Devices with a measuring function for electricity

Amendment to the 1998 Electricity Act and the Environmental Taxes Act implementing the phasing out of the netting arrangement for small consumers

Article 26aa(2) of the 1998 Electricity Act stipulates that small consumers (i.e. customers who have a connection to a network with a total maximum transmission value of no more than 3x80 amps; this concerns households and small businesses in particular) are required to have a measuring device that is able to measure the consumption of electricity from the grid and the input of electricity into the grid separately. This could be a smart meter that can be read remotely or a digital meter that cannot be read remotely. Consequently, these small consumers will no longer be allowed to use Ferraris meters, which cannot measure consumption and input separately. This is a technical requirement within the meaning of Directive (EU) 2015/1535.

The 1998 Electricity Act does not distinguish between measuring devices that are able to measure the consumption and input of energy from the Netherlands and other Member States separately. The 1998 Electricity Act does not include a mutual recognition clause with regard to measuring devices. These measuring devices fall within the scope of Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (OJ (EU), L 96), which was implemented by the Metrology Act and which permits measuring devices with a CE marking in all Member States.

The amendment to Article 31c(1) of the 1998 Electricity Act is also notified on the basis of Article 15(2)(g) of Directive 2006/123/EC. As a result of the amendment to Article 31c(1) of the 1998 Electricity Act, an energy supplier for small consumers who input sustainable electricity into the grid will have to calculate consumption for the purposes of billing and collection of the supply costs by reducing the electricity drawn from the grid by a percentage of the electricity supplied to the grid that will gradually decrease from 91 % in 2023 to 0 % in 2031. For the applicable percentage of the electricity supplied to the grid, the energy supplier will be required to pay the same amount for the solar energy supplied by the small consumer as the small consumer is required to pay for the electricity consumed. This affects the rates that an energy supplier may charge. The current Article 31c(1) already affects the rates and this change will result in a change to the content thereof. As a result of the amendment to this article, the effect on the tariffs set by the energy supplier will gradually be reduced.