Machine Translated by Google Laws of environmental Conservation (Text valid on: 19-03-2012) • • Act of 13 June 1979, containing regulations relating to a number of general topics in the field of environmental hygiene • • We Juliana, by the grace of God, Queen of the Netherlands, Princess of Orange Nassau, etc., etc., etc. All who shall see or hear these read, salute! do know: As We have considered that it is desirable, in addition to the legal regulations applicable to the various parts of the field of environmental hygiene, to lay down rules with regard to a number of general subjects in that field; So it is that We, having heard the Council of State, and with common deliberation of the States, General, have approved and understood, as We approve and hereby understand: • Chapter 1. General § 1.1. General Article 1.1 o 1. In this Act and the provisions based on it, the following definitions apply: advisors: administrative bodies that must be given the opportunity by virtue of a statutory provision to issue advice with regard to issuing a decision or taking another decision; waste management plan: waste management plan, referred to in Article 10.3; waste: all substances, preparations or objects that the holder discards, intends to discard or is required to discard; waste trader: natural or legal person who acts as responsible party for the commercial purchase and subsequent sale of waste, including natural or legal persons who do not physically possess the waste; waste holder: waste producer or the natural or legal person who has the waste in his possession; waste broker: natural or legal person who commercially organizes the removal or recovery of waste on behalf of others, including natural or legal persons who do not physically possess the waste; Machine Translated by Google waste producer: natural or legal person whose activities generate waste or who carries out pre-treatments, mixing or other operations that lead to a change in the nature or composition of that waste; waste ordinance: the ordinance referred to in Article 10.23; waste facility: establishment where only extractive waste is dumped or collected, or the part of an establishment where extractive waste is dumped or collected; category A waste facility: waste facility classified by the competent authority in category A, in accordance with the criteria set out in Annex III to the Extractive Waste Management Directive; waste water: all water that the holder discards, intends to discard or is required to discard; industrial waste: waste, not being household waste or hazardous waste; industrial waste water: waste water that is released by man on a commercial basis or to an extent as if it were commercially undertaken activities, which is not domestic waste water, run-off rainwater or groundwater; waste management: collection, transport, recovery and disposal of waste, including the supervision of those operations and the aftercare of landfill sites after closure and including the activities of waste dealers and waste brokers; relevant administrative bodies: advisors and other administrative bodies that are involved by virtue of statutory regulations in the establishment of the decisions referred to in Article 13.1, paragraph 1. competent authority: administrative body that is authorized to issue a decision or take another decision; appendix: appendix belonging to this Act; biochemical oxygen demand: mass concentration of dissolved oxygen consumed during five days by biochemical oxidation of organic components excluding ammonium oxidation under conditions specified in a standard of the Netherlands Standardization Institute designated by Our Minister; greenhouse gas: gas, listed in Annex II to the EC Directive on greenhouse gas emission allowance trading; greenhouse gas emission allowance: in accordance with the provisions of and pursuant to Chapter 16 transferable rights, solely for the purpose of complying with the provisions of and Machine Translated by Google comply under that Chapter, to cause emissions of one tonne of carbon dioxide equivalent into the air over a specified period of time; Genetic Modification Committee: the Genetic Modification Committee, referred to in Article 2.26; Environmental Impact Assessment Committee: the Environmental Impact Assessment Committee, referred to in Article 2.17; efficient management of waste: such management of waste that takes into account the applicable waste management plan, or the provisions applicable to the adoption of the plan, or the preferential order indicated in Article 10.4, and the criteria referred to in Article 10.5; EEC Environmental Impact Assessment Directive: Directive no. 85/337/EEC of the Council of the European Communities of 27 June 1985 on the environmental impact assessment of certain public and private projects (PbEG L 175), as amended by Directive no. 97/ 11/EC of the Council of the European Communities of 3 March 1997 (PbEG L 73) amending Directive 85/337/EEC on the environmental impact assessment of certain public and private projects; one tonne of carbon dioxide equivalent: a metric tonne of carbon dioxide or an amount of another greenhouse gas with an equivalent global warming potential; the EC Directive on greenhouse gas emission allowance trading: Directive no. 2003/87/EC of the European Parliament and of the Council of the European Union of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Directive 96 /61/EC of the Council (OJEU L 275); EC Directive on integrated pollution prevention and control: Directive no. 2008/1/EC of the European Parliament and of the Council of the European Union of 15 January 2008 on integrated pollution prevention and control (OJEU L 24); EC regulation on classification, labeling and packaging of substances and mixtures: Regulation (EC) No 1272/2008 of the European Parliament and of the Council of the European Union of 16 December 2008 on classification, labeling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/ 45/EC and amending Regulation (EC) No. 1907/2006 (OJEU L 353); EC Waste Shipment Regulation: Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of the European Union of 14 June 2006 on shipments of waste (OJEU L 190); Machine Translated by Google EC Regulation PRTR: Regulation (EC) No 166/2006 of the European Parliament and of the Council of the European Union of 18 January 2006 on the establishment of a European Pollutant Release and Transfer Register and amending the Directives 91/689/EEC and 96/61/EC of the Council (OJEU L 33); EC Regulation on the Registry of Greenhouse Gas Emissions Trading: Regulation (EC) No 2216/2004 of the Commission of the European Communities of 21 December 2004 on a standardized and secure registry system in accordance with Directive 2003/87/EC of the European Parliament and of the Council and Decision 280/2004/EC of the European Parliament and the Council (OJEU L 386); EC Regulation on the Registration, Evaluation and Authorization of Chemicals: Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH ), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/ EEC, 93/105/EC and 2000/21/EC (OJEU 2007, L 136); emission: substances, vibrations, heat, or noise that are directly or indirectly introduced into the air, water or soil from a source; the emissions authority: the Dutch emissions authority, referred to in Article 2.1; emission limit value: mass related to certain parameters, or concentration or level of an emission from one or more sources, which may not be exceeded during a certain period; emission reduction unit: unit issued in accordance with Article 6 of the Kyoto Protocol and the United Nations Framework Convention Nations on Climate Change or Kyoto Protocol Decisions (ERU); energy from renewable sources: energy produced from renewable energy sources as referred to in Article 2, part a, of Directive no. 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directive 2001/77/EC and Directive 2003/30/EC (OJEU L 140); certified emission reduction: unit issued in accordance with Article 12 of the Kyoto Protocol and the UN Framework Convention United Nations on Climate Change or Kyoto Protocol Decisions (CER); Machine Translated by Google sound: air vibrations perceptible to the human ear; noise nuisance: danger, damage or hindrance, as a result of noise; municipal environmental policy plan: the municipal environmental policy plan, referred to in Article 4.16; separate collection: collection in which a waste stream is kept separate according to the type and nature of the waste in order to facilitate specific treatment; hazardous waste: waste that has one or more of the hazardous properties listed in Annex III to the Waste Framework Directive; reuse: any operation in which products or components that are not waste are reused for the same purpose for which they were intended; domestic wastewater: wastewater mainly originating from human metabolism and domestic work; household waste: waste from private households, except insofar as it concerns collected components of that waste, which are designated as hazardous waste; establishment: any activity undertaken by man on a commercial basis or to an extent as if it were a commercial activity that usually takes place within a certain limit; inspector: official designated as such by decision of Our Minister; population equivalent: biochemical oxygen consumption of 54 grams per day; collection: collection of waste, including preliminary sorting and interim storage of waste, for subsequent transport to a waste processing facility; Waste Framework Directive: Directive no. 2008/98/EC of the European Parliament and the Council of the European Union of 19 November 2008 on waste and repealing a number of directives (OJEU L 312); the water framework directive: directive no. 2000/60/EC of the European Parliament and the Council of the European Union of 23 October 2000 establishing a framework for community measures regarding water policy (PbEG L 327), as amended by decision No 2455/2001/EC of the European Parliament and the Council of 20 November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (PbEG L 331) and including amendments from Machine Translated by Google pursuant to Article 20(1) of the Directive, but otherwise in accordance with the text as established by the Directive; air pollution: presence in the open air of solid, liquid or gaseous substances, other than fissionable materials, ores or radioactive substances as referred to in the Nuclear Energy Act, which alone or in combination or in combination with other substances can cause adverse effects on the environment; national environmental policy plan: the national environmental policy plan, referred to in Article 4.3; NOx emission allowance: in accordance with the provisions of and pursuant to Chapter 16, transferable rights, solely in order to comply with the provisions of and pursuant to that Chapter, to cause an emission of one kilogram of nitrogen oxides into the air during a certain period; recovery: any operation the main result of which is that waste serves a useful purpose by replacing, either in the installation concerned or in the wider economy, other materials that would otherwise have been used for a specific function, or by which the waste is used for that function. prepared, to which operations in any case belong the operations listed in Annex II to the Waste Framework Directive; environmental permit: environmental permit as referred to in Article 1.1, paragraph 1, of the General Provisions Environmental Law Act; environmental permit for an establishment: environmental permit for an activity related to an establishment as referred to in Article 2.1, first paragraph, under e, of the General Provisions Environmental Law Act; Our Minister: Our Minister of Housing, Spatial Planning and environmental management; public rainwater system: facility for the collection and further processing of rainwater runoff, not being a public waste water sewer, managed by a municipality or a legal person charged with management by a municipality; public drainage system: facility for the collection and further processing of groundwater, not being a public waste water sewer, managed by a municipality or a legal person charged with management by a municipality; public waste water sewer: facility for the collection and transport of urban waste water, managed by a municipality or a legal person charged with management by a municipality; preparations: mixtures or solutions of two or more substances; Machine Translated by Google prevention: measures taken before a substance, material or product has become waste, to reduce: ÿ a. the quantities of waste, whether or not through the reuse of products or the extension of the life of products; b . the negative consequences of the waste produced for the environment and human health, or ÿ c. the content of harmful substances in materials and products; Kyoto Protocol: Kyoto Protocol to the United Nations Framework Convention on Climate Change concluded in Kyoto on December 11, 1997 (Trb. 1998, 170, and 1999, 110); provincial environmental policy plan: the provincial environmental policy plan, referred to in Article 4.9; provincial environmental committee: the provincial environmental committee, referred to in Article 2.41; provincial environmental regulation: the regulation referred to in Article 1.2; United Nations Framework Convention on Climate Change: United Nations Framework Convention on Climate Change concluded in New York on 9 May 1992 (Trb. 1992, 189); recycling: recovery by which waste is reprocessed into products, materials or substances, for its original purpose or for another purpose, including the reprocessing of organic waste, and excluding energy recovery and reprocessing into intended materials to be used as fuel or as a filler; extractive waste management directive: directive no. 2006/21/EC of the European Parliament and the Council of the European Union of 15 March 2006 on the management of waste from the extractive industries and amending Directive no. 2004/35/EC (OJEU L 102); urban waste water: domestic waste water or a mixture thereof with industrial waste water, rainwater run-off, groundwater or other waste water; nitrogen oxides (NOx): nitrogen monoxide and nitrogen dioxide, expressed as nitrogen dioxide; Substances: chemical elements and their compounds, as they occur in their natural state or as they arise during manufacture, including all additives necessary to maintain their stability and all impurities resulting from the process used, but excluding any solvent that can be separated without affecting the stability of the substance or changing its composition; Machine Translated by Google dumping: placing waste materials on or in the ground in order to leave them there; processing: recovery or disposal, including preparatory operations prior to application or disposal; disposal: any operation with waste that is not recovery, even if the operation leads in the second instance to the recovery of substances or energy, which operations in any case include the operations listed in Annex I to the Waste Framework Directive; aircraft operator: aircraft operator as referred to in Article 3(o) of the EC Directive on greenhouse gas emission allowance trading; preparation for reuse: recovery consisting of checking, cleaning or repairing, where products or components of products that have become waste are prepared so that they will be reused without the need for further pre-treatment; extractive wastes: wastes that come directly from the prospection, extraction, treatment and storage of minerals and the exploitation of quarries, with the exception of wastes from offshore prospecting, extraction and treatment; RIVM: National Institute for Public Health and the Environment, referred to in the RIVM Act. o 2. In this Act and the provisions based on it: ÿ a. environmental consequences are in any case understood to mean consequences for the physical environment, viewed from the point of view of the protection of people, animals, plants and goods, of water, soil and air and of landscape, scientific and cultural-historical values and of the control of the climate, as well as the relations between them; b . effects on the environment also include effects related to the efficient management of waste or waste water, effects related to the consumption of energy and raw materials, as well as effects related to the movement of persons or goods from and to the facility; ÿ c. environmental protection also includes improving the environment, ensuring the efficient management of waste or waste water, ensuring the economical use of energy and raw materials, as well as ensuring the limitation of the adverse effects for the environment of the movement of persons or goods to and from the establishment. o 3. Categories of establishments are designated by order in council that may cause adverse effects on the environment. o 4. Elsewhere in this Act and the provisions based on it, under establishment means an establishment belonging to a category designated pursuant to the third paragraph. In this respect, the total number of Machine Translated by Google installations belonging to the same company or institution that have mutual technical, organizational or functional ties and are located in close proximity to each other. Our Minister may lay down further rules with regard to what is meant by establishment in this Act and the provisions based on it. o 5. In this Act and the provisions based on it: ÿ a. the disposal of waste also includes the recovery or removal of waste within the establishment in which it originated; b . by the disposal of waste by delivery also means: ÿ 1°. the transfer of waste for recovery or disposal from an establishment to an establishment located elsewhere that belongs to the same natural or legal person; ÿ 2°. the temporary delivery of waste for recovery; ÿ 3°. the delivery of waste to a waste dealer for processing. o 6. If wastes that have undergone a recovery treatment meet the criteria established pursuant to Article 6(1) and (2) of the Waste Framework Directive and also belong to the type of waste to which those criteria apply, they are no longer classified as waste. Our Minister may decide with regard to waste that has undergone treatment for recovery that it is no longer regarded as waste, insofar as no criteria as referred to in the first sentence apply to this waste and Article 6 is also complied with. fourth paragraph, first sentence, of the Waste Framework Directive. A ministerial regulation shall specify which substances, preparations or objects are in any event, without prejudice to the provisions of the first and second sentences, considered to be waste materials if the holder discards them, intends to dispose of them or must dispose of them. Substances, preparations or objects that are by-products within the meaning of Article 5 of the Waste Framework Directive are in any case not considered to be waste if these by-products meet the conditions laid down in that article and with the specified in an implementing measure adopted pursuant to that article. criteria. o 7. By order in council, in the interest of promoting of recovery, it is stipulated that no waste is discarded if substances, preparations or objects designated by that measure: a. ÿ be issued directly by the holder to a person who fully uses these substances, preparations or objects in a manner indicated in that order; b . meet the requirements for that measure. Our Minister may lay down further rules regarding the designation of substances, preparations or objects, the method of application and the requirements referred to in this paragraph. Machine Translated by Google o 8. A waste is in any case regarded as household waste or industrial waste, if that waste has been designated as such by Order in Council. o 9. Our Minister may, if in his opinion an immediate facility is necessary in the interest of efficient waste management, adopt a regulation of the purport referred to in the seventh or eighth paragraph. Such a regulation lapses one year after it has come into effect or, if an order in council to replace that regulation has come into effect within that period, at the time when that order comes into effect. Our Minister may extend the term by ministerial regulation once by a maximum of one year. o 10. Our Minister may lay down further rules regarding the designation of hazardous waste referred to in the first paragraph. Our Minister or a body to be designated by him may also determine that waste, as presented for assessment by the holder: ÿ a. does not possess the properties on the basis of which it must be classified as hazardous waste pursuant to Annex III to the Waste Framework Directive, with the exception of cases in which this is the result of dilution or mixing, intended to reduce the concentration of hazardous substances below the threshold value for hazardous waste; to bring substances; b . although it is not designated as hazardous waste, the possesses properties on the basis of which it must be classified as hazardous waste pursuant to the appendix referred to in part a. o 11. An order in council determines what in this Act and the provisions based thereon are understood to be "genetically modified organisms". o 12. An amendment to the annexes or an amendment to a measure adopted pursuant to Article 5 or 6 of the Waste Framework Directive applies to the application of the descriptions of 'recovery' and 'disposal' given in the first paragraph and to the application of the tenth paragraph, or the first and sixth paragraphs, respectively, shall apply from the day on which the relevant amendment must have been implemented, unless a different time is determined by ministerial decree published in the Government Gazette. o 13. An amendment pursuant to Article 20, first paragraph, of the Water Framework Directive will apply to the application of this Act from the day on which the relevant amendment directive must have been implemented, unless by ministerial decree published in the Government Gazette or otherwise appropriately disclosed, another time to be determined. Article 1.1a o 1. Everyone takes sufficient care of the environment. o 2. The care referred to in the first paragraph in any case means that anyone who knows or can reasonably suspect that his acts or omissions may cause adverse effects on the environment, is obliged to refrain from such acts insofar as this can reasonably be expected, or to take all measures reasonably required of him Machine Translated by Google may be required in order to prevent those consequences or, insofar as those consequences cannot be prevented, to limit or undo them as much as possible. o 3. The provisions of the first and second paragraph are without prejudice to the liability arising from the law and the possibility of legal persons as referred to in Article 1, Book 2, of the Civil Code, to take legal action on that basis. § 1.2. The provincial environmental regulation Article 1.2 o 1. Provincial councils draw up an ordinance to protect the environment vast. o 2. The regulation contains at least: ÿ a. rules for protecting the quality of groundwater with a view to water abstraction in areas designated by the regulation; b . rules on preventing or limiting noise nuisance in areas designated by the regulation. o 3. Insofar as this is of more than municipal importance in the opinion of the provincial council, the ordinance lays down further rules for the protection of the environment. o 4. It may be stipulated in the bye-law that rules laid down in the bye-law only apply to one or more parts of the territory of the province to be designated therein. o 5. The Regulation does not contain any rules regarding the composition or properties of products. With regard to areas designated by Our Minister in agreement with Our Minister of Agriculture, Nature and Food Quality, the Regulation does not contain any rules relating to agricultural management. o 6. The regulation can only contain rules that are directly related to categories of establishments designated by those rules, in so far as this is particularly appropriate from the point of view of efficient regulation, as far as: ÿ the prohibition laid down in Article 2.1, first paragraph, under e, of the General Provisions for Environmental Law Act does not apply to those establishments and those rules are necessary to protect the quality of the groundwater with a view to water abstraction in the ordinance designated areas, or b . it concerns rules containing a prohibition to establish or operate such establishments in areas as referred to under a, or to change such establishments in those areas in a manner to be indicated in that regulation, or to change the operation thereof. o 7. In the case of cases as referred to in the sixth paragraph, the bye-law may provide that the body authorized to grant an environmental permit for an establishment, when granting or changing the permit with regard to the subjects in the associated regulations may deviate from the rules laid down in the Regulation. In that case, the regulation will indicate Machine Translated by Google to what extent the competent authority can deviate from the rules. The Regulation may also provide that the power to deviate only applies in the categories of cases indicated therein. o 8. When adopting the ordinance, the provincial councils take into account the applicable provincial environmental policy plan. Artikel 1.2a The provincial environmental ordinance does not set any rules that limit or exclude the transport of waste materials to or from the province. Article 1.3 o 1. It may be stipulated by the provincial environmental ordinance that designated administrative authorities may grant exemptions from rules designated by that regulation in the categories of cases indicated therein, if the interest of protecting the environment does not dictate otherwise. o 2. The authority referred to in the first paragraph does not apply to establishments for which an environmental permit is required. o 3. When deciding on the application for an exemption, the body concerned will in any event take into account the environmental policy plan applicable to it. o 4. Section 3.4 of the General Administrative Law Act applies to the preparation of a decision pursuant to the first paragraph. If no views can reasonably be expected from the point of view of environmental protection, the provincial environmental regulation may provide otherwise. In application of Article 28, first paragraph, last sentence, of the Services Act, section 4.1.3.3. of the General Administrative Law Act does not apply to the application for a decision pursuant to the first paragraph. Artikel 1.3a o 1. The applicant for an environmental permit that relates to a project of which an activity is part for which an exemption as referred to in Article 1.3, first paragraph, is also required from: ÿ a. rules for the protection of the quality of the groundwater as referred to in Article 1.2, second paragraph, under a, b . rules with regard to activities in, on, under or over a place where the care referred to in Article 8.49 with regard to a closed landfill is carried out, or ÿ c. other rules designated for that purpose by provincial environmental ordinance, ensures that the application also relates to that activity. o 2. The first paragraph does not apply insofar as the activity is permitted pursuant to an exemption as referred to in Article 1.3, paragraph 1, or if such an exemption has been requested