Energy Legislation overview – April 2010

Please find below an overview of parliamentary papers in relation to the energy sector published in April 2010.

Click on the link for a full-text document.

1. Bill implementing the Renewable Energy Directive, the Fuel Quality Directive and the Clean Vehicles Directive
On 1 April the Bill implementing the Renewable Energy Directive (2009/28/EC), the Fuel Quality Directive (2009/30/EC) and the Clean Vehicles Directive (2009/33/EC) was send to Parliament. The Bill amends the Environmental Management Act (Wet milieubeheer), the Economic Offences Act (Wet op deeconomische delicten) and the Electricity Act 1998 (Elektriciteitswet 1998). Parliamentary Papers II 2009/2010, 32357, no. 2; Parliamentary Papers II 2009/2010, 32357, no. 3; Parliamentary Papers II 2009/2010, 32357, no. 4

2. Subsidy Scheme Energy and Innovation
Ministerial regulation of 1 April 2010 regarding amendments to the Subsidy Scheme Energy and Innovation (Subsidieregeling energie en innovatie). This Subsidy Scheme aims to stimulate the development of technologies for the supply of sustainable energy. Aforementioned amendments regard the introduction of a subsidy for pilot and demonstration projects on an effective and efficient chain of digestion to produce renewable gas. This ministerial regulation entered into force on 14 April 2010. Government Gazette (Staatscourant) 2010, no. 5545

3. Sustainable Energy Incentive (Stimulering duurzame energie)
Letter of the Minister of Economic Affairs ("MEA") of 7 April 2010 on the motion to add biogas hubs to the subsidy-eligible categories of the Sustainable Energy Incentive Scheme ("SDE") for 2011. The MEA will amend the SDE accordingly. Parliamentary Papers II 2009/2010, 31239, no. 93

Answers of the MEA of 14 April 2010 on questions raised by the Standing Committee of Economic Affairs regarding the SDE tender for offshore wind energy. The addressed issues in the letter include the following: the caretaker cabinet is entitled to enforce this SDE tender, the National Water Plan ("NWP") is added to the list of controversial issues but the NWP had no consequences for the enforcement of the SDE tender. Parliamentary Papers II 2009/2010, 31710, no. 16

4. Governmental programme: Clean and Efficient, New Energy for climate policy (Schoon en Zuinig)
Letter of the Minister of Housing, Spatial Planning and the Environment of 26 March 2010 on the implementation of the motion Bilder regarding the introduction of 41 decibels "Lnight" in the draft ministerial decree regarding an amendment of environmental regulation on wind turbines (Ontwerpbesluit wijziging milieuregels windturbines). Lnight is the night-time noise indicator for sleep disturbance.Parliamentary Papers II 2009/2010, 31209, no. 115

5. CCS
Letter of the MEA and the Minister of Housing, Spatial Planning and the Environment of 12 April 2010 on the CO2 storage project in Barendrecht, addressing: (i) the implementation of the adopted motions Wiegman, the motion Van der Ham and the motion Samsom/Spies, (ii) why the Crisis and Recovery Act is applicable to the CO2 storage project in Barendrecht, (iii) the report of the University of Utrecht regarding locations for CCS in the Netherlands and (iv) the letter of ECN about remarks on CCS by mrs De Coninck of ECN in De Volkskrant. Parliamentary Papers II 2009/2010, 29892, no. 104

6. Nuclear Energy
Pursuant to the recent amended Nuclear Act (Bulletin of Acts and Decrees (Staatsblad) 2010, 18) the Minister of Housing, Spatial Planning and the Environment, the Minister of Social Affairs and Employment and the MEA published a draft ministerial decree regarding - among others - (i) the simplification of the competent authority, (ii) the option to set further rules with regard to closing down and dismantlement of nuclear installations and (iii) the obligation of a permit holder to provide financial security. Government Gazette (Staatscourant) 2010, no. 5687

7. Heat/ cold storage (WKO)
Letter of the Minister of Housing, Spatial Planning and the Environment of 9 April 2010 informing Parliament on the latest developments with respect to several subjects regarding spatial planning. Among which, the progress on the execution of the Covenant on soil development policy and strategy for urgent sites (Convenant bodemontwikkelingsbeleid). Furthermore, on the cooperation programme for heat/cold storage (WKO) (also referred to as: ground source heat pumps) the Minister announces to shortly publish a decree to promote the use of large scale open WKO-systems in accordance with the Crisis and Recovery Act. Parliamentary Papers II 2009/2010, 30015, no. 38

8. Crisis and Recovery Act
On 26 April a draft decree with respect to the execution of the Crisis and Recovery Act (Besluit uitvoering Crisis- en herstelwet) was published. The decree will regulate some aspects that are connected with the entry into force of the Crisis and Recovery Act on 31 March 2010. Interested parties can submit their comments to the Ministry of Housing, Spatial Planning and the Environment until 24 May 2010. Governmental Gazette (Staatscourant) 2010, no. 6302

9. Monitoring security of energy supply
On 28 April 2010 a ministerial decree of the MEA entered into force clarifying the division of obligations between Gas Transport Services B.V (GTS) and the MEA with respect to the annual monitoring of the security of energy supply, pursuant to article 52a of the Gas Act. Government Gazette (Staatscourant) 2010, no. 6400

10. Amendment of the Gas Tariff Code
The Board of the Netherlands Competition Authority (NMa) has submitted a proposal for amendment of the Gas Tariff Code. The proposal introduces a tariff regulation with respect to construction, management and maintenance of gas connections. Government Gazette (Staatscourant) 2010, no. 5148

11. 2010 Energy Cost Recovery Scheme
On 16 April 2010 the 2010 Energy Cost Recovery Scheme (Regeling kostenverhaal energie 2010) which further substantiates the Energy Cost Recovery Decree (Besluitkostenverhaal energie) entered into force. The Scheme publishes the costs for duties performed by the NMa for the execution of the Gas Act and the Electricity Act 1998 and where these costs will be allocated. Governmental Gazette (Staatscourant) 2010, no. 5858

Please note that the overview is non-exhaustive and does not necessarily cover all aspects. For more information, please do not hesitate to contact us or visit our website.