The Energiewet, the Dutch Energy Act, entered into force on 1 January 2026 and replaced the Electricity Act 1998 and the Gas Act. It is the framework statute for the Dutch electricity and gas markets: it governs system operation, supply, connection and transport, energy data and the protection of end users.
Statutory basis
The Act was published in Staatsblad 2025, 348. It implements the European electricity market package, in particular Directive (EU) 2019/944 and Regulation (EU) 2019/943, and parts of the renewable energy directive (EU) 2018/2001. Secondary rules are set out in the Energiebesluit and the Energieregeling, and the technical conditions in the codes adopted by the Authority for Consumers and Markets (ACM), of which the Netcode elektriciteit and the Tarievencode are the best known.
How it works in practice
Three changes matter most to clients. First, terminology and roles were modernised: grid operation is now system operation, national grids are transmission systems and regional grids distribution systems. Second, the connection and transport regime was rewritten around scarcity: the operator must still connect, but transport depends on available capacity and the operator owes transparency about the timeline instead of an immediate guarantee. Third, energy sharing and energy communities were given a statutory place, allowing households and businesses to generate and share electricity jointly.
Where it goes wrong
Contracts drafted under the old Acts often refer to provisions that no longer exist. Long-term supply, connection and lease agreements still cite the Electricity Act 1998 by article number, which makes change-in-law and indexation clauses hard to apply. Another recurring issue is the assumption that an existing connection guarantees transport capacity for an expansion; it does not. Finally, parties underestimate the ACM codes: much of the operative detail sits there rather than in the Act, and the codes are amended far more often.
Related terms
Grid operator, grid congestion, supply licence and connection and transport agreement.
Do your contracts still refer to the old Acts, or are you unsure what the new regime means for your project? Our energy lawyers review the documentation and advise on the transition.