for the activity. o 3. The rules designated pursuant to Article 1.3, first paragraph, do not apply insofar as the activities to which those rules relate are permitted pursuant to an environmental permit as referred to in the first paragraph. Machine Translated by Google o 4. It is prohibited to act contrary to a regulation of a environmental permit that relates to an activity as referred to in the first paragraph. o 5. Article 2.2 of the General Provisions Environmental Law Act does not apply to exemptions required pursuant to a provincial environmental regulation. Article 1.3b o 1. Section 3.4 of the General Administrative Law Act and section 3.3 of the General Provisions for Environmental Law apply to the preparation of the decision on an application for an environmental permit as referred to in Article 1.3a, first paragraph. o 2. Insofar as the application for an environmental permit relates to an activity as referred to in Article 1.3a, paragraph 1, the environmental permit can only be granted and the environmental permit will be refused on the grounds specified with regard to an exemption for the activity. in the provincial environmental regulation. o 3. If Article 2.5 of the General Act is applied environmental law provisions, the second paragraph shall apply mutatis mutandis to the decision relating to the first and second phase. o 4. Insofar as the environmental permit relates to an activity as referred to in Article 1.3a, paragraph 1, it may be withdrawn in whole or in part or the associated regulations may be amended, supplemented or withdrawn, or regulations may still be attached to the environmental permit, on the grounds specified in the provincial environmental ordinance with regard to an exemption for that activity. o 5. If rules have been designated by provincial environmental ordinance as referred to in Article 1.3a, first paragraph, under c, the ordinance shall lay down rules with regard to the data and documents provided by the applicant for an environmental permit with a view to the decision on the application with regard to the activities to which those rules apply. Article 1.3c o 1. Rules can be set by the provincial environmental regulation containing the obligation for the competent authority to attach regulations that are necessary for the protection of the environment and the content of which is specified in that regulation, to the environmental permits for activities as referred to in Article 1.3a, first paragraph, or for establishments belonging to a category designated by the Regulation. The Regulation may provide that the rules laid down therein only apply in the categories of cases indicated therein. o 2. Rules as referred to in the first paragraph cannot relate to decisions on licenses for which Our Minister or Our Minister of Economic Affairs is the competent authority. o 3. The regulation determines to what extent the competent authority with regard to subjects specified in the regulation Machine Translated by Google rules may deviate or may impose further requirements. It may also be determined that the power to deviate or to impose further requirements only applies in categories of cases specified in the Regulation. o 4. For the obligations imposed therein, the bye-law indicates the time at which they must be implemented with regard to the environmental permits already granted. Article 1.4 o 1. When preparing the proposal for a provincial environmental regulation, the provincial executive consults with the administrative bodies not belonging to the province concerned. o 2. The provincial executive appoints the provincial environmental commission opportunity to express an opinion on the draft regulation. o 3. The Provincial Executive shall notify Our Minister of a decision to adopt or amend the Regulation. • Chapter 2. Independent administrative and advisory bodies § 2.1. The Dutch emissions authority Article 2.1 There is a Dutch emissions authority, located in The Hague. Article 2.2 o 1. The emissions authority has approved the requirements set out in chapters 16 and 18 and title 12.4 assigned tasks. o 2. The emissions authority is also tasked with: ÿ a. keeping data and drawing up reports with regard to compliance by the Netherlands with a treaty binding on the Netherlands or a decision of an international organization binding on the Netherlands, which aims to limit the emissions of greenhouse gases or nitrogen oxides into the air has; b . collecting data on techniques for determining the emissions of greenhouse gases or nitrogen oxides, to which Title 16.2 and Title 16.3 respectively apply; ÿ c. collecting other information that is important for the performance of its duties; d . reporting to Our Minister and to other general authorities authorities designated by order in council on the development of the emissions referred to under a in the Netherlands, as well as on the other aspects of sustainability of fuels and electricity to be used in the Netherlands for the purpose of transport. o 3. By order in council, insofar as those tasks do not involve the exercise of public authority, the emissions authority may be charged with tasks other than those referred to in subsection 1 or 2, in particular tasks relating to the performance by the Netherlands of a binding treaty or a decision of an organization under international law that is binding on the Netherlands, which aims to limit the emissions of greenhouse gases or nitrogen oxides into the air. Machine Translated by Google o 4. Further rules may be laid down by or pursuant to an order in council with regard to the content of the duties of the emissions authority. Article 2.3 o 1. The board of the emissions authority consists of a maximum of five members. o 2. Our Minister appoints a chairman and a deputy from among the members chair. o 3. The members are appointed for a period of four years. They are can be subsequently reappointed twice. Article 2.4 [Repealed on 01-01-2012] Article 2.5 Members of the board of the emissions authority and employees of the emissions authority are not directly or indirectly involved in the transfer of greenhouse gas emission allowances, emission reduction units, certified emission reductions, allocated units and removal units, except to the extent that this involvement is necessary for the implementation of the provisions of or pursuant to this law. Article 2.6 [Repealed on 01-01-2012] Article 2.7 o 1. Our Minister makes officials available to the board of the emissions authority order. o 2. The board of the emissions authority ensures that the activities arising from Article 18.2f are performed separately from the other activities. Article 2.8 The emissions authority adopts administrative regulations in which its working method is laid down. Article 2.9 [Repealed on 01-01-2012] Article 2.10 [Repealed on 01-01-2012] Article 2.11 [Repealed on 01-01-2012] Article 2.12 [Repealed on 01-01-2012] Article 2.13 [Repealed on 01-01-2012] Article 2.14 [Repealed on 01-01-2012] Article 2.15 [Repealed on 01-01-2012] Article 2.16 Machine Translated by Google o 1. The board of the emissions authority and the administrative body that is authorized to grant an environmental permit for an establishment to which Chapter 16 pertains shall, upon request or on their own initiative, provide each other in a timely manner with all information reasonably required for the performance of their duties. o 2. When providing the information referred to in the first paragraph, it is indicated, where necessary, which information is of a confidential nature. This confidential nature may arise from the nature of the data, or from the fact that persons have provided them to the administrative authorities referred to in subsection 1 under the condition that they shall be regarded as confidential. o 3. [Repealed.] o 4. In case for an establishment to which Chapter 16 relates, the in Article 40, second paragraph, of the Mining Act applies, the board of the emissions authority and Our Minister of Economic Affairs shall, upon request or of their own accord, provide each other in a timely manner with all information reasonably required for the performance of their duties. The second and third paragraphs apply mutatis mutandis. Article 2.16a o 1. Without prejudice to Article 16.8 of this Act and the provisions pursuant to Article 5.3 of the General Provisions for Environmental Law Act, the board of the emissions authority and the administrative body authorized to grant an environmental permit for an establishment to which Chapter 16 of this Act pertains mutually coordinate the performance of the tasks with which they are charged under or pursuant to chapters 16 and 18 of this Act, respectively chapters 2, 3 and 5 of the General Provisions Environmental Law Act. o 2. Without prejudice to Article 16.8, the board of the emissions authority and Our Minister of Economic Affairs, in the event that an establishment to which Chapter 16 of this Act pertains is subject to the prohibition contained in Article 40, second paragraph, of the Mining Act, mutually vote on the exercise of complete the tasks with which they are charged under or pursuant to Chapter 16 of this Act or Article 40 of the Mining Act, respectively. Article 2.16b [Repealed on 01-01-2012] Article 2.16c [Repealed on 01-01-2012] § 2.2. The Commission for Environmental Impact Assessment Article 2.17 o 1. There is an Environmental Impact Assessment Committee. o 2. The task of the committee is to advise the competent authority in accordance with Article 7.12, first paragraph, or Article 7.32, fifth paragraph, in conjunction with Article 7.12, first paragraph, with regard to environmental impact assessments. Article 2.18 Machine Translated by Google Each year the committee shall submit a report on its activities to Our Minister, Our Minister of Agriculture, Nature and Food Quality and Our Minister of Education, Culture and Science. Our Ministers shall make the report public. Article 2.19 o 1. The committee consists of members who are experts in the field of description, protection and pollution and degradation of the environment and in the field of activities designated in accordance with Articles 7.2 and 7.6. o 2. The chairperson and one or more deputy chairpersons of the committee shall be appointed and dismissed by Us on the joint recommendation of Our Minister, Our Minister of Agriculture, Nature and Food Quality and Our Minister of Education, Culture and Science. The nomination to appoint the chairman is made in accordance with the views of the Council of Ministers. o 3. The chairperson and the deputy chairperson or deputy chairpersons may resign at any time by giving written notice to Our Minister, Our Minister of Agriculture, Nature and Food Quality and Our Minister of Education, Culture and Science. o 4. The other members of the committee are appointed and dismissed by the chairman of the committee for a period of five years and are immediately eligible for reappointment. They may resign at any time by written notice to the chairman. Article 2.20 [Repealed on 01-07-2010] Article 2.21 o 1. As soon as the committee is given the opportunity to issue advice with regard to an environmental impact statement, the chairman, after consultation with the deputy chairs, will set up a working group from the members of the committee, which will advise the competent authority. The chairman or the deputy chairman of the committee designated by him is the chairman of the working group. o 2. Only members of the committee are designated as members of a working group who are not or have not been directly involved in the activity or in the alternatives thereto, as referred to in Article 7.7, first paragraph, under b, or Article 7.23, first subsection, under b, or in the case of a plan or a decision in the preparation of which the environmental impact statement is or should be drawn up. o 3. If a member of a working group no longer meets the requirement set out in the second paragraph, the chairman of the working group will, after consultation with the chairman of the committee, release him from his membership of the working group. o 4. The working group may be assisted by experts who are not members of the committee. The second and third paragraphs apply mutatis mutandis. o 5. The chairman of the committee informs the competent authority and the person who prepares or should prepare the environmental impact statement, which members of the committee make up the working group and which experts it is assisted by. Machine Translated by Google Article 2.22 o 1. The opinions are issued in accordance with the opinion of the majority of the members of the working group. o 2. At the request of the members who have defended a position in the working group that deviates from the opinion of the majority, that position will be stated in the advice. These members may attach a separate memorandum to the advice regarding such a position. Article 2.23 The committee has a secretary, who is appointed and dismissed by the chairman, after hearing the committee. The committee has a bureau, which is headed by the secretary. Article 2.24 The committee shall lay down further rules regarding its working method and shall send these to Our Minister. § 2.3. The Genetic Modification Commission Article 2.25 [Repealed on 01-06-2007] Article 2.26 There is a genetic modification committee. Article 2.27 o 1. The task of the committee is: ÿ a. Advise Our Minister on notifications and applications for a license with regard to the manufacture of or trading with genetically modified organisms and on safety measures that must be taken in this context to protect people and the environment; b . the administrative body authorized to grant a environmental permit for an establishment, to advise on applications for a permit with regard to establishments designated by Order in Council insofar as those applications relate to the manufacture of or trading with genetically modified organisms; ÿ c. to advise the administrative body charged with the supervision of the manufacture of or trading with genetically modified organisms with regard to that supervision. o 2. At the request of Our Minister or Our Minister concerned, or from The committee will inform the relevant Minister on its own initiative if there are ethical or social aspects associated with the manufacture of or activities involving genetically modified organisms that, in the opinion of the committee, are important. Machine Translated by Google Article 2.28 Our Minister and Our Ministers concerned shall ensure that the Committee is kept informed with regard to policy in the field of manufacturing or handling genetically modified organisms. Article 2.29 Within a period of four years, the committee shall submit a report to Our Minister, in which at least the task, composition, structure and working methods of the committee are subjected to an investigation and proposals can be made for desired changes. Our Minister shall send this report, together with his position, to both Houses of the States General. Article 2.30 o 1. The committee consists of a chairman and at least fifteen and at most twenty other members. o 2. The chairman and the other members of the committee are appointed on based on their expertise in the field of manufacturing or handling genetically modified organisms and the possible consequences thereof for humans and the environment, including the ecological consequences and the safety measures to be taken. Article 2.31 o 1. The chairman of the committee is appointed by Our Minister. Our The Minister hears the committee before appointing the chairman. o 2. Our Minister shall appoint at least fourteen and at most nineteen other members of the committee. o 3. The chairman and the members are appointed for a period of four years. They are immediately reappointable. o 4. The chairman and the members may resign their position at any time by giving written notice to Our Minister. o 5. Our Minister may, in special cases, appoint the chairman and the other members suspend and be dismissed from office. Article 2.32 o 1. The committee appoints a deputy chairman from among its members. o 2. The deputy chairman may resign his position at any time by written notification to the chairman. o 3. In special cases, the committee may suspend and dismiss the deputy chair from his position. Article 2.33 o 1. The committee is assisted by a secretary. To the secretary can a deputy secretary will be added. o 2. The secretary and deputy secretary are appointed by Our Minister, suspended in their position and dismissed from their position, after hearing the committee. Machine Translated by Google o 3. The secretary is not a member of the committee. o 4. The secretary is solely responsible for the performance of his duties owed to the commission. o 5. Our Minister may provide an office for the committee, which is headed by the secretary. Article 2.34 o 1. The committee can set up subcommittees for certain subjects. o 2. The chairman of a subcommittee is appointed by the committee from its appointed in the middle. Article 2.35 o 1. The committee and its subcommittees may be assisted in their work by persons who are not members of the committee. o 2. Our Minister and Our Ministers of Social Affairs and Employment, of Health, Welfare and Sport and of Agriculture, Nature and Food Quality may, each for their own ministry, designate officials who are authorized to attend the meetings appointed by the Committee and its meetings to be held by subcommittees, on the understanding that no more than one official is present at the meetings of the committee for each of those ministries. Article 2.36 o 1. The meetings of the committee are public. The committee adjusts its decision referred to in Article 2.40 rules regarding the openness of the meetings of the subcommittees. o 2. A meeting or part thereof is not public in cases as referred to in Article 10, first paragraph, of the Government Information (Public Access) Act and in cases in which the importance of publicity does not outweigh the information in Article 10, second paragraph, of that interests mentioned by law. Article 2.37 o 1. The committee's recommendations are issued in accordance with the feeling of the majority of the assembly. o 2. Minority views presented at the meeting are included in or at the advice mentioned. Article 2.38 The committee shall keep the preparatory documents relating to the advice it has issued at the disposal of Our Minister and the administrative authorities referred to in Article 2.27, first paragraph, under b and c . . Article 2.39 o 1. The chairman of the committee consults with Our Minister at least once a year about the activities proposed by the committee Machine Translated by Google for the next twelve months. The committee then establishes the program of its activities and sends it to Our Minister. o 2. For the purpose of preparing the consultation referred to in the first paragraph, the committee shall draw up an overview of its intended activities and shall submit this to Our Minister in good time. The committee will append to the overview an estimate of the costs associated with carrying out the work. o 3. The committee carries out its activities within the framework of the resources that are made available to it annually pursuant to the Budget Act. Article 2.40 The committee shall lay down further rules regarding its working methods and the working methods of its subcommittees and shall send these to Our Minister. § 2.4. The provincial environmental commission Article 2.41 o 1. In accordance with Article 82 of the Provincial Act, the provincial councils and the provincial executive jointly establish a provincial environmental committee, which is heard in advance by the provincial councils and the provincial executive about measures and plans that are significant for provincial environmental management. o 2. Provincial and provincial executives each appoint an equal number members. o 3. The inspector is an ex officio member of the committee. • Chapter 3. International Affairs Article 3.1 [Reserved.] • Chapter 4. Planning § 4.1. General Article 4.1 In this chapter, Our Ministers are understood to mean: Our Minister, together with Our Ministers of Transport, Public Works and Water Management, of Agriculture, Nature and Food Quality, of Economic Affairs, and of Education, Culture and Science insofar as it concerns elements of the environmental policy, which are their responsibility. Article 4.1a o 1. If, pursuant to a decision that is binding on the Netherlands, a organization under international law, a plan or program must be established Machine Translated by Google for which no basis has been included in the law and in respect of which pursuant to Article 2, second paragraph, of Directive no. 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in the preparation of certain plans and programs relating to the environment and, with regard to public participation and access to justice, to amend Council Directives 85/337/EEC and 96/61/EC (OJEU L 156) in consultation with the must be provided to the public, section 3.4 of the General Administrative Law Act applies to the preparation of that plan or programme. The first sentence applies mutatis mutandis to a revision of a plan or programme. o 2. Opinions as referred to in Article 3:15 of the General Administrative Law Act can be put forward by anyone. o 3. An amendment to the directive referred to in the first paragraph or to an annex to that directive will apply for the purposes of this chapter from the day on which the amendment concerned must have been implemented, unless by decision of Our Minister , which is published in the Government Gazette, another time is determined. Article 4.1b o 1. Insofar as the preparation of a plan or . provided for in this Act program listed in Annex I to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in the preparation of certain plans and programs relating to the environment and, with regard to public participation and access to justice, amending Council Directives 85/337/EEC and 96/61/EC (OJEU L 156), the procedure prescribed in chapter 7 applies, only those procedure and the relevant provisions included in other chapters, respectively in this Act, shall not apply insofar as necessary. o 2. An amendment to Annex I to the Directive referred to in the first paragraph shall apply for the purposes of this Chapter from the day on which the amendment concerned must have been implemented, unless by decree of Our Minister, which is stated in the Government Gazette will be published, another time will be determined. Article 4.2 o 1. Once every four years, RIVM submits to Our Minister a scientific report describing the development of the quality of the environment over a period to be indicated by Our Minister of at least the next ten years. In any case, this development is described, based on the most likely development of the relevant circumstances for that period. Descriptions are also included in the report, each based on other developments of those circumstances that could reasonably be assumed to occur in the period concerned. The report is issued at least 6 months and no more than 12 months before Our Ministers adopt the next national environmental policy plan. In order to be able to comply with this obligation in cases where the validity of a national environmental policy plan is Machine Translated by Google application of Article 4.6, second paragraph, is extended, the four-year period stated in the first sentence may be deviated from. o 2. RIVM annually issues a scientific report to Our Minister, describing the development of the quality of the environment, which is the result of the implementation of the policy measures that affect that quality and those in the year in which the report relates were in effect. In any case, it is indicated to what extent those measures have contributed to the achievement of the results, which are stated in the applicable national environmental policy plan to be intended for the year in question. It is also indicated how the described development of the quality of the environment relates to the development thereof described in the corresponding previously issued reports. If an unforeseen circumstance arises that could have significant consequences for the development of the quality of the environment in the longer term, and Our Minister so requests, RIVM will also include in a report a description of the development that may result. o 3. Our Minister, together with - each insofar as it concerns him - designates Our Ministers of Transport, Public Works and Water Management, of Economic Affairs, of Agriculture, Nature and Food Quality and of Education, Culture and Science, to government institutions, which are in any case involved by RIVM in drawing up the reports. A government agency is only eligible for designation if it is able to carry out the activities necessary for the preparation of the reports at an appropriate scientific level in terms of organisation, personnel and equipment. o 4. Our Minister may, together with - each insofar as it concerns him - Our Ministers of Transport, Public Works and Water Management, of Economic Affairs, of Agriculture, Nature and Food Quality and of Education, Culture and Science, lay down rules with regard to the manner to which the government institutions designated pursuant to the third paragraph are involved in the preparation of the reports. Artikel 4.2a o 1. Our Minister may give instructions regarding presumed developments that must in any event be adopted as the basis for descriptions as referred to in Article 4.2, paragraph 1. He can also give instructions on subjects that must in any case be described in a report as referred to in that paragraph. o 2. Subject to the provisions of Article 4.2, second paragraph, fourth sentence, and the first paragraph of this article, Our relevant Ministers will not give RIVM and the institutions designated pursuant to Article 4.2, third paragraph, any instructions with regard to the content of the reports. o 3. Our Minister sends the reports to the States General; a report as referred to in Article 4.2, first paragraph, before or simultaneously with the next national environmental policy plan; a report as referred to in Article 4.2, second paragraph, before or simultaneously with the next national environmental programme. RIVM ensures that the reports are made generally available. Article 4.2b Machine Translated by Google For the purpose of drawing up environmental policy plans and environmental programmes, the various government bodies will provide each other, on request, with all information and data at their disposal, insofar as this is reasonably necessary for that preparation. § 4.2. The National Environmental Policy Plan Article 4.3 o 1. Our Ministers shall draw up a national environmental policy plan at least once every four years, which, with a view to protecting the environment, gives direction to national decisions to be taken in the next four years, and which is also expected to provide direction indicate decisions to be made in the following four years. o 2. The plan contains the essentials of the actions to be carried out by the government environmental policy, aimed in particular at development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs, and at achieving the highest possible standard of environmental protection if reasonably achievable. Possible developments in society and the desired long-term quality of