ACM publishes “Focus on Energy 2026”

The Dutch Authority for Consumers & Markets (ACM) has recently announced what it will focus on in its supervisory role in the energy market. In its “Focus on Energy 2026”, the ACM describes a number of broader developments and announces a substantial set of decisions, reports and policy rules that we can expect over the course of the year.

Grid congestion remains high on the agenda. The ACM announces consultations in the first half of 2026 on decisions about time-dependent grid tariffs both for large users on regional grids and for small users (households). According to the ACM, final decisions on this should be taken before the end of 2026. The ACM expects that, in 2028, grid tariffs will be introduced that depend on the time of day. The price signal created by this is intended to reduce peak consumption.

The ACM identifies flexibility as a key theme in the energy transition, especially to reduce grid congestion. Flexibility is required at various levels in the chain. The ACM expects grid operators to encourage flexible grid use, while suppliers and producers will also need to adapt their offerings to users accordingly. For households and businesses, this is expected to mean that they can no longer automatically rely on a fixed transport right. In practice, this could mean they would no longer have a continuous right to electricity transport, but for example only during off-peak hours or only for a limited number of hours per day. Given the increasing dynamics and unpredictability of energy availability, the ACM also believes that governments and regulators need more flexible regulation and decision-making.

More broadly, the energy transition indeed challenges the existing legal framework. For example, the Arnhem-Leeuwarden Court of Appeal confirmed late last year that, under the Dutch Electricity Act 1998, an energy supplier is required to net (salderen) electricity fed back into the grid on an annual basis - even where a dynamic energy contract applies. This means that the consumer purchases energy from the supplier at a tariff that is adjusted every fifteen minutes, while the excess energy that the consumer feeds back must be set off on an annual basis. The netting scheme will be abolished as of 1 January 2027, but this judgment illustrates that existing regulation is sometimes not flexible enough for new developments such as dynamic energy tariffs.

Another challenge is the market for collective heat. Users of a collective heat network are tied to a single supplier and therefore cannot switch. The ACM supervises this market to protect consumers and businesses against the market power that heat suppliers may gain as a result. The Collective Heat Act (Wet collectieve warmte, Wcw) is expected to enter into force on 1 January 2027. In 2026, however, the ACM will publish, among other things, a roadmap and a feasibility and enforceability assessment of the Collective Heat Decree (Besluit collectieve warmte, Bcw).

In consultation with the Ministry of Climate and Green Growth (KGG), the ACM is working towards a reference tariff for small collective systems, which will be included in the Bcw. In addition, the ACM will set maximum heat tariffs for 2027.

In addition to the focus areas above, the ACM will continue to supervise the energy market more broadly. Through a market study and the certification of price comparison tools, the ACM aims to create more clarity for consumers in the growing range of new energy products. Through the Decree on the regulatory methodology, a sector agreement and the review of investment plans, the ACM seeks greater transparency from grid operators. We can also expect ACM publications on several other topics. These include papers on underground CO₂ storage, the phase-out of gas use, and tariff regulation for hydrogen. The ACM will also advise the new Minister of KGG, including on the capacity mechanism and a new LNG terminal. 

The ACM has published an extensive agenda for its supervision of the energy market. Various decisions and policy rules will follow, with direct legal implications for grid operators, suppliers, producers and consumers. In addition, the ACM will publish direction-setting research and papers. Finally, the ACM is engaging with the new Ministry of KGG to further adapt the legal framework to the energy transition.

We are closely monitoring developments in the energy transition. If you have any questions, please contact Daan van Lier or Leon Mensink.