align the IT systems that are used to create the SDS to the new requirements. This creates an disproportionate burden on the EIGA member companies. Assuming that the regulation is published before 31.12.2019 a transition period of 12 months would solve this issue. Original text for Article (3) This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2020. Proposed change for Article (3) This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021.
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Response to European Partnership for Clean Hydrogen

27 Aug 2019

The European Industrial Gases Association, EIGA, fully supports the proposal for a Council Regulation of an institutionalised European Partnership based on Article 187 TFEU (option 2). Hydrogen, classified under the statistical Prodcom code 20.11.11.50 which falls under the NACE code 20.11 ‘industrial gases’ is a key product as a low-carbon energy carrier. Additionally, hydrogen as well as air gases (such as oxygen, nitrogen, etc.) play an important role for industries (such as metals, refineries and chemicals) towards improved energy and resource efficiency as well as reduced emissions. In developed markets, insourced and outsourced production of these gases compete strongly with each other. However, it is the outsourcing business model offered by the industrial gas companies, that has always been the driving force in the development of new industrial gases applications, with investments aimed at achieving the highest levels of safety, industrial efficiency, environmental care and at providing low carbon solutions for industry. In the energy arena hydrogen has long been an unavoidable input to the production of cleaner (e.g. low-sulphur) fuels which have contributed to the EU goal of improved air quality . Its role continues to develop as an energy vector in its own right, with the ultimate goal of decarbonising the supply chain ”. With the increasing use of such hydrogen in the mobility sector - whether directly in fuel cells vehicles or indirectly in synthetic fuels – the coupling of the energy sector and the mobility sector becomes possible. There will be further opportunities for “blue” and “green” hydrogen to support “greening” the economy when they come to substitute for natural gas in heating applications, including in the domestic market. In the short-to-medium term, emissions may be reduced by the use of hydrocarbon feedstock from renewable sources (e.g. biomethane) and/or by CCUS. Hydrogen production is well placed for CCUS as it represents a large point source of CO2 and one where a substantial part of the emissions can be made available at relatively high concentration. The cost and liability challenges to this “blue hydrogen” - i.e. hydrogen produced with CCUS - are well known; however, industrial gases companies have the technology and operating capabilities to participate as these challenges are progressively met. Therefore we propose that the European Partnership will focus its work on the clear and transparent definition of various terminologies “clean”, “green”, which should have a unified meaning for the production of low carbon. EIGA supports a technology-neutral definition of ‘clean’ or ‘green’ hydrogen based on total lifetime greenhouse gas emissions. With EIGA member companies expertise in the production and marketing of hydrogen we are willing to further contribute to the future set up of the European Partnership.
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Response to Amending Regulation (EC) No 1272/2008 relating to emergency health response

17 Aug 2019

EIGA has over 140 members in 27 countries of the EU and represents over 90% of producers of industrial and medical gases who are based in the European Union. EIGA welcomes the changes and clarifications in the draft delegated regulation amending Annex VIII and its corresponding Annex. EIGA reiterates the need for addressing the workability issues identified in the study conducted by Wood. EIGA expresses the expectation that the period gained by the one-year postponement for the entry into force will be utilised to develop and adopt suitable solutions as identified in the workability study.
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Response to Revision of the ETS State aid Guidelines

16 Jan 2019

EIGA welcomes the opportunity provided by the public consultation on the Inception Impact Assessment on the revision of the Guidelines on State Aid for Phase IV of the EU ETS. EIGA believes that the ETS State Guidelines are a necessary regulatory instrument complementing the ETS phase IV Directive to safeguard the competitiveness of the European Industry. In this context, EIGA believes that in consideration of state aid, there are two underlying principles that should be recognised: (i) Compensation should serve to safeguard electricity-intensive sectors and the value chains in which they lie from the risk of carbon leakage, particularly given the drive to electrification of industrial processes; and (ii) Compensation should further safeguard the efficiency and competitiveness of European Industry value chains by securing a level playing field between outsourced production and insourced production. Regarding the aid, the eligibility should be based on the list of sectors exposed to carbon leakage in EU ETS phase 4 and the criteria should be consistent with those set in the Guidelines on State aid for Environmental protection and Energy (EEAG 2014/C 200/01). The degree of compensation to eligible sectors should quantitatively reflect the perceived extent of exposure, provided that the underlying principles above are adhered to. Finally, the updated rules should pay particular attention to the increasing electro-intensity of some industrial sectors (electrification of the industrial processes and use of clean gases as Hydrogen) which will be significantly driven by the EU’s long-term decarbonisation strategy, just released by the European Commission to deliver the objectives of the Paris Agreement.
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Response to Carbon Leakage List 2021 - 2030

7 Nov 2017

Carbon leakage list must ensure competitiveness and avoid damaging market distortions: For the Industrial gases sector and its end-user industries, it is of critical importance that hydrogen and syngas sub-sector (Prodcom) be included in the carbon leakage list. Any other outcome would reduce the international competitiveness of the chemical and refining industry, cause the loss of the economic and environmental benefits of the outsourcing model to the European value chain and, finally, hinder the introduction of new low carbon process and mobility based on hydrogen. Currently available texts for the revised EU Emissions Trading Directive indicate that it can be safely assumed that the final list of carbon-leakage-exposed activities, when determined at the end of 2019, will predominantly refer to sectors (NACE 4). However, it should be recognized that sub sectoral activities (Prodcom) must also be considered for inclusion where such subsectors are able to demonstrate that their risk of carbon leakage is significantly higher than for the entire relevant sector (see Impact Assessment, page 173, footnote 229 and page 175, footnote 232). Therefore, the quality and the reliability of assessment methods are essential to ensure correct outcomes. Whether assessments for carbon leakage exposure are undertaken on a quantitative or a qualitative basis, there is a need for robust data on production, trade, GVA and emissions (direct and indirect). For quantitative assessment, reliable data are clearly required to determine the outcome of that assessment. In the case of qualitative assessments, additional data may be required to determine eligibility for assessment. For the Industrial gases sector, some Eurostat figures are unavailable at Prodcom or NACE 4 or both. Therefore, the European Industrial Gases Association (EIGA) calls for the Commission’s particular attention to the unavailability of Eurostat data for electricity consumption at a sufficiently disaggregated level to permit accurate determination of indirect emissions, even at a sectoral (NACE 4) level. Where Eurostat data is missing or incomplete it is important that alternatively sourced data will be accepted for quantitative assessment. In the case of hydrogen (identified only at Prodcom), synthesis gas, aromatics and refinery products, the Commission’s text for the Directive correctly indicated that these production activities form parts of complex value chains. This point remains clearly accepted in all currently available texts of the Directive, which call consistently for equal treatment in terms specifically of benchmark adjustments for these activities (see recital 8 and Article 10a (b) (ii)). EIGA has urged that this principle of equality of treatment be further reflected in criteria for inclusion in the carbon leakage list. Any failure to achieve such an equality between sectors would represent a potential risk to the economically and environmentally beneficial outsourcing model. Avoidance of such inequality requires that integration of value chains be taken into account in qualitative assessments, noting that sectors and subsectors can be subject to indirect international competition even although they do not themselves significantly import or export.
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Meeting with Jos Delbeke (Director-General Climate Action)

20 Feb 2017 · EU ETS Review