Brazilian Ministry of Mines and Energy Announces Decree Regulating Low-Carbon Hydrogen

Nov. 13 (agenciagov.ebc.com.br) The Minister of Mines and Energy, Alexandre Silveira, announced that the decree regulating Laws No. 14,948/2024 and No. 14,990/2024, which structure the legal framework for low-carbon hydrogen in Brazil, should be signed next week. The publication consolidates essential guidelines for the development of this new energy frontier, positioning the country at the forefront of the global energy transition. The regulation is another deliverable from the Ministry of Mines and Energy (MME) during COP 30 in Belém, Pará.

For Silveira, the regulation represents a decisive step: “Brazil is moving forward with legal certainty, innovation, and strategic vision. Low-carbon hydrogen will be one of the great levers of our energy transition and sustainable reindustrialization. This decree consolidates the work of the MME in building policies that will transform the country’s energy future,” he stated.

Coordinated by the Ministry of Mines and Energy (MME), through the Management Committee of the National Hydrogen Program (Coges-PNH2), the decree was developed through interministerial collaboration, with the participation of the Ministry of Development, Industry, Trade and Services (MDIC) and the Ministry of Finance, in dialogue with specialists, representatives of the productive sector, researchers, and Brazilian government agencies. The draft underwent technical evaluation by the relevant secretariats of the MME and the Civil House of the Presidency of the Republic. In March 2025, a workshop conducted by the MME presented the regulatory framework and the national strategy for low-carbon hydrogen to the sector.

The decree regulates two central pillars of the national policy: the National Hydrogen Program (PNH2) and the Low-Carbon Hydrogen Development Program (PHBC), in addition to the Special Incentive Regime for the Production of Low-Carbon Hydrogen (Rehidro). The regulatory framework establishes clear rules, legal certainty, and predictability to stimulate investment, innovation, and industrial competitiveness.

Among the anticipated advancements are fundamental technical definitions to guide the certification process for low-emission hydrogen, such as life cycle assessment (LCA) criteria and the methodology for measuring greenhouse gases. The decree also details the operation of the Brazilian Hydrogen Certification System (SBCH₂), establishing emission intensity standards, traceability, and institutional competencies to guarantee the quality and credibility of the national product.

The objective is to boost competitive projects that contribute to emission reduction, job creation, and the expansion of the national hydrogen industry. Sector governance is strengthened by defining the competencies of the responsible bodies, monitoring frequency, oversight mechanisms, and instruments to guarantee the goals and commitments of authorized agents.

Following the publication of the decree, the Ministry of Mines and Energy (MME) will begin the implementation phase of the instruments foreseen in the laws, reinforcing the joint action between the government, the productive sector, and the scientific community to accelerate the new hydrogen economy in Brazil.

Link: https://www.gov.br/mme/pt-br/assuntos/noticias/silveira-anuncia-decreto-que-regulamenta-hidrogenio-de-baixa-emissao-de-carbono

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