On April 8 and 15, 2024, the House of Representatives will discuss the proposal for the new Energy Act. The new Energy Act will become the 'legal foundation of the energy transition' and will replace the current Gas Act and Electricity Act 1998 . The law is intended to modernize and harmonize energy markets and energy systems in the Netherlands, with the aim of better protecting consumers and companies. The following summary was recently shared with MPs.
EU = Implementation of EU regulations, NL = National policy choice, UKA = Implementation of the Climate Agreement
Energy markets
A. Reimplementation of EU regulations; transfer of current E&G laws
EU: Reimplementation of EU regulations
- Right to a supply agreement, with specific conditions attached to the agreement
- Possibility to switch to another supplier
- Data provision (invoice, consumption, generation)
- Access to complaints procedures
- Installation of digital measuring devices (readable)
EN: Continuation of national consumer protection
- Prohibition on supplying without a permit, with specific permit requirements
- Guaranteeing security of supply
- 1. Supplier bankruptcy and
- 2. Situations of default
- Supplier as point of contact ('supplier model')
NB: This applies to connected parties with a small connection (previously: 'small users'). In case of contractual obligations, protection is aimed at 'household end customers' (HHE) and 'micro-enterprises' (MO).
B. New elements: implementation of Directive (EU) 2019/944 and national policy
EU: Establishing general provisions
- Competitive market, free choice of suppliers, market-based prices, third-party system access, etc. In other words: delivery at transparent and reasonable prices.
EU Expansion of end-customer protection (EU/national)
- Implementation of new EU provisions and expansion of contractual protection (partly for HHE & MO). In other words: clarification of the protection of 'vulnerable customers'.
NL Expansion of national consumer protection
- Supply permit: stricter permit requirements, integrity test (Bibob), expansion of grounds for withdrawal (OHP), additional model contract ( > 12 months, fixed rate), clarifications on security of supply and supplier model.
EU From customer to 'active customer' *
- Strengthen preconditions for becoming active
- Multiple actors on end customer connection
NL/EU Embedding new market initiatives *
- Active customer, energy community, aggregator
- Supply permit: exception for the active customer and the energy community
Management of systems
A. Reimplementation of EU regulations; transfer of current E&G laws
NL/EU Reimplementation of EU regulations; continuation of previous national choices regarding systems
- Design requirements and conditions; This is partly related to regulations regarding the 'unbundling' between market and system management (this mainly concerns the 'group ban'.)
- Transmission system operator (TSB) and distribution system operator (DSB) tasks
- Manage special systems
NB: In parallel with previous implementation, various national choices have been made, including the introduction of the 'privatization ban' and the 'side activities ban'.
A. New elements: implementation of Directive (EU) 2019/944 and national policy
NL Revision of the framework for the organization of system administrators
- Clarifications, updates, corrections: specific to: TSB, DSB and the infrastructure group
UKA/NL/EU Revised framework for TSB and DSB tasks
- Clarifications, updates, corrections; also in light of Directive (EU) 2029/944
- Reassess core tasks of connecting & transporting, including special transport methods and conditions
- Basis for elaborating a prioritizing assessment framework for (expansion) investments
- Congestion management: broader application (also TSB)*
- Expansion of 'cable pooling' options and clarification of public management of interconnectors
UKA/NL/EU Revised framework for decision-making on rates
- Clarifications, updates, corrections
- Adjustments to process, method, principles
NL Coordination of powers
- Recalibration of national coordination/decentralized authorities
- Declare certain large-scale electrolysis projects of 'national importance'
Energy data: measuring and data exchange
A. Reimplementation of EU regulations; transfer of current E&G laws
NL/EU Reimplementation of EU regulations; continuation of previous national choice regarding arrangement/organization
- Continue transition to digital measuring devices, which can be read remotely where possible
- Maintaining the division of roles in terms of measurement activities
- Building on the existing system of (electronic) data management and exchange, with an emphasis on continuing (essential) data processes and maintaining roles/responsibilities
A. New elements: implementation of Directive (EU) 2019/944 and national policy
UKA/NL/EU Revision of data management and exchange system
- System revision incl.:
- Record processes, conditions & actors
- Register management rules
- Standardized access based on standards and agreements and 4. Requirements for processes, identification, security, etc.
NL Improve and rationalize the measurement chain
- Optimizations due to ongoing digitalization and importance of high-quality & high-frequency data
- Basis for expansion of recognition regime for measuring companies
Implementation, supervision & enforcement
A. Reimplementation of EU regulations; transfer of current E&G laws
NL/EU Reimplementation of EU regulations; continuation of previous national choices
- The Netherlands Authority for Consumers and Markets (ACM) is and remains the supervisory regulatory body
- Two exceptions:
- Role of SodM in monitoring compliance with the safety of gas and
- Role of the National Digital Infrastructure Inspectorate (RDI) in monitoring compliance with data protection and cybersecurity
A. New elements: implementation of Directive (EU) 2019/944 and national policy
NL/EU Clarify/recalibrate tasks and powers
- Establishing specific, new supervisory tasks, partly based on EU regulations; including a major role for RDI in cybersecurity
- Some new tasks ACM. including:
- Dispute resolution and
- Supervision of competitive, transparent, easily comparable and non-discriminatory prices
- Monitoring delivery at transparent and reasonable prices
Source: Ministry of Economic Affairs and Climate Policy, Energy Act proposal, March 2024 - Lars Meindert - via LinkedIn
*Only applicable to electricity
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