Argentina: the hydrogen law is still pending — from a 2006 provision to a 2023 government bill

Argentina, despite its high wind energy potential in Patagonia, had no comprehensive law on the promotion of low-carbon hydrogen as of August 2025. Fundar's report from that month calls on Congress to pass a support regime, and earlier attempts – from the 2021 bill to the 2023 government bill – did not result in new legislation being adopted.

The 2006 provision

Law 26.123 on hydrogen promotion of 2006 declared the development of hydrogen technologies, production, use and applications a matter of national interest but, as Fundar reports, no implementing regulations were ever issued for it. According to the law firm Pérez Alati, Grondona, Benites & Arntsen, its 15-year period of validity ended in 2021 without any benefits having been granted. Investors therefore could not rely on it when planning projects.

Bills of 2019–2023

Fundar notes that a new bill promoting hydrogen was submitted in 2019 (1769-D-2019), and that hydrogen was included in the 2022 National Climate Change Adaptation and Mitigation Plan. According to Pérez Alati, Grondona, Benites & Arntsen, a new version of the 2021 National Hydrogen Production Regime bill reached the Chamber of Deputies on 1 April 2022 – the regime would have applied for 20 years from 1 January of the year following the issue of the implementing regulation. In 2023 the executive branch sent Congress bill 0005-PE-2023 – the Low-Carbon Hydrogen Promotion Regime: according to its text it is to remain in force for 30 years from the law's entry into force, provides for fiscal stability for 30 years, access to the foreign exchange market and a minimum share of domestic components, and defines the beneficiaries and eligible investments.

Arguments for and against

Supporters stress that without guarantees of tax and regulatory stability, large-scale investment in electrolysers, storage and export will not materialise. Critics point to the cost of the incentives and the risk that the regime would mainly benefit a few entities. The discussion also covers water, renewable energy and local offtake.

Link to biogas

The hydrogen law matters to the biogas sector indirectly: hydrogen from biomass or biogas could benefit from the same regime, but we found no details on biogas in the bills in the sources. Access to renewable energy and export infrastructure matter more.

What we do not know

We have not established whether Congress passed the law after August 2025. Information should be verified in the Infoleg database and on the Chamber of Deputies' website.

Potential and resources

Argentina has large wind resources in Patagonia and extensive gas and export infrastructure. This makes the country frequently named among the candidates to become a producer of green hydrogen and its derivatives. However, resource potential is no substitute for a stable legal framework: investors need tax predictability, access to foreign currency and export guarantees.

What the lack of a law means for investors

Without a promotion regime, projects must rely on general instruments or negotiate terms individually. This increases uncertainty, lengthens project preparation and makes financing harder. In addition, the lack of clear certification rules and of a definition of low-carbon hydrogen complicates export contracts, especially to the EU, where detailed criteria apply.

Comparison with neighbours

Chile adopted a hydrogen strategy in 2020, Colombia published a roadmap in 2021 and included hydrogen in its energy transition law, Uruguay presented a plan in 2022, and Brazil passed a legal framework in August 2024 (Law 14.948). Against this background Argentina had no comprehensive law during the period analysed, although the debate had lasted several years.

The role of biogas and bioenergy

Argentina's biogas sector developed mainly under the RenovAr electricity auctions. A hydrogen regime could open the way to using biomethane as a feedstock for hydrogen or for producing synthetic fuels, but no detailed biogas provisions were found in the bills.

What to watch

At the next stages of the work, it is worth following: the definition of low-carbon hydrogen and the certification system, the length of the fiscal stability period (30 years in the 2023 bill), and the rules on access to renewable energy and water.

What this means for Poland and Europe

The Argentine case shows that resource potential alone is not enough to attract hydrogen investment: implemented regulations and regulatory stability are needed. For Polish and European importers of hydrogen and its derivatives, this means having to assess the regulatory risk of the exporting country, not just the cost of production.