the environment, as well as relevant international developments, are taken into account in the plan. o 3. These main matters include at least: ÿ a. the intended results in the eight-year period concerned and, insofar as these can be reasonably indicated, the results aimed at in the next four years with regard to the quality of the various components of the environment; b . during the eight-year period concerned and, to the extent that this reasonably indicate the intended results in the next four years in terms of preventing, limiting or reversing the consequences of human activities that pollute, degrade or deplete the environment; ÿ c. the designation of areas in which the quality of the environment or of one or more components thereof requires special protection; d . the manner in which the achievement and maintenance of the results referred to , b en under ac will be pursued and the terms that will be used, as well as the degree of priority given to achieving those results; ÿ e. the reasonably foreseeable financial, economic and spatial consequences of the environmental policy to be pursued. o 4. In the plan, Our Ministers will also indicate to what extent the intended policy is aligned with or leads to an adjustment of the national water policy and the national nature policy, and to what extent and within what period they intend to implement the national water plan, referred to in to review Article 4.1, first paragraph, of the Water Act or the Nature Policy Plan, respectively, referred to in Article 4 of the Nature Conservation Act 1998. The current national environmental policy plan is also taken into account when determining policy in other policy areas, insofar as this affects the interest of protecting the environment. Machine Translated by Google Article 4.4 o 1. Involve our Ministers in the preparation of the national environmental policy plan the administrative bodies, institutions and organizations that are most interested in the topics to be discussed in their opinion. This in any case includes the provincial executives. o 2. Section 3.4 of the General Administrative Law Act applies to the preparation of the national environmental policy plan. Views can be put forward by anyone. Article 4.5 o 1. As soon as the national environmental policy plan has been adopted, Our Ministers will notify this by submitting the plan to the States General and by sending it to the Provincial Executive of the provinces. o 2. Our Minister shall publish the determination in the Government Gazette. In doing so, he indicates how information can be obtained about the content of the plan. Article 4.6 o 1. The national environmental policy plan shall apply from a date to be determined by decision of Our Ministers. A decision as referred to in the first sentence shall not be taken earlier than eight weeks after the plan has been submitted to the States General pursuant to Article 4.5, paragraph 1. If it is indicated by or on behalf of one of the Houses of the States General within eight weeks after the plan has been submitted that it wishes to deliberate on the plan in public, a decision as referred to in the first sentence shall not be taken before six months after the plan has been submitted or, if the deliberations have ended at an earlier time, after those deliberations. Our Ministers shall inform the States General in writing of the conclusions they draw from the deliberations for national environmental policy and for the implementation of the plan. Our Minister shall publish a decision as referred to in the first sentence in the Government Gazette , stating the conclusions communicated to the States General. o 2. The plan applies, unless a new plan has been adopted earlier, for a period of four years. Our Ministers may extend the validity of the plan once by a maximum of two years. Our Minister shall notify a decision as referred to in the second sentence by submitting the decision to the States General and publish it in the Government Gazette. o 3. Central government bodies shall in any event take into account the applicable national environmental policy plan when taking a decision designated for that purpose in this Act, and when taking a decision pursuant to a law referred to in Appendix 1, insofar as in doing so, the importance of protecting the environment must or can be taken into account. o 4. The third paragraph does not apply to decisions: ÿ a. with regard to the national water plan, referred to in Article 4.1, paragraph 1, of the Water Act; b . which are taken by an organ of the Kingdom in the place of an organ of another public body, because of the default of that organ. Machine Translated by Google o 5. For the purposes of paragraph 3, inferences that have been notified to the States General in accordance with the provisions of paragraph 1, regarded as part of the plan. § 4.3. The National Environmental Programme Article 4.7 o 1. Our Ministers annually establish a national environmental program. o 2. The program contains at least: ÿ a. a program of national activities to be carried out in the next four years to protect the environment; b . a program for the adoption and review of environmental quality requirements pursuant to Article 5.1, paragraph 1, indicating the intended results; ÿ c. an overview of the budget items in the field of environmental management included in the various budget chapters, as well as an indication of the financial consequences of the items under a intended activities for central government for the following years; d . a report on the progress of the implementation of the applicable national environmental policy plan. o 3. When establishing the programme, Our Ministers shall take into account the applicable national environmental policy plan. o 4. Section 3.4 of the General Administrative Law Act applies to the preparation of the national environmental programme. Views can be put forward by anyone. Article 4.8 o 1. Our Minister shall announce the national environmental program by submitting it to the States General when the national budget is presented. o 2. Our Minister shall notify the program by sending it to provincial executives. § 4.4. The provincial environmental policy plan Article 4.9 o 1. Provincial councils adopt a provincial environmental policy plan at least once every four years, which, with a view to protecting the environment, gives direction to decisions to be taken in the next four years by provincial councils and provincial executives and by administrative bodies to which provincial councils powers have been delegated in the exercise of which the plan must be taken into account, and which is expected to also guide decisions to be taken in the following four years. o 2. The plan contains the main aspects of the environmental policy to be pursued by the provincial and provincial councils. o 3. These main matters include at least: ÿ the intended results in the eight-year period concerned and, insofar as these can be reasonably indicated, the results intended in the next four years with regard to the quality of the various Machine Translated by Google parts of the environment, also having regard to the environmental quality requirements laid down pursuant to or in accordance with Article 5.1, paragraph 1, and the air quality requirements included in Appendix 2; b . during the eight-year period concerned and, to the extent that this reasonably indicate the intended results in the next four years in terms of preventing, limiting or reversing the consequences of human activities that pollute, degrade or deplete the environment; ÿ c. the designation of areas in which the quality of the environment or of one or more components thereof requires special protection; d . the manner in which the achievement and maintenance of the results referred to under a, b and c will be pursued by the administrative authorities referred to in the first paragraph and the terms that will be used in this regard, as well as the degree of priority given to achieving those results; given; ÿ e. the reasonably foreseeable financial and economic consequences of the environmental policy to be pursued. o 4. The areas referred to in the third paragraph, under c, include at least: a. ÿ the areas designated as protected natural monuments pursuant to the Nature Conservation Act, b . the areas designated for the implementation of the Agreement on Wetlands of International Importance, in particular as habitats for waterfowl (Ramsar Convention, Trb. 1975, 84), in ÿ c. the archaeological attention areas, which have been designated on the basis of Article 44 of the Monuments Act 1998 unless otherwise provided in that designation. o 5. In the plan, the provincial councils also indicate to what extent the intended policy is aligned with or leads to an adjustment of the regional water policy, the provincial spatial policy or the provincial traffic and transport policy and to what extent and within what period of time they intend to are the applicable regional water plan, as referred to in Article 4.4, first paragraph, of the Water Act, one or more applicable structural visions as referred to in Article 2.2 of the Spatial Planning Act or the applicable provincial traffic and transport plan as referred to in Article 5 of the Traffic Planning Act and transport, to be reviewed. Article 4.10 o 1. The provincial environmental policy plan is prepared by the commissioner staten. o 2. In preparing the plan, the Provincial Executive will involve the government bodies that they consider to be most interested in the subjects to be discussed. These include in any case: ÿ a. provincial executive of the neighboring provinces, Machine Translated by Google b . the administrative bodies to which provincial powers are vested delegated in the exercise of which the plan must be taken into account, and ÿ c. Our Minister. o 3. The Provincial Executive will also involve residents and interested parties in the preparation of the plan, in the manner provided for in the ordinance adopted pursuant to Article 147 of the Provinces Act. Article 4.11 o 1. As soon as the provincial environmental policy plan has been adopted, the provincial executive shall notify this by sending the plan to Our Minister and to the administrative bodies to which provincial powers have been delegated in the exercise of which the plan must be taken into account. o 2. The Provincial Executive shall publish the determination in the Government Gazette. In doing so, they indicate how information can be obtained about the content of the plan. Article 4.12 o 1. The provincial environmental policy plan applies, unless an earlier new plan has been adopted, for a period of four years after its adoption has been announced in accordance with Article 4.11, second paragraph. o 2. Provincial councils can extend the validity of the plan once by a maximum of two years. The Provincial Executive shall notify a decision as referred to in the first sentence by sending it to Our Minister and to the administrative authorities to which provincial powers have been delegated in the exercise of which the plan must be taken into account. They publish it in the Government Gazette. o 3. Provincial Councils and Provincial Executives shall in any event take into account the applicable provincial environmental policy plan when taking a decision designated for that purpose in this Act, and when taking a decision pursuant to a law referred to in Appendix 1, insofar as in doing so, the importance of protecting the environment must or can be taken into account. o 4. The third paragraph does not apply to decisions: ÿ a. with regard to a regional water plan as referred to in Article 4.4, first paragraph, of the Water Act; b . which are taken by provincial councils or provincial executives in place of a body of another public body, due to the failure of that body. o 5. The third paragraph applies mutatis mutandis to decisions: ÿ a. which are taken by a body of another public body in place of the provincial councils or the provincial executive because of the failure of the provincial councils or the provincial executive; b . under a provincial jurisdiction assigned to an organ of a another public body has been transferred. Article 4.13 Machine Translated by Google o 1. Our Ministers may, insofar as this is necessary in the public interest, after having heard the provincial executive, issue instructions to provincial councils regarding the content of the provincial environmental policy plan. In the event of a designation, a period is set within which the plan must be brought into conformity with the designation. o 2. When issuing an instruction, Our Ministers shall take into account the applicable national environmental policy plan and the applicable waste management plan. o 3. Our Minister shall notify the decision containing the designation by submitting the decision to the States General and by posting it in the Government Gazette. 4.5. The provincial environmental program Article 4.14 o 1. The Provincial Executive annually establishes a provincial environmental program. o 2. The program contains at least: ÿ a program of activities to be performed by the Provincial Executive for the protection of the environment in the next four years, including: ÿ 1°. an overview of investigation cases and cases of serious contamination as referred to in Article 1 of the Soil Protection Act, as well as, with regard to those cases, an overview of the by or on behalf of the Provincial Executive, or of those known to the Provincial Executive by others in the next four activities to be performed in years and an indication of the time at which the investigation or remediation of those cases will or must be started; ÿ 2°. an overview of the measures necessary in the next four years to combat noise pollution; b . an overview of the financial consequences of the activities referred to under a, under 2°, including the subsidies requested from central government for this purpose; ÿ c. a report on the progress of the implementation of the applicable provincial environmental policy plan. o 3. When establishing the programme, the Provincial Executive takes into account the applicable provincial environmental policy plan. Article 4.15 o 1. Article 4.10, second and third paragraph, applies mutatis mutandis. o 2. The Provincial Executive announces the program by submitting it to the provincial councils when the budget is drafted. They shall simultaneously notify the program by sending it to Our Minister. o 3. Article 4.11, second paragraph, applies mutatis mutandis. § 4.5a. The regional environmental policy plan Article 4.15a Machine Translated by Google o 1. The general board of a plus region as referred to in Article 104 of the Joint Regulations Act, which includes the municipality or municipalities of Amsterdam, Arnhem and Nijmegen, Eindhoven and Helmond, Enschede and Hengelo, The Hague, Rotterdam or Utrecht, may adopt a regional environmental policy plan that, with a view to the protection of the environment, gives direction to decisions to take, the competence of which has been assigned to a body of that body by or pursuant to the law. o 2. Articles 4.13, 4.16, second paragraph, 4.17, 4.18 and 4.19 are of apply mutatis mutandis, on the understanding that in addition to the administrative bodies referred to in Article 4.17, second paragraph, mayor and aldermen of the municipalities located in the plus region are also involved in the preparation of the plan. § 4.5b. The regional environmental program Article 4.15b o 1. The day-to-day management of a plus region as referred to in Article 104 of the Joint Regulations Act, which includes the municipality or municipalities of Amsterdam, Arnhem and Nijmegen, Eindhoven and Helmond, Enschede and Hengelo, The Hague, Rotterdam or Utrecht, shall annually an environmental program. o 2. Articles 4.20, second and third paragraphs, and 4.21 apply mutatis mutandis, on the understanding that in addition to the components referred to in Article 4.20, second paragraph, the program also includes a report on the progress of the implementation of the applicable regional environmental policy plan. contains. § 4.6. The municipal environmental policy plan Article 4.16 o 1. The municipal council can adopt a municipal environmental policy plan that, with a view to protecting the environment, gives direction to the decisions to be taken by the municipal council or mayor and aldermen. o 2. The plan contains the main issues of the municipal council environmental policy to be pursued, respectively. Article 4.17 o 1. The municipal environmental policy plan is prepared by the mayor and aldermen. o 2. In the preparation of the plan, the mayor and aldermen involve the administrative bodies that they consider to be most interested in the topics to be discussed. These include in any case: ÿ a. provincial executive, b . mayor and aldermen of the neighboring municipalities, and ÿ c. Our Minister. o 3. The mayor and aldermen also involve residents and interested parties in the preparation of the plan, in the manner provided for in the bye-laws adopted pursuant to Article 150 of the Municipalities Act. Machine Translated by Google Article 4.18 o 1. As soon as the municipal environmental policy plan has been adopted, the mayor and aldermen will notify the plan by sending the plan to the provincial executive and the inspector. o 2. The mayor and aldermen publish the determination in one or more newspapers or newspapers that are distributed in the municipality. In doing so, they indicate how information can be obtained about the content of the plan. Article 4.19 o 1. When adopting the municipal environmental policy plan, the municipal council determines the period during which it applies. o 2. The municipal council can extend the period of validity once by a maximum of two years. Article 4.18, second paragraph, applies mutatis mutandis. o 3. If a municipal environmental policy plan applies in the municipality, the municipal council or the mayor and aldermen shall in any event take that plan into account when taking a decision designated for that purpose in this Act, and when taking a decision pursuant to a Act, referred to in Appendix 1, insofar as the importance of protecting the environment must or can be taken into account. o 4. The third paragraph does not apply to decisions pursuant to a power of another public body, which has been delegated to the municipal council or mayor and aldermen. o 5. The third paragraph applies mutatis mutandis to decisions taken by a body of another public body in the place of the municipal council or mayor and aldermen, respectively, due to the failure of the municipal council or mayor and aldermen. § 4.7. The municipal environmental program Article 4.20 o 1. The municipal council annually proposes a period to be determined for a municipal environmental program. o 2. The program contains at least: ÿ a program of activities to be performed by the municipal council and mayor and aldermen in the period concerned in order to carry out the tasks assigned to the municipal council and mayor and aldermen by statutory regulation with a view to protecting the environment; b . an overview of the financial consequences of the referred to under a activities. o 3. If a municipal environmental policy plan applies in the municipality, the The municipal council takes this plan into account when establishing a municipal environmental programme. Article 4.21 Machine Translated by Google o 1. The municipal environmental program is prepared by the mayor and aldermen. The mayor and aldermen submit the draft of the program to the municipal council when drafting the budget. o 2. Article 4.17, third paragraph, applies mutatis mutandis. o 3. Once the municipal environmental program has been established, do the mayor and aldermen are informed of this by sending the program to the provincial executive and to the inspector. o 4. The mayor and aldermen publish the determination in one or more newspapers or newspapers that are distributed in the municipality. In doing so, they indicate how knowledge can be obtained about the content of the programme. § 4.8. The municipal sewerage plan Article 4.22 o 1. The municipal council shall each time draw up a municipal sewerage plan for a period to be determined. o 2. The plan contains at least: ÿ an overview of the facilities present in the municipality for the collection and transport of urban waste water as referred to in Article 10.33, as well as the collection and further processing of rainwater runoff as referred to in Article 3.5 of the Water Act, and measures to prevent structural adverse effects to prevent or limit the groundwater level for the designated use of the ground as much as possible, as referred to in Article 3.6 of the latter Act and an indication of the time when those facilities are expected to need replacing; b . an overview of the facilities to be constructed or replaced in the period covered by the plan, as referred to under a; ÿ c. an overview of the way in which the facilities referred to under a and b are or will be managed; , d . the consequences for the environment of the facilities as referred to under a, and of the activities announced in the plan; ÿ e. an overview of the financial consequences of the activities announced in the plan. o 3. If a municipal environmental policy plan applies in the municipality, the municipal council will take that plan into account when drawing up a municipal sewerage plan. o 4. Our Minister may, in agreement with Our Minister of Transport, Public Works and Water Management, impose an obligation on municipalities to perform a performance comparison with regard to the performance of the task referred to in Article 10.33, as well as the tasks referred to in Articles 3.5 and 3.6 of the Water Act. Rules may be laid down by or pursuant to an order in council regarding the frequency, content and scope of the performance comparison. Article 4.23 o 1. The municipal sewerage plan is prepared by the mayor and aldermen. In any case, they will involve in the preparation of the plan: ÿ a. provincial executive, Machine Translated by Google b . the managers of the treatment plants to which the collected waste water is transported, and ÿ c. the managers of the surface waters to which the collected water is discharged. o 2. As soon as the plan has been adopted, the mayor and aldermen will do so notification by sending the plan to the authorities referred to in the first paragraph, under a to c, and Our Minister. o 3. The mayor and aldermen publish the determination in one or more newspapers or newspapers that are distributed in the municipality. In doing so, they indicate how information can be obtained about the content of the plan. Article 4.24 o 1. After the mayor and aldermen have been given the opportunity to present their views, the provincial executive may issue instructions to the municipal council regarding the content of the municipal sewerage plan. In the event of a designation, a period is set within which the plan must be brought into conformity with the designation. o 2. When issuing an instruction, the Provincial Executive takes into account the applicable provincial environmental policy plan and the applicable regional water plan. • Chapter 5. Environmental quality requirements Title 5.1. General provisions regarding environmental quality requirements Article 5.1 o 1. In the interest of protecting the environment, insofar as this is of more than provincial interest, requirements may be set by Order in Council with regard to the quality of parts of the environment from a time to be determined therein. o 2. In the decision to adopt an order in council as referred to in the first paragraph, the following will in any case be involved: a. ÿ a. the available scientific and technical data, b . the available data on the existing state of the environment, ÿ c. the reasonably foreseeable developments that are important for the protection of the environment, d . the possibility of minimizing the risks to the environment resulting from the environmentally harmful factors to be taken into account when setting the requirement, and ÿ e. the reasonably foreseeable financial and economic consequences resulting from the realization of the requirement to be made, insofar as these are important for the determination of the environmental quality requirement and this does not conflict with an EU directive or EU regulation relating to that environmental quality requirement. An explanation of the measure indicates how these aspects are involved in the preparation of the measure. Machine Translated by Google o 3. In a measure as referred to in the first paragraph, it is determined with regard to an environmental quality requirement set therein whether this is regarded as a limit value, guide value or other environmental quality requirement set for the implementation of an EU directive or EU regulation referred to therein, with provided that: ÿ a limit value indicates the quality that must at least be achieved at the time specified in the measure, and which, where it is present, must at least be maintained; b . a guideline value indicates the quality that is indicated in the measure indicated time must be reached as far as possible, and which, where it is present, must be maintained as much as possible; ÿ c. an environmental quality requirement imposed in implementation of an EU directive or regulation indicates the quality to be achieved in accordance with that directive or regulation, including a possibility of derogation with regard to that requirement. o 4. In a measure as referred to in the first paragraph, it may be stipulated that an environmental quality requirement set therein only applies to one or more areas to be designated by or pursuant to the measure, or to areas that belong to a category indicated in the measure. A time as referred to in the first paragraph may be different for different areas or categories of areas to be designated by or pursuant to the measure. o 5. In a measure as referred to in the first paragraph, the environmental quality requirements stipulated therein, before the expiry of which Our Minister and, insofar as it concerns parts of the environmental policy that fall under their responsibility, Our Ministers of Transport, Public Works and Water Management and of Agriculture, Nature and Food Quality must indicate to what extent the relevant environmental quality requirement, in their opinion, needs revision. If a stipulated environmental quality requirement does not have such a value that it can reasonably be assumed that, if that requirement is met, the risks to the environment as a result of the environmentally harmful factors taken into account when setting the requirement are negligible, the period is referred to in the previous sentence, for a maximum of eight years. Article 5.2 o 1. In a measure as referred to in Article 5.1, paragraph 1, the powers are designated in the exercise of which: ÿ a. the limit values set by the measure must be observed, b . the guideline values set in the measure must be taken into account held, or ÿ c. the environmental quality requirements laid down in that measure in implementation of an EU directive or EU regulation are taken into account, in the manner determined in that measure. The measure may also lay down rules with regard to the manner in which the obligations contained therein must be implemented. Machine Translated by Google o 2. The first paragraph only applies insofar