The NEa is authorised to take enforcement action. Enforcement is the method by which the NEa safeguards the correct implementation of the Energy for Transport system. The aim of enforcement actions taken by the NEa is to eliminate breaches and thus enforce compliance with legislation and regulations.
Basic principles
Enforcement action by the NEa is based on the following principles:
- The NEa makes every effort to promote compliance through preventive measures.
- The NEa treats all companies equally. This means the NEa exercises due care and consistency in its assessments.
- In principle, the NEa primarily focuses on taking corrective action, i.e. ensuring that companies put a stop to a breach, by imposing periodic penalty payments, or by undoing the impact of a breach by officially determining the relevant facts.
- Whether the NEa also imposes punitive measures depends on the seriousness of the breach and other factors.
Advice and support
The NEa uses the enforcement measures available to it with due regard for the complexity of the legislation and regulations. Therefore, the NEa spends a great deal of time explaining the system through information sessions, training courses, information resources (newsletters), and support via the NEa helpdesk. Rather than focusing only on taking corrective and/or punitive action after the fact, the NEa prefers to prevent breaches as much as possible by providing targeted compliance support.
Legal basis
The legal provisions governing the supervision and monitoring of the Energy for Transport system are laid down in Section 5.10(1) of the Environmental Permitting (General Provisions) Act (Wet algemene bepalingen omgevingsrecht), Chapter 5 of the General Administrative Law Act (Algemene wet bestuursrecht), and Chapter 18 of the Environmental Management Act.
The latest versions of these laws are available at www.overheid.nl.
Enforcement tools
In its capacity as an independent regulator, the NEa assesses whether companies comply with the Energy for Transport legislation and regulations. The NEa also enforces this legislation and regulations and can therefore respond to identified breaches using a range of enforcement tools.
Corrective action can take the form of:
- periodic penalty payments;
- official correction of fuel deliveries (delivery for final consumption) or official correction of the quantity of renewable energy for transport registered;
- blocks on an REV account or account facility.
Punitive action can take the form of:
- an administrative warning;
- an administrative fine.
In addition to this, the NEa may take action by reporting an offence to the Public Prosecution Service or filing a complaint with a voluntary scheme or verification body.
In addition to the imposition of an administrative fine (punitive action), the NEa can take preventive and corrective measures:
- Preventive measures by the NEa are aimed at preventing breaches through the provision of general, target group-oriented and company-specific information.
- Preventive measures by the NEa include official correction of the renewable energy registered or the fuel deliveries registered (delivery for final consumption).
An enforcement decision is always preceded by a draft decision, in relation to which the non-compliant party is able to express its opinion. Once the deadline for expressing an opinion has passed, the NEa will make a decision. The non-compliant party is able to lodge an objection to this decision with the NEa and can, in case it disagrees with the decision on the objection, appeal to an administrative court.
The level of an administrative fine is determined by:
- The seriousness of the breach;
- The amount of the energy content of the registering or annual obligation affected by the breach;
- The imputability;
- The economic advantage, if any.
The level of a penalty payment depends in part on the seriousness of the breach. For the remainder, it is the specific circumstances that will determine how forceful the incentive to comply should be.