Energy suppliers cannot adjust contracts with fixed prices when ETS-2 and blending requirement for green natural gas come into effect
Summary
- Suppliers cannot increase the fixed supply prices of natural gas in response to the future ETS-2 tax or the blending requirement for green natural gas.
- Changes to supply prices are, in principle, permitted only in the case of changes to system operation costs, energy taxes, or VAT.
- ACM has informed all suppliers via a letter.
Energy suppliers cannot offer fixed contracts for the supply of natural gas in which prices can be adjusted when the new rules regarding the CO2 tax (ETS-2) and the blending requirement for green natural gas come into effect. The Netherlands Authority for Consumers and Markets (ACM) has confronted (in Dutch) energy suppliers that offered contracts containing such price-adjustment clauses with these rules, after which these suppliers removed those clauses.
Manon Leijten, Member of the Board of ACM, explains: “The purpose of fixed contracts is to offer people certainty about the prices they must pay throughout the entire contract period. That’s why fixed contracts must truly be fixed contracts. Suppliers cannot adjust the fixed contracts just like that when the blending requirement for green natural gas or the rules regarding ETS-2 come into effect.”
What was this case about?
New rules will be introduced that can increase energy costs. The European ETS-2 system will come into effect on January 1, 2028. This system mandates energy suppliers to pay for the CO2 emissions of natural-gas supply to households. Additionally, the blending requirement for green natural gas is expected to come into effect on January 1, 2027. This means that suppliers are required to blend in a gradually increasing percentage of green natural gas. The idea behind this is to stimulate the production of green natural gas, and to reduce CO2 emissions.
An ACM investigation revealed that some suppliers offered fixed contracts in which they could still raise the fixed prices for natural gas when these rules come into effect. As a result, these fixed contracts may turn out to be more expensive than expected, and it becomes difficult to compare contracts with one another. That is why this is not allowed, according to ACM.
Energy suppliers can adjust the prices for the supply of natural gas or electricity in fixed contracts in exceptional situations only. As yet, ACM only sees an adjustment opportunity in the case of changes to system operation costs, energy taxes, or VAT.
ACM has informed all energy suppliers of these rules with a letter. In this letter, ACM also reminds energy suppliers of how they must deal with the phasing-out of the net metering scheme for fixed contracts.
Related topics
- 06-08-2026 Letter to all licensed suppliers (in Dutch)