There is not one regulation, there are three
People search for "the ERE regulation" as though it were a single text you could open. It is not. The rules are spread across three levels, and which level you need depends on what you want to know.
| Level | Document | What it contains |
|---|---|---|
| Act | Environment Act (Omgevingswet), section 9.7 | What an ERE is, the ERE-E for electricity, the transition from HBE to ERE, and the fossil reference value of 183 g CO₂eq/MJ |
| Order in council | Besluit energie vervoer (BWBR0040922, in force 2026-06-20) | The statutory basis. For the term "address" it refers to the Wet WOZ, article 16 parts a to e, and for "direct line" to the Energiewet, article 1.1. Contains the exclusivity requirement and the 1 April deadline. No annual parameters. |
| Ministerial regulation | Regeling energie vervoer (Staatscourant 2026, no. 15748, regulation of 23 April 2026, Ministry of Infrastructure and Water Management) | The implementing rules and the annual figures: the fossil reference value of 183 g CO₂eq/MJ for electricity and 94 for liquid and gaseous fuels, the booking threshold of 2 million kWh (article 9) and the alternative threshold of 200 authorisations |
The three levels of ERE regulation. Source: Besluit energie vervoer (BWBR0040922) and Regeling energie vervoer (Stcrt. 2026, no. 15748), with the NEa's explanation of the statutory basis.
From top to bottom it gets more concrete. The act establishes that ERE’s exist and what they mean. The decree governs who may book in and under what conditions. The regulation fills in the numbers.
One detail that causes confusion: the decree does not define several terms itself, but refers to other legislation. "Address" in the decree means an immovable property within the meaning of the Wet WOZ, which is why the NEa works with the WOZ object rather than the cadastral address. And "direct line" is defined in the Energiewet. So anyone wanting the exact conditions for a direct line has to look in the Energiewet, not in the decree.
Why that layering matters
This is the point most summaries leave out, and it is precisely the useful one: the annual figures sit in the regulation, not in the decree.
That means a parameter can change without the act or the decree changing. The grid-average renewable share is the clearest example: for 2026 it stands at 50.5%, and that figure is set by Statistics Netherlands (CBS) on the basis of the Dutch share of renewable electricity two years earlier. So it changes annually, without any legislative amendment.
The practical consequence: if you want to check or justify a percentage or a reference value, whether to your accountant, your verifier or your internal compliance function, you look in the Regeling. For questions of authority and definition, you look in the Besluit. For what an ERE fundamentally is, you are in the Environment Act.
That also explains why summaries of "the ERE regulation" date quickly. A summary that includes the annual figures is partly wrong a year later without anything in the law having changed. Hence the design of this page: the source and contents per level, so you can verify the figure at the source rather than with us.
The system the regulation sits in
The ERE regulation does not stand alone. It is the Dutch implementation of the fuel transition obligation (BTV), administered by the Dutch Emissions Authority (NEa) through the Register Energie voor Vervoer (REV).
The BTV requires that greenhouse gas emissions from transport fuels be reduced by at least 14.5% by 2030, and works with tradable ERE’s in the road, inland shipping and maritime sectors. The European origin is RED III; how that directive works through and why the Netherlands switched on 1 January 2026 is covered in RED III and the fuel transition obligation.
Two dates are hard:
- Before 1 March, supplies from the preceding calendar year must be registered in the REV.
- Before 1 April, obligated parties must hold sufficient ERE’s in their account.
The full annual overview is in the ERE timeline 2026 to 2027.
What the ERE regulation is not
Three confusions that come up often, each with a different answer.
Not a subsidy scheme. An ERE is a tradable unit you earn by supplying renewable energy to transport. The proceeds come from the market, from fuel suppliers under an obligation, not from the government. There is no application desk, no award decision and no subsidy ceiling. What there is to say about subsidy, including how an SDE++ award can limit your yield, is on is an ERE a subsidy?
Not a permit or policy rule you apply for. You do not apply for "the regulation". You register an account in the REV, or you authorise a service provider to do so on your behalf. How that works is covered in the step-by-step guide to ERE registration.
Not the same as the former HBE system. The ERE system replaced the HBE system on 1 January 2026. For ongoing booking there is no continuing conversion factor between HBE’s and ERE’s; since 2026 the system steers on CO₂ emission reduction rather than on energy content. There is a one-off transition factor of 46 for balances that account holders saved into the new compliance year: those are multiplied by 46 on 1 May 2026. That is a balance conversion at the transition, not a general equivalence. The full comparison is in HBE versus ERE.
Which rules apply specifically to your charge point
If you are searching the charge point variant of this question, three requirements are what matter in practice. They appear briefly here; each has its own page with the full treatment.
Exclusivity and offtaker status. The connection or metered allocation point must be intended exclusively for transport, and you must be registered as the offtaker on that connection in the grid operators' central connections register. A secondary allocation point alone is not enough. Worked out in ERE registration.
A MID meter inside the charge point. Since 1 January 2026 the MID-certified meter must be integrated into the charge point. Companies that booked in with an external meter before 2026 have a transitional year until 1 January 2027; private individuals have no transitional year. For a home charger the exclusive connection is the first route, and the MID meter in the charge point is what remains if that is absent and cannot be installed. Worked out in MID certification and metering requirements.
Validated metering data. Your charging sessions must be attributable to a supply point and a period. What that yields, and where the yield runs aground, is on what a charge point earns.
More on the regulation
This is how Voltico's ERE service provision works within these rules, from the data connection through to payout.
What Voltico does for you here
Voltico tracks the Regeling energie vervoer and its annual figures for you, and translates changes into what they mean for your registration. You do not have to check three levels of regulation yourself to know where you stand.