International competition for hydrogen investment is increasingly shifting from policy announcements toward regulatory implementation, certification and access to incentives.
Brazil has taken another step in this direction with Decree No. 13,096/2026, which regulates key elements of the country’s legal framework for low-carbon hydrogen, including the National Low-Carbon Hydrogen Policy, Rehidro and the PHBC development program.
The decree provides greater clarity on production authorization, governance, certification and incentives. However, it does not complete the regulatory framework.
Several operational matters remain dependent on subsequent rules from ANP, the Ministry of Mines and Energy and other competent authorities.
Impact on Brazil
The evolving framework may support investment in:
- renewable and low-carbon hydrogen production
- ammonia and hydrogen derivatives
- electrolyzer projects
- renewable power generation
- port and export infrastructure
- hydrogen transportation and storage
- industrial decarbonization projects
Brazil already has a substantial pipeline of announced hydrogen and derivative projects, supported by its renewable electricity potential and growing interest in international export corridors.
Legal & Regulatory Implications
Investors should continue monitoring:
- production authorization procedures
- qualification for Rehidro incentives
- PHBC implementation
- Brazilian Hydrogen Certification System requirements
- carbon-intensity methodologies
- infrastructure and transportation regulation
- interfaces between ANP, Aneel, Antaq and other authorities
- requirements applicable to natural hydrogen exploration and production
For export-oriented projects, compatibility between Brazilian certification rules and international standards will be particularly important for market access and project bankability.
Photo: Canva
