Energy efficiency notification obligation

The Environmental Management Activities Decree (Activiteitenbesluit Milieubeheer) requires organisations in the Netherlands (Wet Milieubeheer Inrichtingen) to save energy. This regulation was changed on 1 July 2019. In addition to the current energy efficiency obligation, an energy efficiency notification obligation is introduced for locations that use 50,000 kWh of electricity or 25,000 m³ of natural gas (or an equivalent) or more per year. The business community and the Dutch Government intend to accelerate energy efficiency with the notification obligation. This will provide a CO2-reduction boost in the Netherlands.

Introduction

Watch this short introductory video (in Dutch only) for a short explanation of the energy efficiency notification obligation.

Does this apply to you?

Does your organisation in the Netherlands use 50,000 kWh of electricity or 25,000 m3 of natural gas (or an equivalent) or more per year? If so, chances are the notification obligation applies to your organisation. Quickly determine whether the energy efficiency obligation and its secondary notification obligation applies to your organisation using the step-by-step plan.

Organisations without notification obligation

  • Organisations whose various locations all participate in the European Union Emissions Trading System (EU ETS)
  • Organisations in the greenhouse industry participating in the CO2 equalisation system
  • Organisations whose locations all participate in the Long-Term Agreements on energy efficiency covenant
  • Organisations classed Type C in the Environmental Management Act that have an environmental permit

Do you have an audit obligation under the Energy Efficiency Directive (EED)?

It is possible that your company also has an audit obligation under the Energy Efficiency Directive (EED), in addition to the energy efficiency notification obligation for each location.

The EED obligation depends on a number of factors, such as the number of employees, turnover and balance sheet total.
In this case, you report the energy efficiency measures to ePortal by 5 December 2019.

What does it entail?

If the notification obligation applies to your organisation, you had to report which energy efficiency measures you have taken to ePortal by 1 July 2019.

As a point of departure, you use the Recognised Energy Efficiency Measures List (EML) for your business sector. This list contains energy efficiency measures which have a payback period of 5 years or less. An EML has been drafted for 19 business sectors.  Reporting the energy efficiency notification obligation has been available since 28 February 2019 on ePortal on RVO.nl.

What is the deadline?

You had to report which energy efficiency measures you have taken to ePortal by 1 July 2019. The monthly planning was as follows:

  • 28 February 2019: the ePortal opens for reporting energy efficiency measures
  • 5 March 2019: publication of the updated EML for 19 business sectors in the Government Gazette
  • 19 March 2019: webinar available about the notification obligation of energy efficienvy measures on ePortal
  • April 2019: the updated Appendix 10 to the Environmental Management Activities Decree goes into effect
  • 1 May 2019: publication of the Decree to amend the Environmental Management Activities Decree for the energy Efficiency Notification Obligation in the Government Gazette
  • 3 May 2019: The ePortal XML upload is available for several locations under the heading Rapporteren (Reporting)
  • 1 July 2019: final date on which reports can be made to the ePortal in order to satisfy the notification obligation
  • 2 July 2019: Municipalities and environmental services can retrieve the information about the energy efficiency notification obligation for their municipality in eLoket
  • December 5, 2019: latest date by which companies with an energy audit obligation (EED) must report for the energy efficiency notification obligation to ePortal

Step-by-step

A comprehensive step-by-step plan is available in Dutch. In short the steps are as follows:

  1. Use the infographic to check whether or not you must meet the notification obligation for your organisation.
  2. Check the Recognised Energy Efficiency Measures List (EML) to determine which of measures are relevant to your business sector. If there is no EML that applies to your business sector you can list the energy efficiency measures you have taken with a payback period of five years or less.
  3. Purchase a Level 1 Identity token (eHerkenningsmiddel niveau 1) to be able to log into ePortal. Applying for a token will take five working days. Keep this in mind when preparing for your notification obligation.
  4. Does the notification obligation apply to you and you have not yet reported? Do this as soon as possible via ePortal.

How to report?

The ePortal for the energy efficiency notification obligation became available on 28 February 2019. You report the energy efficiency measures you have taken to via ePortal. Make sure you are well-prepared and make use of the available tools.

Do you have more than one location? A tool has been developed for reporting multiple locations in the ePortal. This tool (XML upload) can be found under the heading Rapporteren (Reporting). Animation of reporting via ePortal for Energy Efficiency Notification Obligation (in Dutch only).

Monitoring and enforcement

The competent authority is responsible for the monitoring and enforcement of the Energy Efficiency Obligation and the energy efficiency notification obligation. In principle, this competent authority is the municipality in which your location is located.

The competent authority can also delegate these monitoring and enforcement tasks to an environment agency. That also applies to the province. In addition, the province is usually the competent authority when it comes to large and/or complex locations.

Your municipality or environment agency itself needs to retrieve your report from ePortal. They use the information to verify whether you have satisfied the energy efficiency obligation and the energy efficiency notification obligation.

Your report may raise questions, or the competent authority might want to conduct an inspection. If you do not report on time, the municipality may take enforcement measures. This could have financial consequences in the form of a non-compliance penalty.

More information?

Contact us for more information or read our Dutch information page Informatieplicht energiebesparing. Please note, there are several Dutch tools available (introductory videos, step-by-step plan and EML list)

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