ESNL Responds to the Summary Report on the Amendment to the Energy Storage Systems Regulation

The Hazardous Substances Publication Series (PGS 37-1 and 37-2) contains guidelines for the safe use and storage of energy storage systems and batteries. These guidelines are currently being incorporated into national regulations, thereby establishing uniform national rules for energy storage for the first time. As part of this process, the Ministry of Infrastructure and Water Management (IenW) has submitted a proposal for public consultation online and has since published a report outlining the main points.

In April, ESNL, along with more than sixty other parties, participated in the online consultation a comment issued in response to the draft amendment to the Energy Storage Systems Decree. The summary report contains the Ministry of Infrastructure and Water Management’s response to this online consultation.

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.

Improvements for Mobile Power Systems & Non-Lithium Energy Storage Media

Several points raised by ESNL have been incorporated into the outline report. For example, non-lithium energy storage devices, such as lead-acid batteries and redox-flow batteries, are no longer within the scope of application. The rules will apply only to lithium- and sodium-based energy storage systems.

In addition, the regulations governing mobile energy systems are being relaxed. For example, the notification period for a mobile energy system is being shortened from four weeks to one week, or as soon as possible in the event of an emergency. It will also be possible to specify an operational area for mobile energy storage systems instead of a single location. These changes significantly increase the flexibility of mobile energy systems.

Ongoing concerns about social distancing guidelines and alignment with existing frameworks

The summary report does not specifically address the exact relationship and hierarchy between the PGS 37-1 guideline and the European Battery Regulation. However, the ministry states that the decision falls within the scope of applicable European regulations. The reference to the PGS guidelines is incorporated through the Environmental Regulation.

A number of points raised by ESNL are only briefly addressed in the outline report. For example, ESNL requested greater clarity regarding the application of distance requirements for different categories of buildings and locations. In the subsequent elaboration, it was clarified that these distance requirements do not apply to buildings and locations that have a functional connection to the energy storage facility. The overlap with the PGS guidelines and the internal safety distances specified therein remains a point of concern for the sector.

ESNL’s main concerns centered on the distance standards in Table 4.1052fa. These are based on a conservative RIVM methodology with assumptions that do not adequately reflect the current state of battery technology. Although the ministry acknowledges that the methodology used is conservative, it has explicitly chosen to maintain these fixed distances as a basis to ensure uniformity and feasibility. In practice, this can lead to disproportionate distance requirements, particularly for modern lithium iron phosphate (LFP) systems.

However, a limited distinction is made between battery technologies (such as LFP and NMC), and it becomes possible to perform project-specific risk assessments (QRAs). However, these calculations must be based on the same RIVM methodology, and it remains unclear to what extent this will be accepted in practice as an alternative to the fixed distance standards.

Call ESNL

ESNL calls on the ministry to explicitly clarify the relationship between PGS 37-1 and the European Battery Regulation in the further elaboration of the decision. Now that the reference to PGS guidelines is being formalized through the Environmental Regulation, it is all the more important that the hierarchy between European and national frameworks be clearly established in legal terms. The European Battery Regulation is the leading framework in the areas of product safety and sustainability; therefore, it must be unequivocally ensured that European rules take precedence over national guidelines. This prevents conflicting obligations and ensures a consistent and future-proof regulatory framework for the sector. In addition, ESNL advocates for the distinction between vulnerable and highly vulnerable buildings—as defined in PGS 37-1 and 37-2—to be consistently implemented in the regulations, so as to prevent unintentionally stricter requirements and differences in interpretation in practice.

ESNL also emphasizes the importance of reevaluating the distance standards in Table 4.1052fa. The current system is based on conservative assumptions that are insufficiently aligned with modern battery technologies, which can lead to disproportionate requirements and barriers to the deployment of energy storage. ESNL therefore calls for a more realistic and risk-based approach, in which project-specific risk assessments (QRAs) are truly recognized and applied as a fully-fledged alternative, thereby creating room for tailored solutions without compromising safety.

A significant portion of ESNL’s proposals from the online consultation did not receive a substantive response; these points of concern therefore remain just as relevant.

Follow-up process

Once the consultation procedures have been completed, the amended draft decree will be submitted to both Houses of the States General and then referred to the Advisory Division of the Council of State for its opinion. The decree and the accompanying regulation are currently scheduled to take effect on January 1, 2028.