Energy Storage NL responds to draft amendment decree on energy storage systems

ESNL welcomes the government's initiative to create more uniformity and clarity for energy storage systems through national regulations. Clear and workable regulations are essential for the safe scale-up of energy storage, a technology critical to reducing grid congestion, integrating renewable energy and increasing security of supply.

At the same time, ESNL concludes that the present draft amending decree in its current form does not adequately reflect the state of technology and practice. As a result, the proposal threatens to unnecessarily hinder the development of energy storage and thus delay the energy transition. For this reason, ESNL cannot endorse the amendment decree in this form.

Major concerns about distance standards and connection to existing frameworks

A major concern is the lack of an explicit link and hierarchy between the PGS 37-1 Directive and the European Battery Regulation, especially where product safety and sustainability are concerned.

In addition, ESNL points out inconsistencies in the application of the distinction between vulnerable and highly vulnerable buildings, which in practice can result in more stringent requirements than intended in the PGS guidelines.

The biggest concerns, however, concern the distance standards in Table 4.1052fa. According to ESNL, these are based on an outdated RIVM methodology with assumptions that are not representative of modern battery technologies, such as LFP systems. This leads to disproportionately conservative distance requirements, which can unnecessarily block projects - especially in inner-city and mobile applications.

ESNL also warns that in practice this table will be used as a hard standard, while not enough room is left for project-specific risk assessments (QRAs), precisely where customization is appropriate.

Article-by-article comments and suggestions for improvement

In addition to these more generic concerns, ESNL's response also addresses the draft amendment decree article by article. For each relevant article, we substantiate where bottlenecks, ambiguities or disproportionate effects are anticipated, and we make concrete proposals to bring the decree more into line with practice, without making concessions on safety. By doing so, ESNL aims not only to address concerns, but also to offer constructive improvements for workable and future-proof regulations.

Safe and workable

ESNL stresses that regulations must be safe, but also workable, proportionate and future-proof. In its current form, the proposal falls short of this. ESNL offers to clarify the points raised and discuss them with the Ministry, with the aim of arriving at regulations that guarantee safety and leave room for the further development of energy storage in the Netherlands.

Read the full response from Energy Storage NL here