New rules for motorway service areas under review: what changes for drivers?
The Council of State has advised the Dutch government on new regulations for motorway service areas, affecting fuel, charging stations, and convenience stores. Drivers may soon face changes in availability and competition, but key details remain unclear.
| Key Data | Details |
|---|---|
| Subject | Draft bill on facilities at motorway service areas |
| Issuer | Advisory Division of the Council of State |
| Date of Advice | 25 March 2026 |
| Publication Date | 30 March 2026 |
| Facilities Covered | Charging stations, convenience stores (food, drinks, travel products) |
| Excluded from Bill | Sale of motor fuels |
| Licensing System | Auction-based operating licences |
| Transition Provision | Allows operators to run both petrol and charging stations (criticized) |
| Distance Rule for Charging | 25 km minimum between consecutive charging stations of the same brand |
| Government Responsibility | Minister of Infrastructure and Water Management to establish infrastructure plan |
| Financial Implications | Not yet addressed in explanatory memorandum |
The Council of State is an independent advisory body that reviews draft legislation for legal quality and feasibility before it is submitted to parliament. Its role ensures that government policies are well-founded and comply with existing laws, including European directives.
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external link to whydonate.comRead the full translated article below
Advice on Act on Facilities at Service Areas
The Advisory Division of the Council of State issued its advice on 25 March 2026 regarding the draft bill regulating the market structure for the provision of facilities at service areas. The advice was published on the Council of State’s website on 30 March 2026.
Content of the draft bill
Service areas along Dutch motorways provide facilities where road users can refuel, charge their vehicles, or purchase food and drinks. This draft bill regulates the provision of such facilities to ensure safe and efficient use of roads by public traffic. The Minister of Infrastructure and Water Management will establish an infrastructure plan for service areas along motorways and set frameworks for the auctioning of operating licences for charging stations and so-called ‘convenience stores’ at service areas. These stores allow motorists to buy food, drinks, or other travel-related products. The draft bill also introduces the so-called transition provision, which would allow an operator to run both a petrol station and a charging station.
Responsibility and sustainability
The Advisory Division endorses the need for new legislation governing facilities at service areas. However, it notes in its advice that it is unclear what the new responsibilities and risks of the draft bill are for the central government and what the consequences might be. The Advisory Division also raises questions about why the sale of motor fuels has been excluded from the scope of the draft bill, about possible alternatives to the proposed licensing system, and about the possibility of adjusting the policy in response to unforeseen circumstances and policy developments. The government must clarify these points further.
Transition provision
The Advisory Division advises the government to abandon the proposed transition provision. This provision deviates from the principle of a level playing field that underpins the draft bill and must be convincingly justified. Moreover, it raises questions in light of the European Services Directive.
Transitional policy
The draft bill includes transitional provisions. The advice is to better justify the adjustments to the duration of licences under the transitional policy. The specific choices regarding roadside restaurants, the area criterion for charging stations (the rule that two consecutive charging stations of the same brand must be located more than 25 kilometres apart), and the transition provision also raise questions. The Advisory Division advises the government, when making these choices, to consider other forms of transitional policy and transitional law where necessary and to adjust the draft bill accordingly.
Financial implications
Finally, the advice is to address in the explanatory memorandum to the draft bill the possible financial implications for the central government.
Conclusion
The advice to the government is to amend the draft bill and take the comments in the advice into account.
Read the full advice of the Advisory Division here.