as the statutory regulation on which a power as referred to in that paragraph is based does not preclude it. resists. o 3. If in an area for which an environmental quality requirement applies, for the If the quality of the part of the environment concerned is better than stated in the requirement, that quality shall replace the quality indicated in the requirement for the application of the powers designated pursuant to the first paragraph for this area. It may be stipulated in a measure as referred to in Article 5.1, first paragraph, that the first sentence does not apply with regard to the environmental quality requirement set therein. o 4. If in the exercise of a power in respect of which it has been determined pursuant to the first paragraph that a guideline value must be taken into account, if this value is deviated from, the motivation of the relevant decision shall in any case state which important reasons have led to this. Article 5.2a [Repealed as of 15-11-2007] Article 5.2b o 1. In a measure as referred to in Article 5.1, first paragraph, in implementation of the Water Framework Directive, environmental quality requirements are assigned to provincial councils, insofar as these have not been established by a measure based on Article 5.1, first paragraph, in a provincial environmental ordinance as referred to in Article 5.5, first paragraph. o 2. Further rules may be laid down by ministerial order that provincial councils must observe in determining the requirements in the provincial environmental regulation in cases to be designated therein. Such an arrangement shall be established by Our Minister together with Our Ministers of Transport, Public Works and Water Management and of Agriculture, Nature and Food Quality, each insofar as it concerns matters that also fall under his responsibility. o 3. In the case of a measure as referred to in Article 5.1, first paragraph, it is determined in accordance with Article 4, fourth, fifth and seventh paragraphs, of the Water Framework Directive to what extent and under what conditions it is possible to deviate from the provisions for implementation of Article 4, first and second paragraph, of the environmental quality requirements and deadlines laid down in that directive. o 4. In: ÿ a. the national water plan, referred to in Article 4.1, paragraph 1, of the Water Act, b . a regional water plan as referred to in Article 4.4, first paragraph, of the water law, ÿ c. In a management plan as referred to in Article 4.6, first paragraph, of the Water Act, the measures are included or set out to prevent deterioration of the status of all bodies of surface water and groundwater that have been designated in connection with the implementation of the obligations of the Water Framework Directive, except in so far as, in accordance with Article 4, paragraphs 6, 7 and 8, of that Directive, it has been determined by an order in council as referred to in Article 5.1, paragraph 1, that deterioration of a condition is permitted. Machine Translated by Google o 5. Further rules may be laid down by or pursuant to an order in council be made with regard to the application of the fourth paragraph. Article 5.3 o 1. Rules may be laid down by order in council with regard to environmental quality requirements with regard to: ÿ the manner in which and the frequency with which the quality of the relevant components of the environment is measured or calculated; b . the responsibility for the measurements referred to under a, respective calculations and the way in which they are reported and ÿ c. the method of financing the measurements or calculations referred to under a. o 2. In the measure referred to in the first paragraph, it may be stipulated that the method of measurement or calculation and the frequency thereof shall be determined by ministerial regulation. o 3. Rules are laid down by order in council with regard to to draw up programs for the monitoring of bodies of surface water and groundwater as referred to in Article 8 of the Water Framework Directive, whereby additional obligations may be imposed for areas referred to in Annex IV of that Directive, which serve to implement an EU Directive or EU regulation. With regard to the measure, paragraphs 1 and 2 may be applied mutatis mutandis with regard to the environmental objectives referred to in Article 4 of the Water Framework Directive. Article 5.4 If a ministerial regulation as referred to in Article 21.6, paragraph 6, is adopted in implementation of this title, Articles 5.1, paragraphs 3, 4 and 5, 5.2 and 5.3 shall apply mutatis mutandis. Article 5.5 o 1. Provincial councils may specify in the provincial environmental ordinance set environmental quality requirements as referred to in Article 5.1, first paragraph. Articles 5.1, third, fourth and fifth paragraphs, 5.2 and 5.3 apply mutatis mutandis to the determination of environmental quality requirements as referred to in the first sentence, on the understanding that in accordance with Article 5.2, first paragraph, no powers are vested in central government bodies. designated. o 2. By an order in council as referred to in Article 5.1, first paragraph, or by ministerial regulation as referred to in Article 21.6, sixth paragraph, the power referred to in the first paragraph, with regard to a subject in respect of which an environmental quality requirement has been laid down in that measure or in that regulation, in so far as this is necessary in the public interest. Title 5.2. Air quality requirements § 5.2.1. General provisions Machine Translated by Google Article 5.6 o 1. Contrary to Title 5.1, with regard to the quality of the outside air only this Title, Annex 2 and the provisions based on this Title. o 2. This Title, Annex 2 and the provisions based on this Title do not apply to places as defined in Article 2 of Council Directive 89/654/EEC of 30 November 1989 on the minimum safety and health requirements at work ( OJ L 393), where health and safety regulations apply and to which members of the public usually do not have access. Article 5.7 o 1. In this title, Annex 2 and the provisions based on this title with regard to the quality of the outdoor air, the following definitions apply: eight-hour average concentration: concentration in the open air, averaged over eight consecutive hourly average concentrations, expressed in micrograms per m3 air at a temperature of 293 Kelvin and a pressure of 101.3 kiloPascals; agglomeration: urban area with at least 250 000 inhabitants; alarm threshold: quality level upon which the public must be warned in order to limit the risks to human health in the event of a short-term exceedance of that quality level; AOT40 value: summed difference between the hourly average concentrations of ozone above 80 micrograms per m3 and 80 micrograms per m3 between 08:00 and 20:00 Central European Time, over a certain period, expressed in (micrograms per m3 ) • hour; motorway: motorway as referred to in Article 1, under c, of the 1990 Traffic Rules and Signs Regulations; assessing air quality: determining the quality level and determining the extent to which a determined quality level complies with a limit value, exposure concentration obligation, guideline value, plan threshold, alarm threshold or information threshold as referred to in Appendix 2; exposure concentration obligation: a quality level determined on the basis of the average exposure index with the aim of reducing the harmful effects on human health, which must be met within a specified period; outside air: outside air in the troposphere; Machine Translated by Google contributions from natural sources: emissions of pollutants not caused directly or indirectly by human activities, including natural phenomena such as volcanic eruptions, seismic activities, geothermal activities, forest fires, storms, sea salt due to sea spray or atmospheric resuspension or displacement from natural particles from arid regions; EC Air Quality Directive: Directive no. 2008/50/EC of the European Parliament and the Council of the European Union of 21 May 2008 on air quality and cleaner air for Europe (PbEG L 152); average exposure index: average quality level that is determined in accordance with the Air Quality Assessment Regulations on the basis of urban background locations spread over the entire Dutch territory and that reflects the exposure of the population; limit value: level of quality with the aim of avoiding, preventing or reducing adverse effects on human health or the environment as a whole and which must be achieved within a specified period of time and, once achieved, must not be exceeded; information threshold: quality level at which information to the public is necessary, in order to limit the health risks of particularly sensitive population groups in the event of a short-term exceedance of that quality level; annual average concentration: concentration in the open air, averaged over twenty-four hour average concentrations in a calendar year, expressed in micrograms per m3 air at a temperature of 293 Kelvin and a pressure of 101.3 kiloPascals for sulfur dioxide, nitrogen dioxide, nitrogen oxides, lead and benzene and at prevailing temperature and pressure for particulate matter (PM10) and for particulate matter (PM2.5); quality level: concentration in the outside air or the deposition rate of a pollutant; air pollution: presence in the open air of pollutants; plan threshold: quality level at which a planned approach to air pollution is necessary; guideline value: level of quality established with the aim of avoiding, preventing or reducing adverse effects on human health or the environment as a whole and to be achieved, as far as possible, within a specified period of time; nitrogen oxides: the total number of parts by volume of nitrogen monoxide and nitrogen dioxide per billion parts by volume, expressed in micrograms of nitrogen dioxide per m3 ; Machine Translated by Google hourly average concentration: concentration in the outside air, averaged over an hour, expressed in micrograms per m3 of air at a temperature of 293 Kelvin and a pressure of 101.3 kiloPascals; determining the quality level: determining or forecasting the concentration of a contaminant in the open air or the deposition of that substance by means of measurement or calculation; Pollutant: Dust in the air that is likely to cause adverse effects on human health or the environment as a whole; twenty-four hour average concentration: concentration in the open air, averaged over the period from 00:00 to 24:00 Central European Time, expressed in micrograms per m3 of air at a temperature of 293 Kelvin and a pressure of 101.3 kiloPascals for sulfur dioxide and at ambient temperature and pressure for particulate matter (PM10); winter half-year average concentration: concentration in the open air, averaged over twenty-four-hour average concentrations from 1 October to 31 March, expressed in micrograms per m3 of air at a temperature of 293 Kelvin and a pressure of 101.3 kilo Pascal; zone: part of the Dutch territory; particulate matter (PM10): airborne particulate matter passing through a size- selective inlet with a 50 percent efficiency cut-off at an aerodynamic diameter of 10 micrometers; particulate matter (PM2.5): airborne particulate matter passing through a size- selective inlet with a 50 percent efficiency cut-off at an aerodynamic diameter of 2.5 micrometers. o 2. In derogation from Article 1.1, first paragraph, in this title, Annex 2 and the provisions based on this title, substances are understood to mean: chemical elements and their compounds, as they occur in nature or are produced by the actions of man . Article 5.8 [Red: This article is no longer in effect. The article has been withdrawn by Stb. 2009/158.] o 1. If amendment of this title, Annex 2 or the based on this title provisions is desirable for the implementation of a directive of the Council of the European Union on the quality of the outside air, Our Minister, after hearing the House of Representatives of the States General, may adopt a temporary regulation, which, insofar as indicated therein, will take the place of this Title, Annex 2 or the provisions based on this Title. Machine Translated by Google o 2. Within eighteen months after the date of entry into force of that regulation, a bill to that effect will be submitted to the House of Representatives of the States General. § 5.2.2. Plan Article 5.9 o 1. In the cases indicated in Appendix 2, regulation 13.1, in which a plan threshold is exceeded, the mayor and aldermen draw up a plan, which indicates how and by means of which measures the relevant limit value stated in the appendix will be met. within the time limit set for that value. They are responsible for the implementation of the plan. o 2. Part 3.4 of the General Administrative Law Act applies to the preparation of a plan as referred to in the first paragraph. Views can be put forward by anyone. o 3. The Provincial Executive, Our Minister, Our Ministers of Agriculture, Nature and Food Quality and of Transport, Public Works and Water Management and other administrative bodies that can take measures at the request of the Mayor and Aldermen to contribute to the drawing up and implementation of a plan as referred to in the first member. In addition, the relevant administrative bodies provide a substantiated account in the plan of whether or not measures have been taken. The mayor and aldermen promote consultation with those administrative bodies regarding the preparation and implementation of the plan. o 4. Before 1 May of the year following the year in which the exceeding of the relevant plan threshold has been established and reported, with due observance of the rules laid down pursuant to Article 5.20, the Mayor and Aldermen shall notify the Provincial Executive of an adopted plan as referred to in the first paragraph. Before 1 July of that year, the Provincial Executive shall notify Our Minister of all plans they have received. o 5. The Mayor and Aldermen report once every three years, before 1 May of the following year, to the Provincial Executive on the progress of the implementation of a plan or plans as referred to in the first paragraph. Before 1 July of that year, the Provincial Executive shall notify Our Minister of all progress reports they have received. o 6. The mayor and aldermen shall ensure that the plan referred to in the first paragraph is in accordance with a program as referred to in Article 5.12, first paragraph, or 5.13, first paragraph. Article 5.10 [Repealed as of 01-08-2009] Article 5.11 o 1. A plan as referred to in Article 5.9, first paragraph, 5.12, first paragraph, or 5.13, first paragraph, contains at least the data referred to in Annex XV, part A, of the EC Air Quality Directive. o 2. An amendment to Annex XV, Part A, of the EC Air Quality Directive applies for the application of the first paragraph from the day on which the relevant amending directive must have been implemented and has no Machine Translated by Google relates to a plan established before that day, unless it follows otherwise from the relevant amendment. o 3. In cases in which, pursuant to Article 5.9, first paragraph, 5.12, first paragraph, or 5.13, first paragraph, a plan is established and implemented for more than one substance, the administrative authority concerned shall provide one plan for the substances concerned. The first paragraph applies mutatis mutandis. § 5.2.3. National program and other programs Article 5.12 o 1. Our Minister shall, in accordance with the opinion of the Council of Ministers and after hearing the Senate and House of Representatives of the States General, with regard to a limit value included in Appendix 2 that is exceeded or threatens to be exceeded on or after the associated time, shall establish a program aimed at achieving that limit value . The program covers a period of five years to be specified. o 2. The program referred to in the first paragraph shall at least mention or describe the generic measures to be taken during the period referred to in that paragraph by one or more central government authorities to improve air quality and their effects on air quality. air quality. o 3. With regard to one or more areas designated in the program referred to in the first paragraph, the program also includes, after consultation with the administrative authorities involved: ÿ a description of the concentrations of pollutants present in the open air and their autonomous development above the area concerned, based on the latest available data with regard to those concentrations, as well as a description of the causes of an exceedance or threat of exceedance of the relevant limit value; b . if an applicable limit value is exceeded in one or more places within a designated area at the time of establishing the program: implementation of policies aimed at achieving that limit value, the effects of those measures on air quality and when that limit value is expected to be reached; ÿ c. a description of the expected developments in the area concerned and of the decisions that are expected to be taken during the period referred to in the first paragraph and that contribute significantly to the concentration in the outside air in that area of a substance for which in Annex 2 a limit value has been included, based on the data provided pursuant to the seventh paragraph, as well as the effects of those developments and decisions on air quality; d . a description of the measures to be taken by the administrative bodies designated for that purpose in the program other than those referred to under b, which are related to the developments or decisions referred to under c and which are aimed at achieving the objectives Machine Translated by Google limit value or limit values in the areas concerned, as well as the effects of those measures on air quality; ÿ e. a forecast of the development of the concentrations referred to under a, during the period referred to in the first paragraph, on the understanding that this also indicates how much sooner as a result of the measures referred to under b and d, and taking into account the effects of the expected developments and decisions, referred to under c, a limit value is reached in the area concerned than would be expected in accordance with the autonomous development, referred to under a. Rules may be laid down by ministerial regulation with regard to the manner of implementation of subparagraphs a to e and subsections 4 and 6, including the principles and criteria to be used in this respect. o 4. When describing: ÿ the autonomous development referred to in the third paragraph, under a, is also taken into account the aggregated effect of the exercise of powers and the application of legal regulations that are expected to take place during the period referred to in the first paragraph and which are not make a significant contribution to the outdoor air concentration in that area of a substance for which a limit value has been included in Annex 2; b . the effects of the measures referred to in paragraphs 2 and 3, the effects of measures introduced since 1 January 2005 to improve air quality may also be taken into account. o 5. No decisions as referred to in the third paragraph, under c, shall be included in a program as referred to in the first paragraph, if it is plausible that these will result in an exceedance or further exceedance of an applicable limit value at the time when, with the application of: ÿ a postponement, as referred to in Article 22, first paragraph, of the EC Air Quality Directive, of the times at which the limit values for nitrogen dioxide or benzene included in Annex 2 must be met, b . exemption as referred to in Article 22, second paragraph, of the EC Air Quality Directive, from the obligation to comply with the limit values for particulate matter (PM10) included in Annex 2 , the relevant limit value must be met under that Directive. o 6. The program referred to in the first paragraph can be determined in parts, on the understanding that: ÿ a. all the various parts are determined within a maximum period of thirteen weeks, unless special circumstances dictate otherwise, and b . with each other, because of the developments contained therein, intended decisions or measures, related parts are adopted simultaneously as much as possible. Machine Translated by Google o 7. Upon a request to that effect from Our Minister, the the relevant administrative bodies, within a period specified therein, provide it with the information requested therein about the developments and decisions referred to in subsection 3, under c, and the measures referred to in that subsection, under b and d. o 8. The preparation of a program as referred to in the first paragraph is Section 3.4 of the General Administrative Law Act applies. Views can be put forward by anyone. o 9. The competent administrative authorities shall ensure the timely implementation of the measures referred to or described in the programme, on the understanding that measures that are inextricably linked to the developments and decisions as referred to in subsection 3, under c. are carried out for the purpose of these developments and decisions. o 10. Our Minister may, in accordance with the opinion of the Council of Ministers and after hearing the Senate and House of Representatives of the States General, officially change the program referred to in the first paragraph if, in its opinion: ÿ a. it emerges from the reports referred to in Article 5.14 that the data included in that program regarding the effects on air quality of developments mentioned or described in the program, intended decisions or measures, cannot or can no longer be used in reasonableness in the exercise of the powers referred to in Article 5.16, first paragraph, preamble and under c or d, in conjunction with the second paragraph of that Article, and the application of the statutory regulations referred to therein; b . the programme, the period to which it relates or the developments mentioned or described therein, intended decisions or measures require amendment for other reasons. The eighth paragraph applies mutatis mutandis. o 11. The obligation referred to in the ninth paragraph to implement measures in a timely manner remains in force until such implementation or further implementation, in the opinion of Our Minister, in accordance with the opinion of the Council of Ministers and after hearing the Senate and House of Representatives of the States General , is no longer required to reach or continue to meet a limit value. o 12. Within an area as referred to in the third paragraph, administrative authorities concerned may, after a notification to that effect to Our Minister, change or replace one or more measures, developments or decisions mentioned or described in the program, or one or more measures , add developments or decisions to the program if the notification in question makes it plausible that those amended, replacement or new measures, developments or decisions on balance fit within or in any case do not conflict with the program. The notification shall indicate which measures, developments or decisions are concerned, what is the relationship between those measures, developments or decisions and the period within which a measure or decision will be taken, and the effects on air quality shall be assessed in accordance with Articles 5.19. and 5.20 and the provisions based thereon. The ninth paragraph applies mutatis mutandis. Machine Translated by Google o 13. The change or indicated in the notification referred to in the twelfth paragraph; changes require the approval of Our Minister. Our Minister will make a decision in this regard within six weeks of receipt of the notification. Consent is given by operation of law if Our Minister has not taken a decision within the aforementioned period. o 14. Within six weeks after approval as referred to in the thirteenth paragraph has been obtained, the administrative authorities concerned shall notify the amendment or amendments indicated in the notification and of the consent granted thereto in a government-issued newspaper or a daily, news or door-to-door newspaper, or in another suitable manner. Article 5.12a If the exposure concentration obligation, included in regulation 4.6 of Appendix 2, is not complied with or threatens to be complied with on or after the relevant time, Our Minister shall ensure that measures are taken to ensure that this obligation is complied with. These measures may form part of the program referred to in Article 5.12, first paragraph. Article 5.12b o 1. If pursuant to any statutory provision a decision is required for the measures to be carried out by or on behalf of Our Minister of Transport, Public Works and Water Management with regard to the main road network as referred to in Article 5.12, ninth paragraph, these statutory provisions do not apply to that implementation. application. o 2. The first paragraph does not apply to the extent that a decision is required under European law or international law obligations. o 3. Insofar as the implementation of the measures referred to in the first paragraph is not in accordance with the zoning plan or the management bye-law, the part of the program referred to in Article 5.12, first paragraph, relating to those measures shall be regarded as an environmental permit whereby for a project of national importance, with application of Article 2.12, first paragraph, under a, under 3°, of the General Provisions Environmental Law Act, the zoning plan or the management regulation is deviated from. In the application of Article 2.10 of the General Provisions for Environmental Law Act, zoning plans or management regulations also include the relevant parts of the program referred to in Article 5.12, first paragraph. o 4. In the cases in which the third paragraph applies, the municipal council adopts a zoning plan or a management ordinance as referred to in the Spatial Planning Act in accordance with the components of the program referred to in the third paragraph. This will take place within one year after the date of entry into force of the Crisis and Recovery Act or, in the event of an amendment to that program or new program adopted after that date, within one year after that amendment or program has become irrevocable. o 5. Insofar as a design for a zoning plan is based on the parts of the program referred to in the third paragraph, opinions cannot relate to that part of the design for the zoning plan. Machine Translated by Google Article 5.13 o 1. One or more administrative authorities jointly, not being administrative authorities of central government, may establish a program aimed at achieving a limit value included in Appendix 2 in an area to be designated in that programme, not being an area pursuant to Article 5.12. third paragraph, designated or to be designated area, where a limit value is exceeded or is likely to be exceeded. o 2. When establishing a program on the basis of the first paragraph, the program established pursuant to Article 5.12, first paragraph, is taken into account. o 3. Article 5.12, paragraphs 3 and 4 and paragraphs eight to fourteen, shall apply mutatis mutandis, on the understanding that the amendment referred to in paragraph ten of that article takes place in agreement with the other administrative authorities involved and that the duty to report, as referred to in the twelfth paragraph of that article, does not apply. o 4. The program will