Pulse Newsletter January 2025

Permit requirement for internal netting

January 28, 2025

In its ruling of 18 December 2024, the Netherlands’ Council of State ruled that if a project uses internal netting with legally permitted nitrogen emissions and depositions (intern salderen), a nature permit is required. The Council of State reverses a previously determined ruling that from 1 January 2020 this was not necessary. The new ruling will have an impact on many projects in the Netherlands, including projects that have already been permitted.

Electricity windfall tax: What you need to know!

January 28, 2025

Mid-2024 the Dutch Senate adopted the long-awaited Inframarginal Electricity Levy, otherwise known as the temporary “electricity windfall tax.” This temporary tax is based on an EU-wide regulation from the European Commission. Electricity producers falling under its scope, be aware: The filing deadline of both the tax return and the so-called “market revenue report” is 31 March 2025!

Hydrogen’s Future: Navigating RED III and RFNBOs in the Netherlands

January 28, 2025

As part of the European Green Deal, the “Fit for 55” legislative package aims to reduce greenhouse gas emissions by 55 percent by 2030 compared to 1990 levels. A key component of this initiative is the increased use of renewable hydrogen. To support this goal, the European Union has updated its Renewable Energy Directive (RED III).

Financing of ground lease projects, a closer look at designated use of land clauses

January 28, 2025

In this contribution, we will focus on the right of the ground lease (erfpacht) (Ground Lease). In our experience, energy/industrial projects are regularly constructed on land on which the landowner has created a Ground Lease in favor of the project developer. Often, these landowners are (local) governments or major air and seaport authorities who wish to maintain a certain amount of control and influence on how the land in their respective area is used—for instance, to safeguard the logistical hub function of an airport. This means that parties active in the energy field regularly come across Ground Lease when land is issued for development new projects.