Better protecting Dutch energy consumers, making the electricity grid more flexible and better organizing secure data exchange between grid operators, energy companies and customers: these are some of the main goals of the new Energy Act. The new law lays the foundation for important changes in the Netherlands' energy system that will help combat climate change and reduce dependence on fossil fuel imports. It also offers consumers, social institutions and companies more opportunities to actively participate in the energy market themselves.
The new Energy Act replaces and modernizes the current Gas Act and Electricity Act 1998 and sets the rules for changes in the electricity and gas markets and the energy system. The new law clarifies and simplifies existing rules and removes unnecessary differences between rules for gas and electricity. This is important to accelerate the energy transition. Many stakeholders from the energy sector and beyond have actively contributed in recent years to this bill, which also contains the elaboration of a number of agreements from the Climate Agreement.
The new Energy Act offers more rights and protection to households, the self-employed and small businesses, among others. For example, in the area of transparent conditions and better protection when terminating and billing energy contracts. The law also tightens the requirements that energy suppliers must meet. In addition, network operators are given more opportunities to deal with problems with the full electricity grid, by being allowed to make smarter use of the existing space on the grid. The law also sets new rules for data sharing, making it easier for households and businesses to view or share their own data with a service provider such as a price comparator or energy consumption manager. Finally, the law creates new opportunities for people and companies to become active in the energy market themselves, for example through energy communities that sell and supply electricity produced by members.
The Raad van State has previously issued an opinion on the bill. Minister Jetten is grateful to the Council for its comprehensive advice on the basis of which the (explanatory notes to the) bill have been improved and clarified. The various points of advice have largely been followed, but not all. In the letter to the House of Representatives, the minister explains why the government does not adopt all parts of the advice. Among other things, the Council has advised to implement the Electricity Directive through a separate bill and to refrain from merging the Electricity Act and Gas Act into one law at this time.
The main consideration for the Cabinet to stick to a single law is the importance of not further delaying legislation necessary for the energy transition and, moreover, to be able to respond immediately to important current developments in the energy domain (such as high energy prices, bankruptcies of suppliers, grid congestion and rulings by the European Court of Justice). In addition, the current Electricity Act 1998 and Gas Act are outdated and in need of modernization. The developments affecting the energy transition are changing rapidly. There are also many European regulations on the way. This makes it all the more important to have a solid basis for coherent energy legislation and regulation. This new Energy Act lays this solid foundation.