be sent to Our after it has been determined or amended Minister. o 5. If no program as referred to in that paragraph is established for an area as referred to in the first paragraph, the relevant administrative authorities shall immediately take reasonable measures aimed at achieving the relevant limit value. Articles 5.12, ninth and eleventh paragraphs, and 5.14 apply mutatis mutandis. Article 5.14 The administrative authorities designated for this purpose in a program as referred to in Article 5.12, first paragraph, or 5.13, first paragraph, report annually before 1 July to Our Minister on the progress and implementation of a program and the measures, developments and decisions included therein, as well as on its effects on air quality. Article 5.15 Rules may be laid down by or pursuant to an order in council with regard to: o a. the manner in which a program as referred to in Article 5.12, first paragraph, or 5.13, first paragraph, is coordinated with other plans to be established or determined by or pursuant to statutory regulations; oh b. the preparation, design, content and implementation of a program as referred to in Article 5.12, first paragraph, or 5.13, first paragraph; o c. the reporting referred to in Article 5.14. § 5.2.4. Exercise of powers or application of legal regulations Article 5.16 o 1. When exercising a power referred to in subsection 2 or applying a statutory provision referred to therein, which exercise or application may have consequences for air quality, administrative bodies make use of one or more of the following grounds and demonstrate in doing so: Machine Translated by Google ÿ that an exercise or application, taking into account the effects on air quality of measures to improve air quality inseparable from that exercise or application, does not result in the exceeding, or is likely to be exceeded at or after the time of entry, of a limit value included in Appendix 2; b . that, subject to paragraph 5 and the provisions under that paragraph, set rules: ÿ 1°. the concentration in the open air of the relevant substance as a result of that exercise or application improves on balance or remains at least the same, or ÿ 2°. with a limited increase in the concentration of the the substance concerned, through a measure associated with that exercise or application or an effect arising from that exercise or application, improves the air quality on balance; ÿ c. that an exercise or application, taking into account the effects on air quality of measures to improve air quality inseparable from that exercise or application, does not significantly contribute to the outdoor air concentration of a substance for which a limit value is specified in Annex 2 Hospitalized; d . that an exercise or application is referred to or described in, or relates to, a development or intended decision which is mentioned or described in, or which is within or in any case not in conflict with a regulation pursuant to Article 5.12, first paragraph, or Article 5.13, first paragraph, established program. o 2. The powers or statutory regulations referred to in the first paragraph are the powers and statutory regulations referred to in: ÿ a. Articles 1.2, 7.27, 7.35, 7.42 and 8.40, first paragraph; b . Articles 13 and 16 of the Air Pollution Act; ÿ c. Articles 3.1, 3.26 and 3.28 of the Spatial Planning Act; d . Article 9, first paragraph, of the Route Act; ÿ e. Article 9 of the Emergency Road Widening Act; ÿ f. Article 2 of the City and Environment Approach Interim Act; ÿ g. Article 2.4 of the General Provisions Environmental Law Act, insofar as that power relates to: ÿ 1°. activities related to an establishment as referred to in Article 2.1(1)(e) of that Act; ÿ 2°. cases in which the zoning plan is deviated from pursuant to Article 2.12, first paragraph, under a, under 3°, or Article 2.12, second paragraph, of that Act; h . Article 2.3 of the Crisis and Recovery Act. o 3. In the exercise of a power or application of a legal regulation as referred to in the first paragraph, preamble and under c or d, during the period to which a program as referred to in Article 5.12, first paragraph, or 5.13, first paragraph, relates, with regard to the effects of the development in question whether the relevant decision on air quality does not contain a separate assessment of the air quality for a limit value included in Annex 2 for that period, nor for any year thereafter. Machine Translated by Google o 4. Rules may be laid down by or pursuant to an order in council with regard to the significant contribution as referred to in the first paragraph, preamble and under c, including the designation of categories of cases that in any case contribute, whether or not to a significant degree, in the sense referred to there. o 5. For the purposes of the first paragraph, opening words and under b, opening words and under 2, or under c, insofar as it concerns the measures inextricably related to an exercise or application: ÿ a. the positive or negative effects on air quality are taken into account for each substance separately; b . is there a functional or geographical connection between, on the one hand, the area or areas to which the exercise of powers or the application of legal regulations referred to in that paragraph relates and, on the other hand, the measure or measures taken in connection with that exercise or application? be taken; ÿ c. measures to reduce the concentration of a substance are carried out no later than simultaneously with the activities to be compensated, unless a simultaneous implementation hinders a reduction of the concentration of that substance in the longer term or is otherwise ineffective, and d . guarantees are taken to ensure that the measures to reduce the concentration of a substance are actually carried out. Further rules may be laid down by ministerial regulation. o 6. Outside a period as referred to in Article 5.12, first paragraph, or a program as referred to in Article 5.13, first paragraph, the first paragraph, preamble and under d, shall not apply, on the understanding that the exercise of a power or the application of a statutory regulation with regard to a development or intended decision that was previously mentioned or described in a program as referred to in Article 5.12, first paragraph, or 5.13, first paragraph, also remains possible after the expiry of the relevant period. Article 5.16a o 1. It may be determined by order in council that the exercise of a power or the application of a statutory provision, as referred to in Article 5.16, paragraph 1, in designated categories of cases in which a limit value included in Appendix 2 at or after the time of entry is exceeded or threatens to be exceeded, and in which the relevant exercise or application relates to an existing or new construction within the meaning of the Housing Act, takes place in such a way that it does not lead to an increase in the number of persons residing locally with an increased sensitivity to the concentrations in the open air of a substance to which the relevant limit value relates. o 2. By or pursuant to the measure referred to in the first paragraph, further rules shall be given as to the manner in which that paragraph is given effect, including limiting a category to cases in which its location or location requirements are not met; Machine Translated by Google distance of a structure from a source or sources of air pollution. Article 5.17 o 1. To be designated by or pursuant to an order in council administrative bodies shall adopt all necessary measures aimed at achieving, as far as possible, a guideline value included in Appendix 2 within the specified period. These measures may form part of a plan or program as referred to in Article 5.9, first paragraph, 5.12, first paragraph, or 5.13, first paragraph, or of another plan or programme. o 2. By or pursuant to the order in council referred to in the first paragraph, further rules are laid down with regard to the measures referred to in that paragraph, which in any case include rules regarding the nature of those measures. Article 5.18 o 1. The Queen's Commissioner shall notify the public as soon as possible if an alarm threshold or information threshold specified in Appendix 2 has been exceeded in his province. If an information threshold or alarm threshold is exceeded in connection with a limit value specified in Appendix 2 for another pollutant in the open air, the Queen's Commissioner will also notify the latter of the latter violation. o 2. Rules shall be laid down by ministerial order with regard to the notification referred to in the first paragraph and the information to be provided to the public in this connection, as well as with regard to the manner in which Article 24 of the EC Air Quality Directive is implemented. o 3. Article 48, paragraph 3, of the Air Pollution Act applies mutatis mutandis. § 5.2.5. Air quality assessment Article 5.19 o 1. The assessment of the air quality takes place in accordance with the of rules laid down pursuant to this paragraph shall take place in all agglomerations and zones designated pursuant to Article 5.22. o 2. Notwithstanding the first paragraph, no assessment of air quality takes place with regard to air quality requirements for the protection of human health, included in Annex 2: ÿ a. locations located in areas to which members of the public have no access and where there is no permanent residence; b . sites on which one or more establishments are located, where provisions regarding health and safety at workplaces as referred to in Article 5.6, second paragraph, apply; ÿ c. the carriageway of roads and the central reservation of roads, unless pedestrians normally have access to the central reservation. Machine Translated by Google o 3. When determining the quality level, when determining the quality concentrations of pollutants including the concentration contributions from natural sources, after being determined separately. o 4. When determining the extent to which a determined quality level meets a limit value included in Appendix 2, if that quality level is higher than that limit value, the concentration contributions from natural sources are always deducted. o 5. Further rules may be laid down by ministerial order if necessary for the correct implementation of the first to fourth paragraphs. Article 5.20 o 1. Rules are laid down by ministerial order for the application of this title, Annex 2 and the provisions based on this title with regard to the assessment of the air quality with regard to the substances referred to in Annex 2, which may in any case include rules about: ÿ a. the administrative bodies responsible for assessing air quality; b . the manner and frequency with which air quality is assessed, including the locations where air quality is assessed, and the data to be used; ÿ c. the manner in which and the frequency with which the quality level is measured or calculated; d . the method of financing the measurements and calculations; ÿ e. the manner and time at which the air quality assessment is reported and the data to be included in the report; ÿ f. the manner in which the achievement of the limit values referred to in Articles 5.12 or 5.13 is established; ÿ g. the way in which the effects of developments, decisions and measures as referred to in this title are determined individually and in conjunction, and the data to be used for this; h . the way in which the autonomous development as referred to in this title is determined. o 2. In the regulation referred to in the first paragraph, it may be stipulated that appropriate rules apply or do not apply in the cases mentioned therein. o 3. It may be stipulated in the regulation referred to in the first paragraph that the use of methods other than those specified therein for the assessment of air quality or for determining the effects or the use of data other than those specified therein is not permitted. then after prior approval by Our Minister. o 4. The approval referred to in the third paragraph may be withheld or withdrawn if, in the opinion of Our Minister, the use of the method or data in question does not, or no longer, leads to a sufficiently accurate or reliable assessment of the air quality or determination of effects and more suitable methods or data are available for this purpose. o 5. Conditions or restrictions may be attached to the approval. These can be changed or withdrawn. Article 5.21 Machine Translated by Google o 1. Our Minister may: ÿ a. testing the accuracy of a measurement method or other method by which the quality level or effects are measured or calculated, b . test the accuracy of the application of a method referred to under a. o 2. The results obtained through the assessment take the place of previous or otherwise obtained results. o 3. Our Minister shall notify the relevant administrative body of the results referred to in the second paragraph. Article 5.22 o 1. For the application of this title, Appendix 2 and the to the provisions based on this title for the measurements and calculations of the quality level of zones or agglomerations. o 2. Our Minister shall consider at least once every five years to what extent the designation of zones and agglomerations referred to in subsection 1 needs to be amended. o 3. Our Minister shall draw up lists as referred to in Article 27 of the EC Air Quality Directive, on the basis of the designation of zones and agglomerations, as referred to in the first paragraph, and the results of the measurements and calculations, as referred to in that paragraph, and Article 3 of Directive no. 2004/107/EC of the European Parliament and of the Council of the European Union of 15 December 2004 on arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in air (PbEG L 23). § 5.2.6. Enforcement and international cooperation Article 5.23 o 1. Our Minister may, if an obligation as referred to in Article 5.9, first paragraph, 5.12, seventh and ninth paragraph, 5.14 or 5.19, fourth paragraph, is not or not complied with in time, instruct the provincial executive or mayor and aldermen to to implement it. In doing so, Our Minister will take into account an effective air quality policy aimed at achieving and continuing to comply with a limit value specified in Appendix 2. o 2. When designating, a term is set within which implementation will take place given to the designation. o 3. An instruction will not be given until the administrative authority concerned has been given the opportunity to express its views on the intention to issue the instruction, unless urgent circumstances dictate otherwise. o 4. When the administrative authority concerned has a pursuant to subsection 1 If the requested decision or act is not or not properly carried out, Our Minister is authorized to provide this on behalf of that administrative authority and at the expense of that administrative authority. Article 5.24 Machine Translated by Google o 1. Our Minister is charged with organizing the cooperation with other Member States and with the Commission of the European Communities, for the implementation of the EC Air Quality Directive. o 2. Further rules may be laid down by ministerial order regarding the cooperation referred to in the first paragraph. • Chapter 6. Environmental zoning Article 6.1 [Reserved.] • Chapter 7. Environmental Impact Assessment § 7.1. General Article 7.1 o 1. In this chapter and the provisions based on it, the following definitions apply: Our Ministers: Our Minister, Our Minister of Agriculture, Nature and Food quality and Our Minister of Education, Culture and Science; the commission: the commission for environmental impact assessment. o 2. Unless otherwise stated, paragraphs 7.3 to 7.5 and 7.7 to with 7.12 in this chapter means: ÿ a. activity: ÿ 1°. activity designated pursuant to Article 7.2, paragraph 1, under a, pursuant to Article 7.2, paragraph 1, under b, and to which Article 7.18 applies, or pursuant to Article 7.6, paragraph 1; ÿ 2°. activity as referred to in Article 7.2a, first paragraph; b . plan: plan for the preparation of which an environmental impact statement must be drawn up pursuant to Articles 7.2, second paragraph, 7.2a, first paragraph, or 7.6, second paragraph; ÿ c. decision: decision in the preparation of which an environmental impact statement must be drawn up pursuant to Article 7.2, paragraph 3, pursuant to Article 7.2, paragraph 4, in conjunction with Article 7.18, or pursuant to Article 7.6, paragraph 3; d . ecological main structure: the combination of the areas and the connections between those areas, which have been designated and delimited as such by the provincial government pursuant to the Spatial Planning Act, as well as the major bodies of water and the North Sea, in accordance with map 5 of the Spatial Planning Policy Document, part 3A ( Parliamentary Papers II 2004/05, 29 435, no. 154), insofar as they do not belong to an area as referred to in Article 10a, first paragraph, of the Nature Conservation Act 1998. o 3. The second paragraph, under a, under 2°, does not apply if a provision relates exclusively to a decision as referred to in that paragraph, under c. o 4. In this chapter and the provisions based on it, the competent authority is understood to mean the administrative body that is authorized to prepare or adopt a plan or a decision. Machine Translated by Google o 5. In this chapter and the provisions based on it, insofar as they should not already be regarded as such on the basis of other statutory provisions, the following shall also be regarded as advisers: ÿ a. if the competent authority is a body of the central government: an administrative body designated by Our Minister, an administrative body designated by Our Minister of Agriculture, Nature and Food Quality and an administrative body designated by Our Minister of Education, Culture and Science; b . if the competent authority is another administrative body: ÿ 1º. an administrative body designated by Our Minister of Agriculture, Nature and Food Quality and an administrative body designated by Our Minister of Education, Culture and Science, and ÿ 2º. the inspector, in so far as it concerns an activity related to an establishment as referred to in Article 2.1, first paragraph, under e, of the General Provisions for Environmental Law Act, in a case that belongs to a designated pursuant to Article 2.26, third paragraph, of that Act category. Article 7.1a [Repealed on 01-07-2010] § 7.2. Plans and decisions that require the preparation of an environmental impact statement Article 7.2 o 1. The activities are designated by order in council: ÿ a. which may have significant adverse effects on the environment; b . in respect of which the competent authority must assess whether they may have significant adverse effects on the environment. o 2. With regard to the activities referred to in the first paragraph, the measure the categories of plans designated for the preparation of which an environmental impact statement must be drawn up. A plan is only designated if the plan forms the framework for a decision as referred to in the third or fourth paragraph. A plan in any case forms the framework for such a decision if in that plan: ÿ a. a location or a route is designated for those activities, or b . one or more locations or routes for those activities are considered. o 3. With regard to the activities referred to in the first paragraph, under a, the categories of decisions are designated for the preparation of which an environmental impact statement must be drawn up. o 4. With regard to the activities referred to in the first paragraph, under b, the categories of decisions designated within the framework of which the competent authority must assess under Articles 7.17 or 7.19 whether those activities have the consequences referred to in that part, and if so, in the preparation of which an environmental impact statement must be drawn up. o 5. In the order, a plan may be regarded as a decision as referred to in the third or fourth paragraph, provided that the plan has not been designated for the activity in question on the basis of the second paragraph. Machine Translated by Google o 6. The activities referred to in the first paragraph may also include activities that, in conjunction with other activities, can have significant adverse effects on the environment. o 7. The activities referred to in the first paragraph include activities for which categories of plans and decisions are designated in the order and which take place in the exclusive economic zone. o 8. The measure may provide that the designation of an activity, or of a plan or decision only applies in designated categories of cases. Artikel 7.2a o 1. An environmental impact statement is drawn up during the preparation of a plan to be drawn up on the basis of a statutory or administrative provision, for which an appropriate assessment must be made in connection with an activity included therein on the basis of Article 19j, second paragraph, of the Nature Conservation Act 1998. o 2. Categories of cases may be designated by order in council involving small areas and minor changes that do not have significant environmental effects, to which the obligation to draw up an environmental impact statement, as referred to in subsection 1, does not apply. is. o 3. An activity as referred to in the first paragraph includes an activity as referred to in that paragraph that takes place in the exclusive economic zone. Article 7.3 o 1. No plans are designated for the measure referred to in Article 7.2 the: ÿ a. exclusively relate to national defense or to an emergency situation as referred to in the Coordination Act on Exceptional Situations; b . relate to the budget or finances of the central government, the province, the municipality or a water board. o 2. Article 7.2a does not apply with regard to plans as referred to in the first member. Article 7.4 [Repealed on 01-07-2010] Article 7.5 [Repealed on 01-07-2010] Article 7.6 o 1. With a view to protecting the environment in areas located within their province, other than areas as referred to in Section 10a, subsection 1, of the Nature Conservation Act 1998, which are of special significance or in which the environment is already is seriously polluted or affected in the provincial environmental ordinance designate activities that are not included in an order in council pursuant to Article 7.2, first paragraph, under a, and which may have significant adverse consequences for the environment in those areas. Article 7.2, sixth and eighth paragraphs, apply mutatis mutandis. Machine Translated by Google o 2. With regard to those activities, they can define the categories of plans designate in the preparation of which an environmental impact statement must be drawn up if those activities are carried out within their province. Articles 7.2, second paragraph, second and third sentences, fifth and eighth paragraphs, and 7.3, first paragraph, apply mutatis mutandis. o 3. With regard to those activities, they designate the categories of decisions in the preparation of which an environmental impact statement must be drawn up if those activities are carried out within their province. o 4. Section 3.4 of the General Administrative Law Act applies to the preparation of a decision containing a designation pursuant to subsections 1 to 3 inclusive; views can be put forward by anyone. The provincial executive consults on the design with the mayor and aldermen of the municipalities and the day-to-day management of the water boards in their province. They shall give the administrative authorities referred to in Article 7.1, fifth paragraph, under b, under 1, and Our Minister the opportunity to advise on the draft. o 5. Together with the draft decree, the Provincial Executive submits to the provincial council a report of the consultations held, the advice issued and the views expressed, stating the extent to which this has been taken into account, stating the reasons. o 6. Simultaneously with the publication of the decision, containing a designation as referred to in subsections 1 to 3, shall be notified thereof by sending a copy to each of Our Ministers and, insofar as it concerns the designation of categories of decisions as referred to in subsection 3, to the committee. § 7.3. The environmental impact statement relating to a plan Article 7.7 o 1. The environmental impact statement relating to a plan is drawn up by the competent authority and contains at least: ÿ a. a description of what is intended by the intended activity; b . a description of the proposed activity, as well as the alternatives to it that should reasonably be taken into account, and the motivation for the choice of the alternatives considered; ÿ c. an overview of previously established plans related to the proposed activity and the described alternatives; d . a description of the existing state of the environment, insofar as the proposed activity or the alternatives described may have consequences for it, as well as of the expected development of that environment, if neither that activity nor the alternatives are undertaken; ÿ e. a description of the consequences for the environment that the proposed activity or the alternatives described may have, as well as a motivation for the way in which these consequences have been determined and described; Machine Translated by Google ÿ f. a comparison of the expected development of the environment described under d with the described possible consequences for the environment of the proposed activity, as well as with the described possible consequences for the environment of each of the alternatives considered; ÿ g. a description of the measures to prevent, limit or eliminate as much as possible significant adverse effects on the environment of the activity; h . an overview of the gaps in the descriptions, referred to in parts d and e, as a result of the lack of the required information; ÿ i. a summary that provides a general public with sufficient insight for the assessment of the environmental impact statement and of the possible consequences for the environment of the proposed activity and of the described alternatives described therein. o 2. The environmental impact report is drawn up in the Dutch language. The summary referred to in the first paragraph, under i, is always drawn up in the Dutch language. If an activity may have significant adverse effects on the environment in another country, the person undertaking the activity shall, at the request of the competent authority, send a translation of the summary into the national language of the area into the other country where the activity may have significant adverse effects. o 3. The competent authority: ÿ adapt the report, including its level of detail, to the level of detail of the plan and to the stage of the decision-making process in which the plan is located, and, if the plan is part of a hierarchy of plans, in particular to the place the plan occupies in that hierarchy; b . may use other environmental impact statements that meet to the provisions of or pursuant to this chapter. o 4. Rules may be laid down by order in council with with regard to the way in which the data referred to in the first paragraph are determined and described. § 7.4. The preparation of an environmental impact statement related to a plan Article 7.8 Before drawing up the environmental impact statement, the competent authority shall consult the advisers and administrative bodies involved in the preparation of the