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Energy Legislation overview – May 2010

09/06/2010

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

Click on the link for a full-text document.

Electricity and Gas

1. Bill regarding amendment of the Gas Act and the Electricity Act 1998 with respect to the reinforcement of the gas market, improvement of the security of supply and rules in relation to priority access to renewable energy
Report of the Standing Committee of Economic Affairs of 27 April 2010 and the reply of the Minister of Economic Affairs ('MEA'). Parliamentary Papers I 2009/2010, 31904, no. C, respectively Parliamentary Papers I 2009/2010, 31904, no. D

2. Smart Metering
In April 2009 the Senate declined to adopt the Smart Metering Bill (Bill regarding amendment of the Electricity Act 1998 and the Gas Act to improve the functioning of the electricity and gas markets, 31374 and the Bill on the implementation of the EU Directives on energy efficiency, 31320), taking the position that the mandatory nature of smart metering constitutes an infringement of consumers' privacy. The MEA has now submitted two amendments to the Bills. Pursuant to these amendments smart metering is no longer mandatory and not installing a smart meter will not constitute an economic offence of the consumer.

Amendment of the Bill on the implementation of the EU Directives on energy efficiency: Parliamentary Papers II 2009/2010, 32373, no. 2; Parliamentary Papers II 2009/2010, 32373, no. 3; Parliamentary Papers II 2009/2010, 32373, no. 4

Amendment of the Bill regarding amendment of the Electricity Act 1998 and the Gas Act to improve the functioning of the electricity and gas markets. Parliamentary Papers II 2009/2010, 32374, no. 2; Parliamentary Papers II 2009/2010, 32374, no. 3; Parliamentary Papers II 2009/2010, 32374, no. 4

3. Gas Tariff Code 2011
The national gas transmission system operator, Gas Transport Services B.V (GTS), has submitted its tariff proposal for 2011. Parties are entitled to give their views to the Office of Energy Regulation of the Netherlands Competition Authority until 18 June 2010. Government Gazette (Staatscourant) 2010, no. 7120

4. Door-to-door sales
Letter of the MEA of 7 May 2010 regarding door-to-door sales by energy companies. Parliamentary Papers II 2009/2010, 27879, no. 28

Renewable energy and climate change

5. Governmental programme: Clean and Efficient, New energy for climate policy (Schoon en zuinig)
Letter of the MEA of 27 April 2010 regarding the cabinet's views on fuel mix for electricity generation, the introduction of a CO2-standard for coal fired electricity plants and a CCS obligation. In its letter the MEA indicates that it will be for the next cabinet to decide on the abovementioned issues. Attached to the letter are three studies in relation to the fuel mix, by D-Cision, ECN and KEMA. Parliamentary Papers II 2009/2010, 31209, no. 116

6. Sustainable Energy Incentive (Stimulering duurzame energie)
Ministerial Regulation of 21 April 2010 regarding amendments to the Ministerial Regulation Categories sustainable energy generation 2010 (Regeling aanwijzing categorieën duurzame energieproductie 2010). Aforementioned amendments make it possible to submit an electronic subsidy application for solar photovoltaic systems of 15 kWp - 100 kWp. Government Gazette (Staatscourant) 2010, no. 6575

Answers of 6 May 2010 on questions raised by the Standing Committee of Economic Affairs and the Committee for Central Government Expenditure in relation to the Report 'Subsidy schemes sustainable energy generation (MEP and SDE); Retrospective view 2010' of the Court of Audit (32340, 1-2). Parliamentary Papers II 2009/2010, 32340, no. 3

Letter of the MEA of 10 May 2010 regarding the first findings in relation to the offshore wind subsidy tender that closed on 1 March 2010. The Minister will issue subsidy to two parks, resulting in a total capacity of 600MW. Parliamentary Papers II 2009/2010, 31239 no. 96

Letter of the MEA of 12 May 2010 presenting the advice of the Taskforce Offshore Wind Energy with regard to the offshore wind business case which aims to realize 6,000 MW offshore wind energy in 2020. Parliamentary Papers II 2009/2010, 31239 no. 97

7. Biofuels and Liquid Biomass
Letter of the Minister of Housing, Spatial Planning and the Environment and the Minister of Agriculture, Nature and Food Quality of 4 May 2010 regarding the advice of the Committee for Biomass Sustainability Matters (Commissie Duurzaamheidsvraagstukken Biomassa) on indirect land use change ('ILUC') of 5 November 2009. Parliamentary Papers II 2009/2010, 30196, no. 102

8. Bill implementing the Renewable Energy Directive, the Fuel Quality Directive and the Clean Vehicles Directive
Report of the Standing Committee of Housing, Spatial Planning and the Environment of 18 May 2010 regarding 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). The Bill amends the Environmental Management Act (Wet milieubeheer), the Economic Offences Act (Wet op de economische delicten) and the Electricity Act 1998 (Elektriciteitswet 1998). Parliamentary Papers II 2009/2010, 32357, no. 5

9. Subsidy Scheme Energy and Innovation
Ministerial Regulation of 10 May 2010 regarding amendment of the Subsidy Scheme Energy and Innovation. The amendments introduce among others two new tenders. Government Gazette (Staatscourant) 2010, no. 7544

