The new environmental law will come into force in the Netherlands as of January 01, 2024. The environmental law will include the obligation to save energy within the decree on activities in the residential environment (Bal) and the decree on construction work in the residential environment (Bbl). These will also contain the adjustments to the energy savings obligation. The adjustments are still included in the current regulation on environmental management activities and will apply from July 01, 2023. In this very last amendment to the regulation on environmental management activities, it was decided to bring everything related to energy savings in line with the EED submission deadline (December 01, every four years).
The Dutch government has been adopting various measures for the country’s energy security for several years. Now, the new duty to inform obliges companies to comply with the stricter regulations from December 01, 2023.
Duty to inform about energy saving – What does it mean?
It is generally a report based on the requirements of the European Energy Efficiency Directive (EED) or the approved measures of the Activities Regulation (EML).
Who will be affected by the impact?
Companies that have an electricity consumption of more than 50,000 kWh or a natural gas consumption of more than 25,000 m³ must comply with the information obligation on energy saving from December 01, 2023. Starting from this date, companies must report on energy measures that have already been implemented and those that are planned for the future.
When does the regulation come into effect?
Previously, the reporting requirement extended to December 01, 2019, especially for companies that were subject to the Energy Efficiency Directive, EED. However, the legislation has been tightened to comply with the entry into force of the Environmental Act on July 01, 2023. Now companies with lower energy consumption must also submit their reports to the competent authority by December 01, 2023. „Rijksdienst voor Ondernemend Nederland”
What is the difference between EED and EML?
European Energy Efficiency Directive (EED)
The EED audit requirement refers to the obligation of companies to conduct a detailed investigation of their energy flows and report on them at regular intervals. This investigation is required under theEuropean Energy Efficiency Directive (EED). The EED audit provides a comprehensive overview of energy consumption within the company, including buildings, equipment, industrial processes and business traffic. The audit is relevant for companies covered by the EED obligation that must comply with thresholds for the number of full-time equivalents (>250 full-time equivalents) or turnover (>50 million turnover and >43 million total assets). Below these limits, the measures of the EML apply.
Based on the EED audit, the goal is to identify potential savings measures and evaluate their expected impact. It enables companies to implement energy-efficient measures, thereby reducing costs and counteracting the negative environmental impact of their operations. Companies subject to the EED audit requirement must prepare appropriate reports that include details of their energy consumption and the energy measures applied. Templates for these reports are available through special links.
Approved Measures List (EML)
Companies that are subject to the EED obligation and have to implement concrete measures can follow the EML guidelines and select suitable, recognized energy-saving measures.
EML stands for “Approved Measures List”. The EML measures refer to the approved energy saving measures according to the activity regulation known in the Netherlands. This means that all energy saving measures in the sense of the EED regulations, with a maximum payback period of five years, must be implemented in order to be recognized as EML measures. Fulfillment of this obligation may be accomplished through the implementation of all applicable recognized measures. Each recognized measure must indicate whether and when it was implemented or whether an alternative measure was taken.
Documentation
There are specific measures for buildings, facilities and processes that facilitate reporting. In addition, a special XML file is available for quick submission of the report. While it is not mandatory to follow the structure of the EML, if the company uses its own reporting method, this may bring additional questions and requirements.
The company can determine which obligations need to be met by reviewing the RVO checklist.
Conclusion
In summary, the EED is a regulatory directive requiring businesses to improve their energy efficiency, while the EML is a list of approved energy conservation measures that businesses can use to guide their energy conservation efforts to meet EED requirements.
The expanded scope of the regulation beginning in December 2023, which will include companies that use less energy, highlights the growing awareness of environmental issues and the need to implement sustainable practices in all areas of business.
Overall, the energy savings obligation promotes a comprehensive culture of responsibility and sustainable development in the corporate landscape in the Netherlands. Companies are encouraged to find innovative ways to achieve energy efficiency, not only to meet regulatory requirements, but also to reduce costs and achieve positive environmental impacts. The time until the regulation comes into force in December 2023 offers companies the opportunity to optimize their strategies and position themselves as pioneers in sustainable business management.
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