plan pursuant to the statutory regulation on which the plan is based on the scope and level of detail of the information aimed at what is relevant for the plan and which must be included in the environmental impact statement pursuant to Article 7.7. Article 7.9 o 1. As soon as possible after an administrative authority has conceived of its intention to prepare a plan, but at the latest at the time when Article 7.8 is applied, it shall give notice of that intention, with Machine Translated by Google mutatis mutandis of Section 3:12(1) and (2) of the General Administrative Law Act. o 2. The notification will state: ÿ a. that documents concerning the intention will be made public, and where and when, b . that an opportunity is given to express views on the intention, to whom, in what way and within what period, ÿ c. whether the committee or another independent body will be given the opportunity to advise on the intention, and d . whether with regard to the design of the plan application must are given to Article 7.11. o 3. The notification also states, if the environmental impact statement relates to a plan designated pursuant to Article 7.2, second paragraph, and the activity intended therein, designated pursuant to the first paragraph of that article, takes place in an area that is part of the ecological main structure: that the activity intended in the plan takes place in the ecological main structure. o 4. Notification will be made in a publication in another country in the event that there potential significant adverse effects on the environment in that other country. Article 7.10 o 1. An environmental impact statement is ready when the design of the plan is made available for inspection. o 2. The environmental impact statement can be included with or in the plan, provided it is recognizable as such in or therein. § 7.5. The plan Article 7.11 o 1. If the procedure for drawing up a plan does not provide for the draft of that plan to be made available for inspection and everyone is given the opportunity to present their views on that draft, in derogation from that procedure: ÿ a. with regard to the draft of that plan, application of Sections 3:11 and 3:12 of the General Administrative Law Act, and b . everyone has the opportunity to put forward his view on the draft, in accordance with Articles 3:15 and 3:16 of that Act. o 2. If the environmental impact statement is not included in the design of the plan: ÿ a. the report shall also be made available for inspection when the report is made available for inspection, as referred to in Section 3:11 of the General Administrative Law Act, b . the report shall also be notified with the notification referred to in Section 3:12 of that Act, and ÿ c. an opinion as referred to in Section 3:15 of that Act may also relate to the report. Machine Translated by Google o 3. If the first paragraph, under a, applies, if by virtue of a statutory regulation a plan must be adopted within a certain period, which period is shorter than the period referred to in Section 3:16 of the General Administrative Law Act , extended that term to the term referred to in Section 3:16 of the General Administrative Law Act, increased by two weeks. Article 7.12 o 1. If the environmental impact statement relates to a plan designated pursuant to Article 7.2, paragraph 2, or to a plan as referred to in Article 7.2a, paragraph 1, the Committee will be made available for inspection at the latest when the documents referred to in Article 7.11 are given the opportunity to advise on that report in accordance with the term that applies to the submission of views. o 2. If there are potential significant adverse transboundary consequences for the environment, the committee will address this in its advice if it issues a recommendation. Article 7.13 The competent authority does not adopt a plan: o a. after it has applied paragraphs 7.3 and 7.4; oh b. if the plan is such in relation to the draft of that plan changed that the data included in the environmental impact statement can no longer reasonably be used as the basis for the plan. Article 7.14 o 1. In or with the plan it is in any case stated: ÿ a. the manner in which account has been taken of the possible consequences for the environment of the activity to which the plan relates, described in the environmental impact statement; b . what has been considered with regard to the alternatives described in the environmental impact statement; ÿ c. what has been considered with regard to the views expressed in the draft of the plan with regard to the environmental impact statement; d . what has been considered with regard to the advice issued by the committee in accordance with Article 7.12. o 2. If applicable, the plan will also state: ÿ a. what has been considered in the environmental impact statement or in the advice, referred to in Article 7.12, regarding possible significant adverse transboundary environmental consequences; b . what has been considered with regard to the results of the consultations, referred to in Article 7.38a, paragraph 5. o 3. The competent authority determines in the plan the term or terms by which the investigation, as referred to in Article 7.39, is started, as well as the manner in which it will conduct that investigation. o 4. The person who undertakes the activity envisaged in that plan shall, upon request, provide the competent authority with full cooperation and shall provide all Machine Translated by Google information that it reasonably requires for conducting the investigation referred to in the third paragraph. Article 7.15 o 1. If the procedure for drawing up a plan does not provide for: ÿ a. a public notification of an adopted plan, that plan will be published in the manner provided for in Section 3:42 of the General Administrative Law Act; b . notification by sending a copy of an established plan to the committee and to those who have expressed their views during the preparation thereof, notification is made as provided for in Section 3:43 of the General Administrative Law Act. o 2. If the environmental impact statement is not included in the plan, that report notified at the same time as the plan. § 7.6. Decisions on which to assess whether an environmental impact statement should be prepared Article 7.16 o 1. If the person who wants to undertake an activity is appointed pursuant to Article 7.2, first paragraph, under b, intends to submit a request to take a decision as referred to in the fourth paragraph of that article, he shall notify the competent authority of that intention in writing. o 2. In the notification referred to in the first paragraph, attention will in any case be given to the adverse consequences referred to in Article 7.17, first paragraph, that the activity may have on the environment. o 3. With a notification as referred to in the first paragraph, the person wishing to undertake the activity can declare that he is preparing an environmental impact statement when preparing the decision. Article 7.17 o 1. Except in the event that Article 7.16, third paragraph, has been applied, the competent authority will take a decision no later than six weeks after the date of receipt regarding the question whether, during the preparation of the relevant decision for the activity, because of the important adverse effects it may have on the environment, an environmental impact statement must be prepared. o 2. If more than one decision has been designated with regard to the activity, the competent administrative authorities shall take the decision referred to in the first paragraph jointly. o 3. In making its decision, the competent authority takes into account the criteria specified in Annex III to the EEC Environmental Impact Assessment Directive. o 4. The competent authority shall notify its decision by: ÿ a. notification in one or more daily, news or free local papers, and if it has been decided that no environmental impact statement has to be drawn up for the activity, notification in the Government Gazette; b . notice in a publication in another country of potential material adverse effects on the environment in that other country; Machine Translated by Google ÿ c. available for inspection. o 5. In notifications as referred to in the fourth paragraph, the competent authority shall state: at least: ÿ a. the time at which a copy of the decision is made available for inspection, as well as the times and the place where it is available for inspection; b . the scope of the decision. Article 7.18 A person who wishes to undertake an activity, designated pursuant to Article 7.2, first paragraph, under b, must prepare an environmental impact statement, if: o a. the competent authority has decided that in the preparation of the decides an environmental impact statement should be made; oh b. he has issued a statement as referred to in Article 7.16, paragraph 3. Article 7.19 o 1. If the competent authority is the person who wishes to undertake an activity designated pursuant to Article 7.2, first paragraph, under b, it shall take the decision at the earliest possible stage to prepare the decision pursuant to Article 7.2, paragraph 1. appropriate to make a decision as to whether an environmental impact statement should be drawn up because of the significant adverse effects that the activity may have on the environment. Article 7.17, paragraphs 2 and 3, shall apply mutatis mutandis. o 2. As early as possible is understood to mean the following: ÿ a. if it concerns a decision of which the preliminary draft of the decision is made available for inspection pursuant to a statutory provision, the stage prior to the preliminary draft being made available for inspection, or b . if subsection a does not apply, the stage preceding to the opening of the draft decision. o 3. The competent authority takes the decision after consultation with the administrative authorities who must be involved in the preparation of the relevant decision by or pursuant to a law. o 4. The competent authority shall notify its decision by: ÿ a. notification in one or more daily, news or free local papers, and if it has been decided that no environmental impact statement will be drawn up for the activity, notification in the Government Gazette; b . notice in a publication in another country of potential material adverse effects on the environment in that other country; ÿ c. available for inspection. o 5. In the notifications referred to in the fourth paragraph, the competent authority shall state: at least: ÿ a. the time at which a copy of the decision is made available for inspection, as well as the times and the place where it is available for inspection; b . the scope of the decision. Article 7.20 Machine Translated by Google Articles 7.16 to 7.19 inclusive shall not apply with regard to an activity designated in an order in council pursuant to Article 7.2, first paragraph, under b, insofar as that activity is subject to a provincial ordinance pursuant to Article 7.6, first paragraph, in accordance with the description in that order in council and it concerns a decision that has been designated by that regulation in accordance with that order with regard to that activity. § 7.7. The environmental impact statement related to a decision Article 7.21 o 1. The competent authority may, at the request of the person undertaking the activity, grant an exemption from the obligation to prepare an environmental impact statement when preparing a decision designated pursuant to Article 7.2, paragraph 3, or Article 7.6, paragraph 3, in cases in which the public interest necessitates the immediate undertaking of the activity to which those decisions relate. o 2. A request for exemption contains in any case: ÿ a. a description of the proposed activity; b . a description of the conditions under which the activity will be carried out; ÿ c. the reasons for the request, and d . an indication of the potential significant adverse effects on the environment. o 3. If reference is made in a request as referred to in the second paragraph to documents, the request shall be accompanied by those documents. o 4. The decision on the request will be taken no later than nine weeks after its receipt. At the same time as the announcement, the decision will be communicated to Our Ministers. o 5. No later than two weeks after the notification referred to in the fourth paragraph, the competent authority will simultaneously notify the decision on the request, as referred to in that paragraph, by notification in one or more daily, news or door-to- door magazines, and in the Government Gazette, and a copy of the decision is made available for inspection, in respect of which the place, time and hours are stated in the notification. Article 7.22 o 1. In cases where a decision is taken at the request of the person undertaking the activity concerned, the latter will prepare the environmental impact statement. o 2. In cases other than those referred to in the first paragraph, the competent authority prepares the environmental impact statement. Article 7.23 o 1. An environmental impact statement contains the following information: ÿ a. a description of what is intended by the intended activity; b . a description of the proposed activity and the way in which it will be carried out, as well as the alternatives thereto, which should reasonably be considered Machine Translated by Google taken, and the motivation for the choice of the alternatives considered; ÿ c. an indication of the decision or decisions in the preparation of which the environmental impact statement is drawn up, and an overview of the decisions taken previously by administrative authorities, relating to the proposed activity and the alternatives described. d . a description of the existing state of the environment, insofar as the proposed activity or the alternatives described may have consequences for it, as well as of the expected development of that environment, if neither that activity nor the alternatives are undertaken; ÿ e. a description of the consequences for the environment that the proposed activity or the alternatives described may have, as well as a motivation for the way in which these consequences have been determined and described; ÿ f. a comparison of the expected development of the environment described under d with the described possible consequences for the environment of the proposed activity, as well as with the described possible consequences for the environment of each of the alternatives considered; ÿ g. a description of the measures to prevent, limit or eliminate as much as possible significant adverse environmental effects of the activity; h . an overview of the gaps in the descriptions, referred to in parts d and e, as a result of the lack of the required information; ÿ i. a summary that provides a general public with sufficient insight for the assessment of the environmental impact statement and of the possible environmental consequences of the proposed activity and of the described alternatives described therein; ÿ j. as well as the data designated in Annex IV of the EEC Environmental Impact Assessment Directive, insofar as the environmental impact statement does not already contain this data on the basis of parts a to i. o 2. The environmental impact report is drawn up in the Dutch language. When providing the advice referred to in Article 7.26 or Article 7.27, the competent authority may grant permission to the person undertaking the activity to prepare the report in a different language to be indicated. The summary referred to in the first paragraph, under i, is always drawn up in the Dutch language. If an activity in the preparation of which an environmental impact statement must be drawn up may have significant adverse effects on the environment in another country, the person undertaking the activity shall, at the request of the competent authority, send a translation of the summary in the national language of the area in the other country where the activity may have significant adverse effects. o 3. Rules may be laid down by order in council with with regard to the way in which the data referred to in the first paragraph are determined and described. Machine Translated by Google § 7.8. The preparation of the environmental impact statement relating to a decision to which Section 3.4 of the General Administrative Law Act and Section 13.2 apply, with the exception of a decision relating to an activity for which a decision is also required for which pursuant to Article 19f, first member, of the Nature Conservation Act 1998, an appropriate assessment must be made Article 7.24 o 1. The person who wants to undertake an activity, designated pursuant to the Articles 7.2, first paragraph, under a, under b in conjunction with Article 7.18, or 7.6, first paragraph, and who intends to submit an application for a decision, designated pursuant to Article 7.2, third or fourth paragraph, or 7.6, subsection 3, and to which Section 3.4 of the General Administrative Law Act and Section 13.2 apply, shall notify the competent authority of that intention in writing. o 2. At the request of the applicant, the competent authority issues advice regarding the scope and level of detail of the information for the purpose of an environmental impact statement. o 3. In the absence of a request as referred to in the second paragraph, the competent authority may issue advice ex officio. Article 7.25 The competent authority shall consult the advisers and administrative bodies involved in the preparation of the decision pursuant to the statutory provision on which the decision is based, for the purpose of providing advice as referred to in Article 7.24, paragraphs 2 and 3, and also consults about that advice with the person undertaking the activity. Article 7.26 The competent authority will issue an advice as referred to in Article 7.24 no later than six weeks after receipt of the request or, in the absence thereof, no later than six weeks after the notification of the intention. The competent authority may extend the term once by a maximum of six weeks. Article 7.26a On the preparation of an environmental impact statement with regard to an activity as referred to in Article 7.24, first paragraph, that relates to a decision as referred to in that paragraph and for which activity a decision is also required for which pursuant to Article 19f, first paragraph , an appropriate assessment of the Nature Conservation Act 1998 must be made, notwithstanding Articles 7.24 to 7.26, Article 7.27 applies mutatis mutandis. § 7.9. The preparation of the environmental impact statement relating to a decision to which Section 3.4 of the General Administrative Law Act or Section 13.2 do not apply, as well as a decision to which Section 3.4 of the General Administrative Law Act and Section 13.2 apply with regard to an activity for which a decision is required for which pursuant to Article Machine Translated by Google 19f, first paragraph, of the Nature Conservation Act 1998, an appropriate assessment must be made Article 7.27 o 1. A person who wishes to undertake an activity, designated pursuant to Article 7.2, first paragraph, under a, or under b, in conjunction with Article 7.18, or 7.6, first paragraph, and who intends to submit an application to take of a decision designated pursuant to Article 7.2, third or fourth paragraph, and to which Section 3.4 of the General Administrative Law Act or Section 13.2 do not apply, it shall notify the competent authority in writing as soon as possible. o 2. As soon as possible after receipt of the notification referred to in the first paragraph, or before drawing up the environmental impact statement, if an administrative authority is the one that wishes to undertake the activity, the competent authority shall consult the advisers and the administrative authorities that are appointed pursuant to the The statutory provision on which the decision is based are included in the preparation of the decision, about the scope and level of detail of the information that is aimed at what is relevant for the decision and that must be included in the environmental impact statement pursuant to Article 7.23. o 3. As soon as possible after receipt of the notification or after the interpretation of the intention by an administrative body, but at the latest at the time when it applies the second paragraph, the competent authority shall notify the intention referred to in the first paragraph, or of its own intention, with corresponding application of Article 3 :12, first and second paragraph, of the General Administrative Law Act. o 4. The notification will state: ÿ a. that documents concerning the intention will be made public, and where and when, b . that there is an opportunity to express views on the intention, to whom, in what way and within what period of time, and ÿ c. whether the committee or another independent body is given the opportunity to advise on the proposal. o 5. The notification also states if the environmental impact statement relates to a decision designated pursuant to Article 7.2, paragraph 3 or 4, and for the intended activity designated pursuant to paragraph 1(a) of that article, an appropriate assessment must be made in connection with the possible significant consequences for a Natura 2000 site: that the activity must be subject to an appropriate assessment in relation to the potential significant impact on a Natura 2000 site. o 6. Notification will be made in a publication in another country in the event that there potential significant adverse effects on the environment in that other country. o 7. In case the competent authority is not the one who wants the activity undertaking, it shall issue an opinion on the scope and level of detail of the information for the purpose of an environmental impact statement no later than six weeks after receipt of the notification. The competent authority may extend the term once by a maximum of six weeks. Machine Translated by Google § 7.10. The decision Article 7.28 o 1. The competent authority does not consider an application for a decision in the event that ÿ a. no environmental impact statement was submitted when the application was submitted, unless an exemption has been granted from the obligation to draw up an environmental impact statement pursuant to Article 7.21; b . the environmental impact report submitted, also in view of the advice provided on the basis of Article 7.26 or Article 7.27, does not comply with Article 7.23 or contains inaccuracies; ÿ c. in cases in which one environmental impact statement is drawn up pursuant to Article 14.5 in preparation for more than one decision, the applications from the applicant for the other decisions involved are not submitted at the same time. o 2. The competent authority shall also disregard the application if it concerns a decision as referred to in Article 7.2, fourth paragraph, which is taken on application pursuant to a statutory provision, and on which no decision has been taken pursuant to Article 7.17, first paragraph. it has been decided that an environmental impact statement must be drawn up, which has not been submitted. Article 7.29 o 1. If an application as referred to in Article 7.28 is publicly notified, the environmental impact statement will be publicly notified at the same time. o 2. In the event of potential significant adverse environmental impacts in another country, the application and the environmental impact statement will be publicly notified in a publication in that other country. Article 7.30 o 1. If the procedure for drawing up the decision provides for public notification of the preliminary draft or the draft of a decision, the environmental impact statement will be publicly notified at the same time, except in cases as referred to in Article 7.29. If that procedure provides for public notification of both a preliminary draft and a draft of the decision, the environmental impact statement shall be notified at the same time as the preliminary draft. o 2. The first paragraph applies mutatis mutandis to the public notice in a publication in another country in the event of potential material adverse effects on the environment in that other country. o 3. If the procedure for drawing up the decision does not provide for Notwithstanding that procedure, public notification of the application, the preliminary draft or the draft of a decision shall be publicly notified simultaneously with the draft of the decision, pursuant to Section 3:12 of the General Administrative Law Act. Article 7.31 [Repealed on 01-07-2005] Machine Translated by Google Article 7.32 o 1. If an application as referred to in Article 7.28, or the preliminary draft or draft of a decision as referred to in Article 7.30, is made available for inspection and everyone is given the opportunity to express views on the matter, views on the environmental impact statement can be presented simultaneously with views on that application or that preliminary draft or design, with which the environmental impact statement has been made available for inspection. o 2. If the procedure for drawing up a decision does not provide for the application, the preliminary draft or the draft of the decision to be made available for inspection and everyone is given the opportunity to express their views on this, in derogation of that procedure Articles 3:11, 3:12, 3:15 and 3:16 of the General Administrative Law Act apply. Views on the environmental impact statement can be put forward by anyone. Views on the environmental impact statement can be put forward simultaneously with the views on the draft decision. o 3. The views on the environmental impact statement can only relate to the content of the environmental impact statement, the report's failure to comply with the rules laid down in or pursuant to Article 7.23 or to inaccuracies contained in the report. o 4. If the first paragraph applies and the procedure for drawing up a decision provides for the adoption of a decision within a certain period, then that period, if it is shorter than the period referred to in Section 3:16 of the the General Administrative Law Act, extended to the term referred to in Section 3:16 of the General Administrative Law Act increased by two weeks. o 5. Section 7.12 applies mutatis mutandis to a decision to which Section 3.4 of the General Administrative Law Act or Section 13.2 do not apply, and to a decision relating to an activity as referred to in Section 7.26a. Article 7.33 [Repealed on 01-07-2005] Article 7.34 [Repealed on 01-07-2010] Article 7.35 o 1. When making a decision, the competent authority takes into account all consequences that the activity to which the decision relates may have on the environment. o 2. Except insofar as provided otherwise in or pursuant to paragraphs 3 to 6, paragraph 1 shall only apply insofar as the statutory regulation on which the decision is based does not preclude this. o 3. If only one decision has been designated with regard to an activity, the competent authority may, irrespective of the restrictions laid down in the legal regulation on which the decision is based: ÿ a. in addition to the conditions, regulations and restrictions for inclusion of which it is authorized pursuant to that statutory regulation, also include in the decree all other conditions, regulations and restrictions that are necessary to protect the environment; Machine Translated by Google b . make a decision to the effect that the activity is not undertaken if the undertaking of that