On May 17, 2018, the National Center for Research and Development announced the initiation of a new procedure within the Hydrogen Storage Program. The objective was to develop a Hydrogen Storage System for use with fuel cells and its demonstration in a Mobile Facility. This is to create an alternative to the use of fossil fuels and create a field for competition in creating solutions in the field of access to “clean” energy. The National Center for Research and Development is responsible for the development of assumptions, regulations and implementation. The analysis presents the main assumptions of the program is correlated to the current legal situation related to the financing of Research and Development. An in-depth study concerns the ways of using innovative partnership and its placement in the system of European Union legal acts. The idea of the pre-commercial procurement procedure (Pre-Commercial Procurement), which was developed to support the implementation of prototypes of solutions – resulting from research and development – with a high potential for possible commercialization, was described in details. This procedure is characterized by ensuring the financing of a product or service at an early stage of development. Although this creates the risk of failure of the project, it stimulates technological development.