The Energy Act is a proposed new Act to replace the current 1998 Electricity Act and Gas Act and to prepare Dutch energy legislation for the energy transition. In addition, the Energy Act implements the fourth Electricity Directive (Directive (EU) 2019/944) and the Electricity Regulation (Regulation (EU) 2019/943) from the Clean Energy Package into Dutch legislation.
The current Electricity Act 1998 and Gas Act are the result of the implementation of European directives aimed at liberalization and the internal market, with focus on reliability, affordability and safety. The proposed new legislation sets new goals: the realization of low-carbon and climate-neutral energy supply and the integration of the energy system in spatial planning.
The proposal for the Energy Act was published on 17 December 2020 as part of a public consultation. This consultation ran until 11 February 2021. On 11 March 2021, the Dutch Advisory Board on Regulatory Burden (ATR) advised against submitting the Act to Parliament.
The ATR questions the substantiation of the proposal, in particular because certain obligations will be further elaborated in lower legislation, which is not yet available, and can therefore not yet be properly assessed.
In the written answers to parliamentary questions published on 22 April 2021, outgoing Minister Van ‘t Wout of Economic Affairs and Climate indicates that the input from the consultation on the Energy Act is currently being processed and the Act will be submitted to the Advisory Division of the Council of State later this year.