activity could lead to impermissible adverse effects on the environment. o 4. Section 3.4 of the General Administrative Law Act applies to the preparation of a decision as referred to in the third paragraph, irrespective of the relevant provisions of the relevant statutory regulation. o 5. If section 3.4 of the General Administrative Law Act applies to the preparation of more than one of the decisions designated for the same activity, one of those decisions is designated as the decision to which subsection 3 applies. In that designation it may be stipulated that it only applies in the cases indicated therein. The designation is made by order in council. o 6. With regard to the decision designated pursuant to the fifth paragraph, the third paragraph applies, on the understanding that only conditions, regulations and restrictions can be set with regard to subjects for which no conditions, regulations and restrictions can be imposed in the other decisions referred to in the fifth paragraph. o 7. Rules may be laid down by order in council with regard to the application of the third paragraph. Article 7.36 A decision to be taken pursuant to another statutory regulation is deemed to have been taken pursuant to that regulation, even insofar as Article 7.35 is applied. Article 7.36a The competent authority does not take a decision: o a. then after it has applied Articles 7.22 and 7.23 and to paragraph 7.8 or 7.9; oh b. if the data included in the environmental impact statement can no longer reasonably be used as the basis for the decision. Article 7.37 o 1. The decision shall in any event state: ÿ the manner in which account has been taken of the possible consequences for the environment of the activity to which the decision relates, described in the environmental impact statement; b . what has been considered with regard to the alternatives described in the environmental impact statement; ÿ c. what has been considered with regard to the views expressed in accordance with Article 7.32 with regard to the environmental impact statement. o 2. The decision also states: ÿ a. if the committee has issued advice in accordance with article 7.32, paragraph 5, in conjunction with article 7.12, what has been considered with regard to that advice; b . if applicable, what is stated in the environmental impact statement regarding potential significant adverse transboundary environmental impacts have been considered, and Machine Translated by Google ÿ c. if applicable, what has been considered with regard to the results of the consultation referred to in Article 7.38a, paragraph 5. o 3. In the decision, the competent authority shall determine the term or terms within which the investigation referred to in Article 7.39 will commence, as well as the manner in which it will conduct that investigation. o 4. The person who undertakes the activity envisaged in that decision shall, upon request, provide the competent authority with full cooperation and provide all information that it reasonably requires for the conduct of the investigation referred to in the third paragraph. Article 7.38 If the procedure for drawing up a decision does not provide for: o a. publication of a decision, that decision is published in the manner provided for in section 3.6 of the General Administrative Law Act; oh b. communication by sending a copy of a decision to those who have expressed their views in its preparation and, where applicable, to the committee, advisers and governing bodies involved in the preparation, communication shall be given as provided in Section 3:44 of the General Administrative Law Act. § 7.11. Activities with potential transboundary environmental impact Article 7.38a o 1. After it has become apparent from the information collected under this Chapter that there is a potential significant adverse effect on the environment in another country as a result of a proposed activity, the government or any person appointed by that government shall informed authority of that other country as soon as possible. o 2. Without prejudice to paragraph 1, if an activity envisaged in a plan may have significant adverse effects on the environment in another country, the government of that country or an authority of that country to be designated by that government shall be provided : ÿ a. the draft of the plan and, if the environmental impact statement is not included in that draft, the environmental impact statement, simultaneously with its deposit for public inspection in the Netherlands; b . the adopted plan, and, if the environmental impact statement is not included in that plan, the environmental impact statement, at the same time as its publication in the Netherlands. o 3. If an activity envisaged in a decision has significant adverse may affect the environment in another country, without prejudice to paragraph 1, the government of that country or an authority of that country to be designated by that government shall be provided: ÿ the application referred to in Article 7.28 or the preliminary draft or draft of the Decree, as well as the environmental impact assessment and, if applicable, an advice as referred to in Article 7.26 or Article 7.27, respectively, simultaneously with its deposit for public inspection in the Netherlands; Machine Translated by Google b . the decision and the environmental impact statement simultaneously with its publication in the Netherlands. o 4. Articles 3:16(1) and (2) of the General Administrative Law Act and Articles 7.9(2) of the General Administrative Law Act and Articles 7.9(2) apply to the bodies designated for this purpose by the competent authority of the other country on the basis of their specific environmental responsibility. , under c, Article 7.25, respectively Article 7.27, fourth paragraph, apply mutatis mutandis. The documents referred to in paragraphs 2 and 3 shall also be sent to these authorities. o 5. The documents to be provided pursuant to the second or third paragraph serve as basis for consultation with governing bodies in the other country concerned about the significant adverse effects that the activity may have on the environment in that other country, and the measures envisaged to address those prevent or mitigate consequences. o 6. The competent authority is charged with the tasks arising from the application of the first to fourth paragraphs. The competent authority provides information and also sends the documents provided pursuant to subsections 2 and 3 to Our Minister, which documents also serve as the basis for the consultations referred to in subsection 5 to be held by the competent authority. o 7. Our Minister is generally responsible for maintaining contacts with the government of the other country and is involved in consultations at government level if the consultations about a proposed activity between the competent authority and the administrative authorities of that country do not lead to the desired outcome. led to a result. o 8. Further rules may be laid down by ministerial order with regard to the provisions of paragraphs 2 to 5 inclusive. Article 7.38b [Repealed on 01-07-2010] Article 7.38c [Repealed on 01-07-2010] Article 7.38d If another country believes that it may experience significant adverse consequences for the environment from an activity in the Netherlands envisaged in a plan or decision, the competent authority or Our Minister shall, at the request of that country, apply Article 7.38a, first to fifth paragraph, with due observance of the division of tasks between the competent authority and Our Minister, referred to in Article 7.38a, sixth and seventh paragraphs. Article 7.38e If another country may experience significant adverse effects on the environment as a result of an activity in the Netherlands envisaged in a plan or decision, Our Minister may determine that the competent authority shall not adopt that plan or decision until after Our Minister has completed a period of thirteen weeks after the end of the period within which opinions on the draft of that plan or on the application, the preliminary draft or draft of that decision can be put forward, the opportunity has been given to the results of the consultation referred to in Article 7.38a, seventh paragraph, to be submitted to the competent authority. Machine Translated by Google Article 7.38f [Repealed on 01-07-2010] Article 7.38g If a proposed activity in another country may have significant adverse effects on the environment in the Netherlands, Our Minister shall ensure that contacts are maintained with that country if no contact has been established between the administrative authorities directly involved in a proposed activity. the Netherlands and the administrative authorities of the other country or if the contact has not led to the desired result. § 7.12. Evaluation Article 7.39 o 1. The competent authority that has adopted a plan or has made a decision shall examine the consequences of the implementation of that plan or of that decision for the environment, when the activity envisaged in the plan or in the decision is undertaken or after it has been undertaken. o 2. If an activity included in a plan can only be undertaken after a decision has been made for it, the obligation referred to in the first paragraph rests with the authority that took that decision. Article 7.40 [Repealed on 01-07-2010] Article 7.41 o 1. The competent authority draws up a report of the investigation. o 2. If the environmental impact statement relates to a plan, it sends competent authority the report to the advisers, the administrative bodies referred to in Article 7.8, and to the committee. o 3. If the environmental impact statement relates to a decision, the competent authority will send the report to the person undertaking the activity, to the administrative bodies and to the advisers. It shall publish the report at the same time as applying Section 3:12(1) and (2) of the General Administrative Law Act by analogy. o 4. If the environmental impact statement relates to a decision on which the committee has issued advice in accordance with Article 7.32, paragraph 5, in conjunction with Article 7.12, the competent authority will also send the report to that committee. Article 7.42 o 1. If it appears from the investigation referred to in Article 7.39 that the activity in has significantly more adverse effects on the environment than those that were expected when the plan was drawn up or when the decision was taken, the competent authority, if it deems necessary, shall take the measures at its disposal in order to to limit or reverse those consequences as much as possible. Machine Translated by Google o 2. If the competent authority concludes with regard to a decision that it must be amended or withdrawn, Articles 7.35 and 7.36 shall apply mutatis mutandis to that amendment or withdrawal. Article 7.43 [Repealed on 01-07-2010] • Chapter 8. Devices Section 8.1 Article 8.1 [Repealed as of 01-10-2010] Article 8.2 [Repealed as of 01-10-2010] Article 8.2a [Repealed as of 01-10-2010] Article 8.2b [Repealed on 01-01-2006] Article 8.3 [Repealed on 01-10-2010] Article 8.4 [Repealed as of 01-10-2010] Article 8.5 [Repealed as of 01-10-2010] Article 8.6 [Repealed as of 01-10-2010] Article 8.7 [Repealed on 01-10-2010] Article 8.8 [Repealed as of 01-10-2010] Article 8.9 [Repealed as of 01-10-2010] Article 8.10 [Repealed as of 01-10-2010] Article 8.11 [Repealed on 01-10-2010] Article 8.12 [Repealed on 01-10-2010] Article 8.12a [Repealed on 01-10-2010] Article 8.12b [Repealed as of 01-10-2010] Article 8.13 [Repealed on 01-10-2010] Article 8.13a [Repealed on 01-10-2010] Article 8.14 [Repealed as of 01-10-2010] Article 8.15 [Repealed on 01-10-2010] Article 8.16 [Repealed on 01-10-2010] Article 8.17 [Repealed on 01-10-2010] Machine Translated by Google Article 8.18 [Repealed on 01-10-2010] Article 8.19 [Repealed as of 01-10-2010] Article 8.20 [Repealed on 01-10-2010] Article 8.21 [Repealed on 01-10-2010] Article 8.22 [Repealed as of 01-10-2010] Article 8.23 [Repealed on 01-10-2010] Article 8.24 [Repealed on 01-10-2010] Article 8.25 [Repealed on 01-10-2010] Article 8.26 [Repealed as of 01-10-2010] Article 8.26a [Repealed on 01-10-2010] Article 8.27 [Repealed on 01-10-2010] Article 8.28 [Repealed on 01-10-2010] Article 8.29 [Repealed on 01-10-2010] Article 8.30 [Repealed on 01-10-2010] Article 8.31 [Repealed as of 01-10-2010] Article 8.31a [Repealed as of 01-10-2010] Article 8.32 [Repealed as of 01-10-2010] Article 8.33 [Repealed on 01-10-2010] Article 8.34 [Repealed as of 01-10-2010] Article 8.35 [Repealed on 26-11-2008] Article 8.36 [Repealed on 26-11-2008] Article 8.36a [Repealed on 26-11-2008] Article 8.36b [Repealed on 26-11-2008] Article 8.36c [Repealed on 26-11-2008] Article 8.36d [Repealed on 26-11-2008] Article 8.36e [Repealed on 26-11-2008] Article 8.37 [Repealed on 26-11-2008] Article 8.38 [Repealed on 26-11-2008] Machine Translated by Google Article 8.39 [Repealed as of 01-10-2010] Article 8.39a [Repealed as of 01-10-2010] Article 8.39b [Repealed as of 01-10-2010] Article 8.39c [Repealed as of 01-10-2010] Article 8.39d [Repealed as of 01-10-2010] Article 8.39e [Repealed on 01-10-2010] Article 8.39f [Repealed as of 01-10-2010] Article 8.40 o 1. Rules are laid down by or pursuant to an order in council that are necessary to protect the environment against the adverse effects that establishments may cause. It can also be determined that the rules laid down in this respect only apply in the categories of cases indicated therein. o 2. In the decision to adopt an order in council as referred to in the first paragraph, the following will in any case be involved: a. ÿ a. the existing state of the environment, insofar as installations belonging to the categories concerned can cause consequences; b . the consequences for the environment that establishments belonging to the categories concerned may cause, also viewed in their mutual relationship; ÿ c. the developments that can reasonably be expected with regard to establishments belonging to the categories concerned and the environment in which such establishments are or may be located that are important with a view to protecting the environment; d . the possibilities of protecting the environment by preventing or limiting as far as possible the adverse effects on the environment that establishments belonging to the categories concerned may cause, in so far as they cannot be prevented; ÿ e. the environmental quality requirements applicable to parts of the environment, which may be affected by the categories of establishments concerned, established pursuant to or in accordance with Article 5.1 or Annex 2; ÿ f. the reasonably foreseeable financial and economic consequences of the measure. An explanation of the measure indicates how these aspects are involved in the preparation of the measure. o 3. With regard to regulations to be laid down in the rules, the rules laid down by or pursuant to Article 2.22, paragraphs 2 and 3, regarding activities relating to establishments as referred to in Article 2.1, paragraph 1, under e, of the Machine Translated by Google General Provisions of Environmental Law Act, as well as Articles 2.23, 2.30, first paragraph, 2.31, first paragraph, under b, 2.33, first paragraph, under b, and 4.1 of that Act apply mutatis mutandis, on the understanding that providing financial security only may be prescribed in the form of taking out insurance against liability for damage resulting from the adverse effects on the environment caused by the establishment. o 4. This paragraph and the provisions based on it are also of applies to establishments that may cause consequences for the environment within the exclusive economic zone, insofar as this has been determined by an order in council as referred to in the first paragraph. Article 8.40a o 1. If by or pursuant to an order in council as referred to in Article 8.40 includes an obligation for the person who operates the establishment to take specified measures, it may be stipulated that the person can take other measures instead, if those other measures provide at least an equivalent level of protection for the environment. reaches. o 2. The person who operates the establishment must submit an application to the administrative authority to be able to take other measures, indicated in the order in council referred to in the first paragraph, which application contains information showing that with those other measures at least an equivalent level of environmental protection is achieved. o 3. The administrative body referred to in the second paragraph will make a decision within eight weeks on the equivalence of the other measures. The administrative authority may extend this period once by a maximum of six weeks. o 4. If the measures to which the application relates are directly related to activities for which an application for an environmental permit has been submitted or which are permitted under an environmental permit, the decision on the application will be aligned with the relevant application for an environmental permit or the relevant environmental permit. Article 8.41 o 1. By order in council pursuant to Article 8.40, with regard to categories of establishments designated therein, the obligation is imposed to report the establishment or change of an establishment to which the measure relates, or of the change in its operation. o 2. The measure states: ÿ a. the administrative body to which the notification is addressed; b . the time, prior to incorporation or change, at which the notification must be made at the latest; ÿ c. the information that must be provided with the notification; d . in which cases the notification is made wholly or partly electronically or in which cases the competent authority receives notifications made wholly or partially electronically. o 3. Our Minister may lay down further rules with regard to the information referred to in subsection 2(c) and the manner in which it must be provided. Machine Translated by Google o 4. The report is publicly announced in one or more daily, news or free local papers. If, pursuant to an order in council pursuant to Article 8.40, information must also be provided otherwise, rules may be laid down in the order regarding the public notification thereof. Administrative authorities may be designated by order in council to which a copy of the notification or the information provided otherwise must be sent. Article 8.41a o 1. If activities in respect of which a notification must be made pursuant to the provisions of Article 8.41 can also be regarded as activities that belong to a category for which an environmental permit has been issued pursuant to Article 2.1 or 2.2(1) of the General Provisions for Environmental Law Act is required, if the notification has not yet been made or if the information to be provided with the notification is not complete, a notification of those activities in accordance with the provisions pursuant to Article 8.41 will be made at the same time as the application for an environmental permit is submitted. o 2. If the provisions of the first paragraph are not complied with, the competent authority decides not to process the application, provided the applicant has had the opportunity to report or provide the missing information within the period set by that administrative authority. o 3. A decision not to process the application is up to the applicant published after the term set pursuant to the second paragraph has expired unused or within that term the information referred to in the second paragraph has not been provided or has not been provided in full. o 4. In cases as referred to in the first paragraph, the notification is made to the administrative authority to which the application for an environmental permit is submitted. o 5. If the administrative body to which the notification has been made does not administrative authority to which the notification must be addressed pursuant to the provisions of Article 8.41, second paragraph, under a, the first-mentioned administrative authority shall immediately forward the information provided with that notification to the administrative authority referred to in that part, with simultaneous notification thereof to the sender. . Article 8.42 o 1. By or pursuant to an order in council as referred to in Article 8.40, the obligation may be imposed with regard to subjects indicated therein to comply with regulations necessary for the protection of the environment, set by an administrative body designated by that order. o 2. Article 8.40, second and third paragraph, apply mutatis mutandis. o 3. The administrative authority referred to in subsection 1 may impose regulations that deviate from the rules laid down by or pursuant to the order referred to in that subsection, if this has been determined by or pursuant to that order. Under or pursuant to the order, it may be determined to what extent the regulations may deviate and it may be determined that derogations may only be made in the categories of cases indicated therein. Machine Translated by Google o 4. The administrative authority may supplement, amend or withdraw the regulations if necessary to protect the environment. o 5. Categories of cases are indicated by or pursuant to the measure, in which the decision by which the provision is made is announced by notification in one or more daily, news or free local papers. o 6. Regulations as referred to in the first paragraph that relate to activities that are directly related to activities for which an application for an environmental permit has been submitted or which are permitted under an environmental permit, are coordinated with the relevant application for an environmental permit or the relevant environmental permit. o 7. Articles 3.8 and 3.9, first and second paragraph, of the General Provisions for Environmental Law Act apply mutatis mutandis to the preparation of a decision on the application for regulations, unless Section 3.4 of the General Administrative Law Act applies to it. is. Article 8.42a The competent authority may attach conditions to an environmental permit for an establishment that deviate from the rules laid down by or pursuant to an order in council as referred to in Article 8.40, if this is determined by or pursuant to that order. Under or pursuant to the order, it may be determined to what extent the regulations may deviate and it may be determined that derogations may only be made in the categories of cases indicated therein. Article 8.42b o 1. It may be determined by or pursuant to an order in council as referred to in Article 8.40 with regard to subjects indicated therein that rules laid down by provincial or municipal bye- law regarding those subjects may deviate from the rules laid down by or pursuant to the order, to what extent derogations may be made and it may be determined that derogations may only be made in the categories of cases indicated therein. o 2. On establishing provincial or municipal rules as referred to in the first paragraph, Article 8.40, second and third paragraph, shall apply mutatis mutandis. Article 8.43 o 1. Establishments in which waste materials originating from others are deposited, charge an amount when receiving waste, which in any case takes into account: ÿ a. with the costs of establishing, maintaining and operating the establishment, b . with the costs of the provisions that ensure that the establishment, after it has been taken out of use, does not cause any adverse effects on the environment, including the costs of the levy due pursuant to Article 15.44, paragraph 1, and ÿ c. with the costs of financial security in categories of cases for which the provision of financial security is prescribed pursuant to Article 4.1 of the General Provisions Environmental Law Act. o 2. Our Minister may lay down further rules with regard to the first paragraph. Machine Translated by Google Article 8.44 [Repealed as of 01-01-2008] Article 8.45 [Repealed on 01-10-2010] Article 8.46 [Voided due to renumbering.] Section 8.2 Article 8.47 o 1. In this paragraph and the provisions based on it, the following definitions apply: ÿ a. landfill: an establishment where waste materials are dumped, or the part of an establishment where waste materials are dumped, if the establishment does not only dispose of waste materials, with the exception of waste facilities; b . closed landfill: landfill in respect of which the in the third the statement referred to in paragraph has been issued; ÿ c. industrial landfill: landfill where only waste materials originating from within the establishment to which the landfill belongs are dumped. o 2. A landfill site also includes a closed landfill site. The landfill site also includes the part of the landfill where the dumping of waste has ended. o 3. The competent authority declares a landfill site closed if: ÿ a. the dumping of waste has ended, b . insofar as a provision to that effect for the establishment applies, a top seal is fitted, and ÿ c. a final inspection has been carried out by the competent authority, which shows that all requirements associated with the environmental permit for the establishment have been met and that no other measures under the Soil Protection Act should be taken by the person operating the landfill, in the event of contamination or degradation of the soil beneath the landfill. Article 8.47a The competent authority shall inform Our Minister as soon as possible of a statement as referred to in Section 8.47, subsection 3. Article 8.48 o 1. This paragraph applies to landfills for which a environmental permit is required where waste materials are dumped on or after 1 September 1996, and a. subject to an order in council as referred to in Article 8.45, or ÿ b . only dredged material is dumped. o 2. This paragraph, with the exception of the first paragraph of this article, is of corresponding application to waste facilities. Machine Translated by Google o 3. The second paragraph does not apply to categories of temporary waste facilities designated by order in council. Article 8.49 o 1. With regard to a closed landfill site, such measures are taken to ensure that the landfill site does not cause any adverse effects on the environment, or, insofar as this cannot reasonably be required, the greatest possible protection is offered against those adverse effects. o 2. The measures referred to in the first paragraph shall in any case include: calculated: ÿ a. measures for the preservation and maintenance, as well as the repair, improvement or replacement of facilities for the protection of the soil; b . regularly inspecting facilities to protect the bottom, and ÿ c. regularly examining the soil under the landfill. o 3. The party operating a landfill shall draw up an aftercare plan for the implementation of the measures referred to in the first and second paragraph. The aftercare plan requires the approval of the competent authority. The competent authority will make a decision on this within thirteen weeks of the submission of the aftercare plan. If the competent authority has not made a decision within the prescribed period, consent is given by operation of law. The competent authority will immediately announce the consent by operation of law after the decision period has expired. o 4. The competent authority can order the person who operates a landfill to adjust the aftercare plan to which it has agreed, in view of developments in the field of technical possibilities for protecting the environment and developments with regard