Energy storage in the Netherlands

Energy storage in the Netherlands

Current regulatory developments

Updated September 2026

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Energy Act has introduced BESS regulatory classification

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BESS projects that relieve congestion receive high priority access to transport capacity

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National implementation EU Batteries Regulation well underway

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758 MW installed capacity (2024); 2030 outlook (TenneT TSO): 5-7 GW

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Capacity mechanism to be designed explicitly taking energy storage into account

Five things to know about BESS in the Netherlands.

The Energy Act has introduced a regulatory classification relevant to BESS. Under the Energy Act (in force as from 1 January 2026) a BESS will in principle qualify as an ‘installation’, more specifically as an ‘electricity storage facility’. In line with the Electricity directive (2019/944), ‘electricity storage’ is defined as deferring the final use of electricity until a later time than when it was produced, or converting electrical energy into a form of energy that is stored for later conversion back into electrical energy or for use as such in the system.

The ownership, lease, construction, operation and exploitation of BESS, is regarded as a commercial market activity. TSOs and DSOs for electricity may only engage in electricity storage activities (i) if the electricity storage facility is a ’fully integrated network component’ used to ensure the safety and reliability of the grid (i.e. not for trading, balancing, congestion management) or (ii) if the energy storage facility is necessary for performing the TSO’s/DSO’s operation and development task (which market players are not prepared to offer) and only with an ACM (Dutch energy regulatory) exemption which is re-evaluated from time to time, again in line with the Electricity directive.

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Grid capacity shortage is a defining market characteristic, but creates opportunity for well-positioned BESS projects. A system operator is required to pro-actively seek and grant transport capacity to a party developing a BESS project with the highest priority over other transport capacity requests, provided that (i) the BESS is located in a grid-congestion area (ii) the BESS operator qualifies as a congestion reliever, i.e. a party in respect of which the allocation of transport capacity will result in an increase in the available transmission capacity for other parties and does not lead to an increase in congestion in the system operator’s system (or in the system of another system operator) and (iii) the BESS operator has entered into contractual agreements with the system operator stipulating that it will act as a congestion reliever.

BESS operators generally rely on TDTR contracts to improve their business case. Under current transport tariff structures, a BESS operator pays often significant grid charges because it is charged as an offtaker rather than a feed-in party for which no transport tariff applies. In practice, many larger BESS projects therefore currently rely on TDTR (time-based transport right) agreements offered only by TenneT (the Dutch TSO). Under these arrangements, the user is guaranteed its contracted transport capacity (GTV) for at least 85% of the year, while TenneT may restrict capacity for up to 15% of the year. In return for this flexibility, TDTR users benefit from significantly (50%+) lower transport tariffs for offtake. Dutch industry association Energy Storage NL is advocating for a tariff exemption for storage assets.

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The national implementation of the EU's Batteries Regulation (2023/1542) is well underway. The Dutch legislator is pursuing this through parallel tracks. It has drafted an Implementation Decree (Uitvoeringsbesluit hoofdstuk VIII EU-verordening batterijen) implementing only the Chapter VIII rules on managing waste batteries, requiring a producer register and administrative rules for producer registration and for approving producer-responsibility organizations, together with a prohibition mechanism allowing breaches to be sanctioned. The draft decree has not yet been published. The remaining part of the Regulation, including Chapters II and III, will require amendments to the Environmental Management Act (Wet milieubeheer) set out in the proposed ‘Act implementing the EU Regulation on the shipment of waste and implementing several other EU legal acts’ (Wet uitvoering EU-verordening overbrenging van afvalstoffen en implementatie enkele andere EU-rechtshandelingen). This legislative proposal has been sent to Parliament, but has not yet been passed into law.

Credentials

Statkraft on the sale of its Dutch renewables development platform including solar, wind and battery storage assets

advising an offtaker on Dutch energy regulatory and trading requirements

Green Fractal Background
"This firm has very good sector knowledge in real estate and energy. It understands the commercial and legal needs of their client very well.” “The team is very professional, attentive and helpful.” Legal 500 Netherlands

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