Activities Decree environmental management and energy: a guide for businesses
Direct answer
The Activiteitenbesluit milieubeheer was the Dutch national set of general environmental rules for businesses, and for many years it contained the energy saving obligation. Since the Environment and Planning Act (Omgevingswet) took effect on 1 January 2024, the Activiteitenbesluit has largely lapsed. The energy provisions now sit in the Besluit activiteiten leefomgeving (Bal). The obligation itself remained; only its legal location changed.
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Activities Decree environmental management and energy: scattered information versus Energy Intelligence
For a long time, Dutch businesses received their environmental rules not through an individual permit but through general national rules. These were set out in the Activiteitenbesluit milieubeheer, which also contained the well known energy saving obligation. On 1 January 2024 the Omgevingswet took effect and this framework moved. Anyone still using an old manual or advisory note that refers to the Activiteitenbesluit will be searching in a decree that has largely lapsed. This topic helps you keep the old and the new legal location apart.
- The Activiteitenbesluit milieubeheer set out general environmental rules for businesses and for years contained the energy saving obligation.
- Since 1 January 2024 that obligation falls under the Omgevingswet, specifically the Besluit activiteiten leefomgeving (Bal) and, for buildings, the Besluit bouwwerken leefomgeving (Bbl).
- The duty to carry out energy saving measures with a payback time of five years or less did not change in substance; only its legal location moved.
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What was the Activiteitenbesluit milieubeheer?
The Activiteitenbesluit milieubeheer was a decree under the Dutch Environmental Management Act (Wet milieubeheer) with general environmental rules for many businesses. It used the concept of an inrichting (establishment): if your business met the rules, many activities needed no separate environmental permit. The decree covered matters such as noise, air, soil, wastewater and energy. The energy saving obligation was a fixed part of it: businesses above a certain energy use had to take measures that pay back within five years. For most entrepreneurs without complex or heavy installations, the Activiteitenbesluit was the central environmental framework for years.
- General national environmental rules under the Wet milieubeheer, based on the concept of an establishment.
- Covered matters such as noise, air, soil, wastewater and energy.
- Contained the energy saving obligation for businesses above a certain consumption threshold.
- For many activities it removed the need for a separate environmental permit.
What changed on 1 January 2024?
On 1 January 2024 the Omgevingswet took effect. With it, the Wet milieubeheer and the Activiteitenbesluit milieubeheer largely lapsed. The concept of an establishment disappeared; the Omgevingswet now designates environmentally burdening activities for which national rules apply. Those rules are set out in the Besluit activiteiten leefomgeving, in short the Bal. Not every rule moved across one to one: some former provisions ended up in the municipal environmental plan. For the transition, was-wordt (as-was, as-is) tables were produced, so you can trace an old article to its new place. Transitional law also applies to situations already under way on 1 January 2024.
- The Omgevingswet replaced the Wet milieubeheer and the Activiteitenbesluit on 1 January 2024.
- The concept of an establishment lapsed; rules now apply per designated environmentally burdening activity.
- The national environmental rules now sit in the Besluit activiteiten leefomgeving (Bal).
- As-was, as-is tables and transitional law help trace old rules to their new place.
What does this mean for your energy saving obligation?
In substance, little changes for your business: the energy saving obligation remained. Only its legal location changed. The obligation now sits in the Besluit activiteiten leefomgeving for the activities at a location, and in the Besluit bouwwerken leefomgeving for the building. It applies from an annual energy use of 50,000 kilowatt-hours of electricity or 25,000 cubic metres of natural gas (equivalent) per location. You then carry out all measures with a payback time of five years or less. You report on those measures through the information obligation and, at higher consumption, the research obligation. For most businesses the practical task stays the same; in your documents, refer only to the correct, current regulation.
- The obligation applies from 50,000 kWh of electricity or 25,000 m3 of natural gas (equivalent) per location per year.
- Current location: Besluit activiteiten leefomgeving (Bal) for activities, Besluit bouwwerken leefomgeving (Bbl) for the building.
- You carry out measures with a payback time of five years or less, often via the Recognised Measures List.
- You report through the information obligation and, at higher consumption, the research obligation for energy saving.
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