Electricity regulation—Netherlands—Q&A guide
Electricity regulation—Netherlands—Q&A guide

The following Energy practice note provides comprehensive and up to date legal information covering:

  • Electricity regulation—Netherlands—Q&A guide
  • 1. What is the government policy and legislative framework for the electricity sector?
  • 2. What is the organisational structure for the generation, transmission, distribution and sale of power?
  • 3. What authorisations are required to construct and operate generation facilities?
  • 4. What are the policies with respect to connection of generation to the transmission grid?
  • 5. Does government policy or legislation encourage power generation based on alternative energy sources such as renewable energies or combined heat and power?
  • 6. What impact will government policy on climate change have on the types of resources that are used to meet electricity demand and on the cost and amount of power that is consumed?
  • 7. Does the regulatory framework support electricity storage including research and development of storage solutions?
  • 8. Does government policy encourage or discourage development of new nuclear power plants? How?
  • 9. What authorisations are required to construct and operate transmission networks?
  • More...

Electricity regulation—Netherlands—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to electricity regulation in Netherlands published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).

Authors: Bird & Bird LLP—Sophie Dingenen; Annelisa Wibier

1. What is the government policy and legislative framework for the electricity sector?

The legislative framework for the electricity sector in the Netherlands is based mainly on European regulations and directives. The European directives contain certain goals that should be achieved by the individual member states; however, each member state is, to a certain extent, free to decide how the achievement of such goals are implemented. European regulations have direct binding legal effect throughout the member states and enter into force on a set date in all the member states as provided for in the relevant regulation. Individuals may immediately invoke a European provision at a national or European court. It also has effects the other way around, as individuals must perform their activities in, for example, the electricity sector in accordance with the provisions of the European legislation.

The first European Directives, specifically the Electricity Directive implemented in 1997, have been amended over time, most recently by the Electricity Directive 2019/944. The latest package of directives is better known as the ‘Clean Energy Package’ or ‘CEP’. The European legislative framework has been the basis for the

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