By Fatimetou Mint BOUTEBIB, PhD in Law.
Today, we are witnessing a radical transition towards renewable energies worldwide, where green hydrogen is one of the most promising solutions contributing to environmental sustainability and carbon emissions reduction. It is in this context that Mauritania has taken the lead in Africa by enacting its Green Hydrogen Code, which aims to regulate the sector, attract investments, and ensure sustainable development based on clean energy sources.
Green hydrogen is a key pillar of Mauritania’s strategy to achieve an inclusive and sustainable energy transition, as it is produced from renewable sources, making it an environmentally friendly option that contributes to energy security, in addition to its vital role in achieving sustainable development goals (SDGs).
In this regard, Mauritania aims to position itself as a leading regional center for clean energy, leveraging its rich natural resources to produce green hydrogen in a sustainable and responsible manner. Indeed, this country has immense potential that makes it an ideal environment for green hydrogen production. With its vast area and the availability of renewable energy sources throughout the year, including continuous sunlight, strong winds, and abundant water, the country has a competitive advantage to become a leader in the global renewable energy sector.
The Mauritanian government aims to start producing green hydrogen by 2030, which will place Mauritania among the leading countries in this field, both regionally and internationally. In addition to its huge potential in natural gas, Mauritania has significant resources in green hydrogen, positioning the country as a leader in the future energy market. It is estimated that the cost of hydrogen production in the country could be less than 2 dollars per kilogram by 2030, increasing the attractiveness of investments and opening the door to international partnerships in this promising sector.
In this communication, we will examine the Green Hydrogen Code, published last October by Mauritania, as a legislative framework that can effectively contribute to the promotion of green investments in Africa. We will then review the opportunities offered by the Code as well as the challenges its implementation may face on the ground.
Main provisions of the code
First: The legal and regulatory framework of the Mauritanian Green Hydrogen Code
The Code consists of ten chapters and 111 articles that address various aspects of green hydrogen production and operation. The most important chapters are as follows:
– Title I: Preliminary provisions, which include definitions, objectives, and the scope of the Code, as well as institutional provisions.
– Title II: Activities related to the development and operation of green hydrogen, specifying the terms of agreements and related procedures.
– Title III: Activities for electricity production from green hydrogen.
– Title IV: Deals with the granting of licenses for green hydrogen operation, including the conditions for granting and the duration of their validity.
– Title V: Covers the subject of origin guarantees and traceability.
– Title VI: Deals with the management of land rights related to lands used in green hydrogen projects.
– Title VII: Concerns the fiscal and customs regime, including provisions related to taxes and customs duties.
– Title VIII: Addresses the exchange regime and investment protection.
– Title IX: Defines administrative control, offenses, and sanctions.
– Title X: Covers transitional and final provisions.
The code revolves around the following elements:
– License allocation and regulation: It defines the conditions for granting licenses for green hydrogen projects.
– Investment incentives: Granting tax and customs benefits to investors.
– Environmental standards: Imposes environmental obligations to ensure sustainability.
– Protection of workers’ rights: Establishes workplace safety and health standards in the sector.
Second: Objectives of the Code
The Code aims to:
– Establish a clear legal framework to regulate the green hydrogen sector in Mauritania.
– Create an attractive environment for investment by offering legal and tax incentives.
– Ensure sustainable development through strict environmental standards.
– Promote international partnerships through agreements with countries and international organizations.
– Encourage African countries to adopt similar legal frameworks.
Third: Opportunities offered by the Code to promote green investments in Africa
– Attract foreign investments: The code provides a stable and attractive legal environment for international investments in green hydrogen.
– Achieve sustainable development: The code contributes to promoting a green economy, creating new employment opportunities, and reducing dependence on traditional energies.
– Strengthen international partnerships: Through agreements with the European Union and international organizations to support the energy transition.
Fourth: Challenges related to the implementation of the code
– Legal and administrative challenges: The need to develop institutions capable of effectively implementing the code.
– Economic and financial challenges: The need for international partnerships to ensure the necessary financing.
– Technical and infrastructural challenges: The need to develop infrastructure for the transport and storage of green hydrogen.
Conclusion and recommendations
The Mauritanian Green Hydrogen Code represents an innovative legislative framework that can contribute to the promotion of green investments and sustainable development in Africa. By overcoming legal, economic, and technical challenges, Mauritania can become a leading regional center for green hydrogen production, thus strengthening its position in the global renewable energy market.
We recommend:
– Strengthening African cooperation to develop harmonized legal frameworks.
– Encouraging partnerships with international financial institutions to support project implementation.
– Developing education and training in the field of renewable energies to qualify specialized human resources.
Bio express of Fatimetou Mint Boutibib
Holder of a PhD in Public Law and Political Science from Hassan 1st University of Settat (Morocco), Fatimetou Mint Boutibib is an Assistant Professor at the University of Nouakchott. Her research focuses on recourse for excess of power, protection of rights and freedoms, as well as legal mechanisms for green investment. She has also participated in various regional forums and seminars on decentralization, women’s empowerment, and energy transition in Africa.
