The (draft) ‘Normative Regulation on Work-Related Passenger Mobility’ (in Dutch: Normerende regeling werkgebonden personenmobiliteit) applies to employers with 100 or more employees and contributes to making work-related person mobility sustainable, as agreed in the Climate Agreement 2019. Since more than half of the traffic is work-related, the government believes employers can play a major role in reducing the negative effects of work-related mobility on the climate. The draft regulation was planned to enter into force on 1 January 2022, but has been postponed until further decision-making by the next government.
The draft regulation applies to employers with 100 or more employees and aims to achieve CO2-reduction on work-related person mobility. Under this regulation, the employer is responsible for work-related mobility, consisting of i) home-work mobility and ii) business mobility (trips the employee is required to make in order to perform his duties).
In order to achieve CO2-reduction on work-related mobility, employers are required to report annually on both business and home-work mobility. The purpose of the annual reporting is, among other things, to determine whether the CO2-norm is being met and to collect (more) data on CO2 emissions. A digital reporting system, including an online tool to calculate CO2 emissions, is expected to become available on 1 January 2023.
As of 1 January 2026, the total CO2 emissions from business kilometres travelled per employer may not exceed the average emissions per business kilometre for that year: 96 grams per kilometre (g/km). The norm for business mobility will apply for four years and will then be assessed. Employers who do not yet meet the norm, therefore have until 1 January 2026 to comply.
The draft regulation provides some suggestions on how employers can achieve the norm, but emphasises that employers have complete freedom of choice as to the measures to be taken:
- Reduce work-related mobility by encouraging virtual appointments;
- Changing the usual mode of transport to, for example, electric bicycles or public transport;
- Making the company’s lease construction more sustainable/greener;
- Offering an adjusted travel allowance for cleaner cars.
The draft regulation does not yet include a norm for home-work mobility, as there is currently too little data available for this. Therefore, until 1 January 2026, data will be collected via annual reporting to gain insight into the patterns of CO2 emissions from home-work mobility.
In addition, it looks at the extent to which an employer is able to influence the CO2 emissions of home-work mobility. This mobility partly takes place in the private sphere of the employee and the employer has no insight into this.
Supervision and enforcement of the regulation will be the responsibility of the municipalities and provinces. After each four-year period, employers will be assessed to see whether they meet the applicable norm. If the annual reporting obligation or the norm is not met or not met on time, a penalty may be imposed.
According to the draft regulation, there is no immediate need for employers to take action. After the regulation enters into force, the most important obligations for an employer are to complete the annual report and to comply with the norm for business mobility as of 1 January 2026.
The regulation was initially planned to enter int force on 1 January 2022, but the final decision is left to the next government. It is therefore possible that the scheme will be adjusted in the future. We will of course keep you informed of developments.
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Do you have any questions about the draft regulation? Please contact one of our lawyers.