The Ministry of Energy and Mines (MINEM) published the Draft Supreme Decree that approves the Regulations of Law No. 31992, Law for the Promotion of Green Hydrogen , through Ministerial Resolution No. 314-2025-MINEM/DM.
This is a regulatory advance that seeks to establish a comprehensive technical and regulatory framework to promote the development of this technology in the country, with the opening of a participatory process of fifteen calendar days to receive input from citizens, public and private entities.
The regulation, consisting of four titles, 32 articles, five final supplementary provisions and four transitional provisions, regulates all activities associated with the green hydrogen value chain: production, storage, transformation, conditioning, transport, distribution, marketing, export and use.
It establishes technical definitions such as green ammonia, blending, nodes, certification of origin and synthetic fuel, in addition to classifying projects by scale: mini those less than 0.15 MW, small from 0.15 to 10 MW, medium from 15 to 100 MW and large scale greater than 100 MW.
Each project category has different requirements for its authorization, including technical studies, environmental certifications, safety measures, and integration planning reports.
The Ministry of Energy and Mines will act as the competent authority for issuing permits, while other agencies such as the Ministry of the Environment, the Ministry of Economy and Finance, the Ministry of Production, and Osinergmin will have complementary responsibilities. A Permanent Multisectoral Working Commission is also being created to monitor the regulatory and technical development of the sector.
The regulation states that green hydrogen must have the Origin certification issued by an organization accredited by INACAL within the framework of the green hydrogen certification procedure approved by MINEM through Ministerial Resolution, without prejudice to the current international certification schemes.
In addition, research and development includes pilot projects focused on production technologies, electrolysis efficiency, cost reduction, and optimization of green hydrogen applications.
The Peruvian Hydrogen Association (H2 Peru) had been actively promoting the approval of this regulation as a key condition to enable the deployment of projects.
In that context, Daniel Camac , president of the entity, stated: " A clear and efficient regulatory framework is necessary, one that allows for the conceptualization of projects, streamlines the process of obtaining permits and licenses, and provides precise rules for their implementation and development ."
He added that fiscal and regulatory incentives are also needed to attract investment, stimulate demand for hydrogen and its derivatives, and ensure the viability and competitiveness of the hub .
He also stressed that there must be "regulatory harmonization between different levels of government and sectors, which avoids regulatory barriers, ensures consistency in requirements and facilitates the integration of the hub with national and international markets.
The publication of the regulations comes after a technical development process led by the Ministry of Energy and Mines (MINEM), although the legal deadline for their approval, set for September 2024, had already passed. H2 Perú indicated at the time that this delay could have implications for the country's competitiveness in the region .
" Each week of delay puts Peru at risk of losing competitiveness in the regional race for hydrogen ," Camac remarked two months ago in a dialogue with Energía Estratégica.
" Potentially, each month of delay pushes Peru further down the radar of these investors, increasing the risk that capital and technology will flow to those neighboring markets ," he warned.
At the same time, the country maintains competitive advantages at the regional level.
According to Edmundo Farge Inga , CEO of Batech Energy , the current production costs of green hydrogen in Peru are between 3 and 5 dollars per kilogram , significantly lower figures compared to the 8 to 11 euros/kg recorded in Europe and the United States.
This positions the country as an attractive player for investments, provided that predictability and regulatory consistency are guaranteed.
The publication of the regulation, although still in the consultation phase, represents a relevant technical step to align the national strategy with international standards in the sector.
Its effective implementation will open opportunities for industrial development, positioning Peru in export markets and the transition to a cleaner energy matrix.