10. CCS
Member States are required to transpose the Geological Storage of Carbon Dioxide Directive ('CCS Directive') into national law by 25 June 2011. On 19 March a first version of the Bill amending the Mining Act was submitted to Parliament. On 26 April 2010 the Report of the Standing Committee of Economic Affairs on the Bill was published. Parliamentary Papers II 2009/2010, 32343, no. 5

Letter of the MEA of 3 May 2010 on the CO2 storage project in Barendrecht, informing Parliament that no irreversible decisions are made with regard tot the CO2 storage in Barendrecht. The MEA furthermore indicates that a new cabinet will decide on the storage license for the Barendrecht project. Parliamentary Papers II 2009/2010, 28982, no. 108

Letter of the MEA of 12 May 2010 on the financing of the offshore CCS demonstration project of E.ON/Electrabel (ROAD-project). In addition to EU subsidy, the MEA and the Minister of Housing, Spatial Planning and the Environment have awarded subsidy to this project in the amount of EUR 150 million for the period 2010-2019. Parliamentary Papers II 2009/2010, 31209, no. 118

11. Amendment Act Emission Trading II (Aanpassingswet handel in emissierechten II)
Response of the Minister of Housing, Spatial Planning and the Environment of 17 May 2010 to the Report of the Standing Committee of Housing, Spatial Planning and the Environment on - among others - (i) deletion of the uniform public preparatory procedure (ii) linking CCS to the emission trading system, (iii) deletion of the compulsory license conditions. Parliamentary Papers II 2009/2010, 32197, no. 6

First amendment of the Amendment Act emission trading II. Parliamentary Papers II 2009/2010, 32197, no. 7

Miscellaneous

12. Nuclear Energy
Decree of 10 May 2010 on the effective date of certain articles of the amended Nuclear Act of 19 November 2009 (Staatsblad 2010, 18). Pursuant to this Decree Article I of the amended Nuclear Act will partially enter into force on 1 July 2010. The amendments include among others the final closing date of the nuclear power plant Borssele, review of a permit application regarding the technical specifications of a new plant and the option to set further rules by governmental decree with regard to decommissioning. Article IIA will enter into force on 1 April 2011. Bulletin of Acts and Decrees (Staatsblad) 2010, 183

Letter of the MEA and the Minister of Housing, Spatial Planning and the Environment of 29 April 2010 on the scenarios for nuclear energy, as addressed in the Energy report 2008. Parliamentary Papers II 2009/2010, 31510, no. 40

Letter of the MEA of 10 May 2010 on questions raised by Parliament member Vendrik in relation to the report 'The Economic Viability of Nuclear Power in the Netherlands' of Spring Associates. Parliamentary Papers II 2009/2010, (Aanhangsel van de Handelingen) no. 2425

13. Registrations of Networks
On 17 May 2010 the Senate has adopted the Act amending the New Civil Code Transition Act (Overgangswet NBW) and the Land Registry Act (Kadasterwet) in relation to the registration of networks in public registers. The Act has entered into force on 27 May 2010. As a consequence, networks can be registered at the Land Registry and mortgageable interests can be vested on the networks. Bulletin of Acts and Decrees (Staatsblad) 2010, 188

14. Crisis and Recovery Act
Draft Decree on the implementation of the Crisis and Recovery Act (Besluit uitvoering Crisis- en herstelwet). Parliamentary Papers I 2009/2010, 32127 no. AC

15. Heat / Cold Storage
Report of the General Consultation (Algemeen Overleg) held on 14 April 2010 between the Standing Committee and the Minister of Housing, Spatial Planning and the Environment on, among others, the Covenant Policy on Soil Development (Convenant bodemontwikkeling) and heat/cold storage. Parliamentary Papers II 2009/2010, 30015, no. 40

16. Sustainable Use of the Subsoil
Letter of the Minister of Housing, Spatial Planning and the Environment of 16 April 2010 presenting the government's vision on the sustainable use of the subsoil. Parliamentary Papers II 2009/2010, 32123 XI, no. 67

17. Heat
Letter of the MEA of 12 May 2010 on the results of the inquiry into the effects of the reasonable price and the maximum price in relation to the profitability of heat nets. Parliamentary Papers I 2009/2010, 29048, no. H

18. Government-wide approach to sustainable development
Letter of the Minister of Housing, Spatial Planning and the Environment and the Minster of Foreign Affairs regarding the progress on the government-wide approach to sustainable development (KADO), including among others water/climate adaptation, renewable energy, biofuels and development, CCS, sustainable construction and renovation, innovation and sustainability. Parliamentary Papers II 2009/2010, 30196, no. 103

19. Social Security & the Offshore Industry
Bill to amend the social security status of the Dutch Continental shelf, introducing mandatory social insurance for offshore employees. Parliamentary Papers II 2009/2010, 32383, no. 2;Parliamentary Papers II 2009/2010, 32383, no. 3;Parliamentary Papers II 2009/2010, 32383, no. 4

20. State Supervision of Mines (SodM)
Letter of the MEA of 20 May 2010 presenting the annual report 2009 of the State Supervision of Mines. Parliamentary Papers II 2009/2010, 32123 XIII, no. 56

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.

Authors

Picture of Cecilia Weijden
Cecilia van der Weijden
Partner
Amsterdam