to the quality of the environment , or in connection with a change in the landfill site since the date of approval of the aftercare plan. o 5. Further rules may be laid down by order in council with regard to the measures referred to in the first and second paragraph, as well as with regard to the aftercare plan referred to in the third paragraph. Article 8.50 o 1. The competent authority is charged with the measures referred to in Article 8.49. o 2. The competent authority may entrust the execution of the activities related to the measures referred to in Article 8.49 to a legal person or body designated by it for that purpose. o 3. Notwithstanding the first paragraph, care is taken to carry out the activities related to the measures referred to in Article 8.49 with regard to: ÿ a. closed landfills where dredged material has been deposited and which are driven or co-driven by Our Minister of Transport, Public Works and Water Management, with that Minister; b . closed waste facilities in which a mining work such as referred to in Article 1, under n, of the Mining Act, with the person who last operated the waste facility. Machine Translated by Google o 4. At the request of the person who last operated a company-related landfill, the possibility of entrusting that care to that person will be taken into account when applying or not applying the second paragraph. Article 8.51 The person entitled to the place where the care referred to in Article 8.49 is performed with regard to a closed landfill is obliged to tolerate that work is performed for that care, without prejudice to his right to compensation. Title 8.4. Landfill Listing Rules Article 8.52 Following the inventory carried out by the province of places where waste has been dumped and where that dumping was ended before 1 September 1996, the Provincial Executive of the province where the relevant dumps are located will inform Our Minister as soon as possible which dumps this concerns. Article 8.53 o 1. Our Minister shall keep a list of closed landfills as referred to in Article 8.47 and of the landfills referred to in Article 8.52. o 2. He ensures that this list is published and sends a copy of the list as well as the additions to it to the inspector of the Tax Authorities who is responsible for waste tax. • Chapter 9. Substances and products Title 9.1. General Article 9.1.1 This chapter and the provisions based on it also apply to acts performed within the exclusive economic zone, insofar as this has been determined by Order in Council. Title 9.2. Substances, preparations and genetically modified organisms § 9.2.1. General Article 9.2.1.1 This title and the provisions based on it, with the exception of the rules that exclusively serve to implement a treaty binding on the Netherlands or a decree of an international organization binding on the Netherlands, do not apply to foodstuffs, stimulants and animal feeds. Article 9.2.1.2 Machine Translated by Google Anyone who professionally manufactures, imports, uses, processes, processes or makes available to another a substance, preparation or genetically modified organism in the Netherlands, and who knows or could reasonably have suspected that his actions with that substance or preparation or organism, dangers may arise for human health or the environment, is obliged to take all measures that can reasonably be expected of him, in order to prevent or limit those dangers as much as possible. Article 9.2.1.3 o 1. Anyone who professionally uses a substance, preparation or genetically modified manufactures, imports, uses, treats, processes or makes available to another person in the Netherlands, shall upon request provide Our Minister with information about that substance or that preparation or organism that he has or can reasonably dispose of. o 2. Further rules may be laid down by order in council with regard to the information referred to in the first paragraph. Article 9.2.1.4 o 1. It may be determined by Order in Council that a person who professionally manufactures, imports, applies, processes or processes substances, preparations or genetically modified organisms into the Netherlands, keeps records of the quantities he has of these in the categories indicated therein. manufactured, imported, applied, processed or processed or made available to another person in the Netherlands. o 2. By or pursuant to the order, rules are laid down with regard to the way in which the records are kept and other data can be designated that must be included in the records. Article 9.2.1.5 o 1. By order in council, in the interest of the national defense are exempted from the obligations set out in Articles 9.2.3.1, ,9.2.3.3 9.3.3 or 9.3a.3. o 2. In the interest of national defence, exemption may be granted by Royal Decree from the provisions laid down by or pursuant to Articles 9.2.1.4, 9.2.2.1, 9.2.2.2, 9.2.2.6, 9.2.3.1, 9.2.3.2, 9.2.3.3, 9.2.3.5, second paragraph, 9.3.3 or 9.3a.3 prohibitions and obligations. o 3. An exemption or dispensation is subject to the regulations that are necessary in the interest of protecting human health and the environment. o 4. The nomination for a decision pursuant to the first or second paragraph will be Our not done than at the request of Our Minister of Defence. § 9.2.2. Measures Article 9.2.2.1 o 1. By order in council, if a reasonable suspicion has arisen that actions with substances, preparations or genetically Machine Translated by Google modified organisms will have undesirable effects on human health or the environment, rules are laid down with regard to manufacturing, importing, applying, processing, processing, having available, making available to another person, transporting, exporting and dispose of these substances, preparations or organisms. o 2. This may include rules, including: ÿ a prohibition to perform one or more of the acts referred to in the first paragraph with regard to substances, preparations or genetically modified organisms designated by the order; b . a prohibition to perform such an act in a measure specified in the manner, for the purposes specified therein, in the specified places or under specified circumstances; ÿ c. a prohibition to perform an act as referred to under a or b without a permit granted for that purpose; d . a prohibition to perform such an act if with with regard to the substances, preparations or genetically modified organisms, the requirements set by the measure are not met; ÿ e. a prohibition to perform such an act if the person who performs that act does not possess the expertise specified in the measure; ÿ f. a prohibition to perform such an act with regard to products if they contain designated substances, preparations or genetically modified organisms, or if they contain such substances, preparations or genetically modified organisms in quantities greater than those specified therein; ÿ g. a prohibition on using substances or preparations designated by the order in products that do not belong to a type that has been approved during an inspection carried out on the basis of the rules laid down in the order; h . a prohibition on substances, preparations or to make genetically modified organisms available to a designated category of persons; ÿ i. an obligation to perform one or more of the acts referred to in the first paragraph with regard to substances, preparations or genetically modified organisms designated by the order or categories of products designated therein in which those substances, preparations or organisms occur, or an intention to perform those actions, to be reported in a manner indicated therein to a designated administrative body, while submitting the information indicated therein; ÿ j. an obligation with regard to such acts to carry out inspections in accordance with the rules laid down in the order and to submit the results of those inspections to Our Minister in the manner indicated in the order; k . an obligation to return substances, preparations or categories of products designated by the order containing those substances or preparations to the person who made the substances, preparations or products available; Machine Translated by Google ÿ l. an obligation to hand over substances, preparations or genetically modified organisms or categories of products designated by the order containing those substances, preparations or organisms to persons or institutions designated therein; ÿ m. an obligation for those designated by the measure substances, preparations or genetically modified organisms or designated categories of products in which those substances, preparations or organisms occur, manufacture, import into the Netherlands or make available to another party, for designated persons or institutions who are authorized or licensed under Chapter 10 for the recovery or disposal of hazardous waste, or for administrative bodies designated by the order, to collect those substances, preparations, organisms or products. o 3. Our Minister may lay down further rules regarding subjects regulated in a measure pursuant to paragraph 1. Article 9.2.2.2 An order in council applying Article 9.2.2.1, second paragraph, under b, d, g, i, j, k, l or m, may also include the obligation to comply with administrative designated further requirements with regard to subjects regulated in the measure. When setting such a requirement, the time at which the obligation commences in respect of that requirement is also determined. Article 9.2.2.3 o 1. If Article 9.2.2.1, second paragraph, under c, is applied, Rules will also be laid down by Order in Council regarding the manner in which the application for a license is made and the information that may be required of the applicant. o 2. The permit can only be refused in the interest of protecting human health and the environment. o 3. Section 3.4 of the General Administrative Law Act and Section 13.2 apply to the preparation of the decision on the application for a permit. Categories of cases may be designated by order in council as referred to in subsection 1, in which Section 3.4 of the General Administrative Law Act and Section 13.2 do not apply in whole or in part. o 4. A license may be granted subject to restrictions in the interest of protecting human health and the environment. Conditions may be attached to a permit in the interest of protecting human health and the environment. Unless otherwise specified in the order, these may include the obligation to comply with further requirements set by administrative authorities designated by the regulation in the interest of protecting human health and the environment. When setting such a requirement, the time at which the obligation commences in respect of that requirement is also determined. Machine Translated by Google o 5. Without prejudice to Article 5.19, first paragraph, of the General Provisions Act environmental law, a permit may be revoked if the act poses a significant risk to human health or the environment and amendment or supplementation of the conditions attached to the permit cannot reasonably provide a solution. o 6. Insofar as determined by Order in Council, the permit may be amended. o 7. On the preparation of a withdrawal or amendment as referred to in the fifth paragraph and sixth paragraph respectively, Section 3.4 of the General Administrative Law Act and Section 13.2 do not apply. Article 9.2.2.4 If Article 9.2.2.1, second paragraph, under g, is applied, Our Minister will designate the body that will perform the inspection referred to in that provision. The measure lays down rules with regard to the manner in which such an inspection takes place. Article 9.2.2.5 If Article 9.2.2.1, second paragraph, under k, l or m is applied, it may also be determined that the damage suffered by the person who must return or hand over the substances, preparations, genetically modified organisms or products, or that the costs , made by the person designated to collect those substances, preparations, organisms or products, can be charged to those who manufactured or imported these substances, preparations, organisms or products into the Netherlands. Rules may also be laid down with regard to the calculation of that damage or costs and the determination of those at whose expense those damage or costs are charged. Article 9.2.2.6 o 1. If the expected or proven effects of substances, preparations or genetically modified organisms to human health or the environment make it urgently necessary to lay down rules as referred to in Article 9.2.2.1, first paragraph, in the opinion of Our Minister and in his opinion the conclusion of an order in council pursuant to that article cannot be awaited, he may take a decision to the effect referred to in that paragraph. Our Minister shall take such a decision in agreement with Our Ministers concerned, unless in his opinion the required urgency dictates otherwise. Articles 9.2.2.2 up to and including 9.2.2.5 apply mutatis mutandis. o 2. A ministerial regulation as referred to in the first paragraph lapses one year after it has come into effect or if an order in council to replace that regulation has come into effect within that period, at the time when that order comes into effect. . The term can be extended once by ministerial regulation by a maximum of one year. Article 9.2.2.6a o 1. It may be determined by order in council that when fuels for the purpose of transport are placed on the market in the order Machine Translated by Google In designated cases, the sustainability requirements laid down by or pursuant to the measure are met, including the emission of greenhouse gases. o 2. The requirements referred to in the first paragraph may in any case relate to the raw materials used for fuels and the conditions under which those raw materials are produced, converted and, whether or not converted, are transferred for end use in the Netherlands. o 3. Rules may also be laid down by or pursuant to the order regarding the submission of data showing that the fuels meet the requirements of sustainability set pursuant to the first paragraph, as well as data showing the extent to which the fuels are subject to other regulations or pursuant to meet the sustainability criteria to be designated by order in council. o 4. Article 9.2.2.6 applies mutatis mutandis. Article 9.2.2.7 o 1. In special cases, Our Minister may grant an exemption from the provisions pursuant to Article 9.2.1.4, 9.2.2.1, 9.2.2.6 or 9.2.2.6a on an application to that effect, if the interests of the protection of human health and the environment does not oppose it. o 2. An exemption may be granted subject to restrictions. The provisions may be attached to an exemption which, in the opinion of Our Minister, are necessary in the interest of protecting human health and the environment. o 3. On the preparation of a decision on an application for a exemption as referred to in the first paragraph, Section 3.4 of the General Administrative Law Act and Section 13.2 apply. o 4. An exemption may be amended or withdrawn by Our Minister if this is necessary in the interests of protecting human health and the environment. § 9.2.3. Packaging, designation and recommendation Article 9.2.3.1 o 1. The person who makes a preparation available to another party or who imports it into the Netherlands that belongs to one or more of the categories designated in the second paragraph shall ensure that that preparation is available upon delivery and when it is available for delivery. packaged and indicated on the packaging in accordance with the provisions of or pursuant to the articles of this paragraph. o 2. The categories referred to in the first paragraph are: a. the explosive category; ÿ b . the oxidizing category; c. the very flammable category; ÿ d . the highly flammable category; e. the flammable category; ÿ f. the highly toxic category; ÿ g. the toxic category; ÿ h . the category harmful; i. the corrosive category; ÿ j. the category of irritant; ÿ Machine Translated by Google k . the category sensitizing; ÿ l. the carcinogenic category; ÿ m. the mutagen category; ÿ n. the category for reproduction poisoned; ÿ o. the environmentally hazardous category. o 3. By or pursuant to an order in council, the criteria and designated methods according to which it is determined whether a substance or preparation belongs to a category as referred to in the second paragraph. o 4. Rules may be laid down by or pursuant to an order in council with regard to the designation of preparations for which it has not yet been determined to what extent they belong to one or more of the categories referred to in the second paragraph. Article 9.2.3.2 Rules may be laid down by or pursuant to Order in Council with regard to the designation of preparations containing designated substances, as well as with regard to the designation of products containing designated substances or preparations. It may be stipulated that those rules only apply in cases designated therein. Article 9.2.3.3 o 1. The packaging and closure directly enclosing a preparation as referred to in Article 9.2.3.1, paragraph 1, or a genetically modified organism, are: ÿ a. in such a way that accidental loss of the content cannot take place, b . made of material which cannot be used by the preparation or organism cannot be affected, nor can it enter into a dangerous reaction or form a dangerous compound, and ÿ c. in such a way that they cannot come loose and withstand normal handling. o 2. If the packaging is fitted with a closure that can be used several times, are used, the packaging and closure are such that the packaging can be resealed several times without accidental loss of the contents. o 3. Notwithstanding the first paragraph, under a, the packaging, if necessary, one or more vent valves or other safety devices are fitted. o 4. Rules may be laid down by or pursuant to an order in council with regard to packaging and closure. It may be stipulated that those rules only apply to preparations or genetically modified organisms or categories thereof or in cases designated therein. Article 9.2.3.4 o 1. Recommending or recommending a substance or preparation belonging to one or more of the categories referred to in Article 9.2.3.1, second paragraph, without stating the category or categories to which that substance or preparation belongs, is prohibited. Machine Translated by Google o 2. The designation of a substance, preparation or genetically modified organism in a manner that is misleading as to its effects on human health or the environment or as regards the use pursuant to Article 9.2.2.1 or 9.2.2.6 certain is prohibited. o 3. Recommending or promoting a substance, preparation or product in a manner that is misleading with regard to its sustainability aspects or with regard to other provisions pursuant to Article 9.2.2.6a is prohibited. Article 9.2.3.5 o 1. It may be determined by or pursuant to Order in Council that in cases designated therein, Articles 9.2.3.1, 9.2.3.3 and 9.2.3.4 shall not apply in full or for a part to be determined therein: ÿ a. for the implementation of a binding arrangement established under the Treaty establishing the European Union or b . if the interests of protecting human health and the environment do not preclude this. o 2. By or pursuant to a measure as referred to in the first paragraph, rules with regard to the subjects regulated in Articles 9.2.3.1, 9.2.3.3 and 9.2.3.4. Title 9.3. The EC Regulation Registration, Evaluation and Authorization of Chemicals Article 9.3.1 Rules may be laid down by or pursuant to an order in council for the implementation of the EC Regulation on the Registration, Evaluation and Authorization of Chemicals. Article 9.3.2 o 1. Our Minister is the competent authority referred to in the EC Regulation on the Registration, Evaluation and Authorization of Chemical Substances. o 2. For parts of the regulation that relate to policy that is the responsibility of one of Our other Ministers, that minister is designated as the competent authority for those parts. The designation is made by regulation of Our Minister in agreement with that minister. Article 9.3.3 o 1. It is prohibited to act contrary to the following provisions of the EC Regulation on the Registration, Evaluation and Authorization of Chemicals: Articles 5, 7, third paragraph, 8, second paragraph, 9, fourth and sixth paragraph, 14, first, sixth and seventh paragraph, 31, first, second, third, seventh and ninth paragraphs, 32, first and third paragraphs, 33, 34, 35, 37, fourth to seventh paragraphs, 38, first, third and fourth paragraphs, 39, first and second paragraphs, 40, third and fourth paragraphs, 50, fourth paragraph, 55, 56, first and second paragraph, 60, tenth paragraph, 65 and 67, first paragraph. Machine Translated by Google o 2. It is also prohibited to act in violation of the following provisions of the EC Regulation on the registration, evaluation and authorization of chemical substances: Articles 6, first and third paragraph, 7, first, second and fifth paragraph, 9, second paragraph 11, first paragraph, 13, first, third and fourth paragraph, 17, first paragraph, 18, first paragraph, 19, first paragraph, 22, first, second and fourth paragraph, 24, second paragraph, 25, first and second paragraph, 26, first and third paragraph, 30, first, second, third and fourth paragraph, 31, fifth and eighth paragraph, 32, second paragraph, 36, 37, second and third paragraph, 41, fourth paragraph, 46, second paragraph , 49, 50, second and third paragraph, 61, first and third paragraph, 63, third paragraph, 66, first paragraph and 105. o 3. It is prohibited to perform or omit acts in violation of other provisions of the EC Regulation on the registration, evaluation and authorization of chemical substances than those referred to in the first or second paragraph, insofar as those provisions implement Article 126 of those Regulations have been designated by order in council. o 4. An order in council as referred to in subsection 3 will lapse one year after it has come into force, or if a bill to amend subsection 1 or 2 has been submitted to Parliament within that period, at the time that proposal has been rejected or, after being enacted into law, has entered into force. o 5. The first to fourth paragraphs do not apply to conduct, insofar as rules have been laid down in this regard by or pursuant to the Commodities Act. Title 9.3a. The EC Regulation on classification, labeling and packaging of substances and mixtures Artikel 9.3a.1 The Minister of Health, Welfare and Sport designates by ministerial regulation the body charged with the performance of the task referred to in Article 45, first paragraph, of the EC Regulation on the classification, labeling and packaging of substances and mixtures. Rules can be laid down in the ministerial regulation with regard to the manner in which that task is performed. Artikel 9.3a.2 Our Minister of Health, Welfare and Sport is the competent authority referred to in Article 43 of the EC Regulation on classification, labeling and packaging of substances and mixtures, insofar as it concerns making proposals for a harmonized classification and labeling of substances and mixtures. . Artikel 9.3a.3 o 1. It is prohibited to act contrary to the following provisions of the EC Regulation on classification, labeling and packaging of substances and mixtures: Articles 4, first to fourth paragraph, seventh paragraph, eighth paragraph and tenth paragraph, 7, first to third paragraph, 13, 15, fourth paragraph, 17 , first and second paragraph, 18, first to third paragraph, 19, first and second paragraph, 20, first and third paragraph, 21, first and third paragraph, 22, first and fourth paragraph, 23, 25, first, second and paragraphs 4 to 6, 28, paragraphs 2 and 3, 29, paragraphs 1 and 3, 30, paragraph 1, 31, paragraphs 1 to 5, 32, paragraphs 1 to 4 and 6, 33, first up to and including third paragraph, 35, first and second paragraph, and 48, first and second paragraph. Machine Translated by Google o 2. It is also prohibited to act in violation of the following provisions of the EC Regulation on classification, labeling and packaging of substances and mixtures: Articles 16, first paragraph, 26, first and second paragraph, 27, 28, first paragraph , 30, paragraphs 2 and 3, 40, paragraphs 1 to 3, and 49, paragraphs 1 and 2. o 3. It is prohibited to perform or omit acts in violation of other provisions of the EC Regulation on classification, labeling and packaging of substances and mixtures than those referred to in the first or second paragraph, insofar as those provisions implement Article 47 of that regulation have been designated by order in council. o 4. An order in council as referred to in subsection 3 will lapse one year after it has come into force, or if a bill to amend subsection 1 or 2 has been submitted to Parliament within that period, at the time that proposal has been rejected or, after being enacted into law, has entered into force. Artikel 9.3a.4 If a substance or a mixture is classified, labeled and packaged in accordance with Titles II, III and IV of the EC Regulation on classification, labeling and packaging of substances and mixtures, it is subject to or pursuant to Articles 9.2.3.1, first and fourth paragraph, 9.2.3.3 and 9.2.3.5 for that substance or mixture do not apply. Title 9.4. The EC Ecodesign Directive on energy-related products Article 9.4.1 o 1. In this title and the provisions based on it, the following definitions apply: CE marking: marking as referred to in Decision No 93/465/EEC of the Council of the European Union of 22 July 1993 on the modules for the different stages of the conformity assessment procedures and the requirements for the application and use of the CE marking marking of conformity (PbEG L 220) and consisting of the inscription «CE» as shown in Annex III to the EC Ecodesign Directive for energy-related products; components and sub-units: components intended to be incorporated into an energy-related product designated pursuant to an order in council or an implementing measure as referred to in Article 9.4.4, second paragraph, and which are not sold as separate components for the benefit of users on the market. are introduced or put into use, or whose environmental performance cannot be assessed independently of the aforementioned product; declaration of conformity: document whereby the manufacturer declares, in accordance with Annex VI to the EC Ecodesign Directive for energy-related products, that all the provisions of the applicable implementing measure relevant to that product are complied with, with reference to that implementing measure; Machine Translated by Google EC Ecodesign Directive for energy-related products: Directive No. 2009/125/EC of the European Parliament and of the Council of the European Union of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast ) (PbEU L 285); energy-related product: product which, when introduced or put into service on the market, has an effect on energy consumption, including components intended to be incorporated into that product and introduced to the market for the benefit of users or put into service as individual parts whose environmental performance can be independently assessed; manufacturer: the person who manufactures an energy-related product with a view to introducing it on the market under his own name or trademark or for his own use; importer: a person established in the European Community who, in the course of his commercial activities, imports a product from a country outside the European Union Union on the market; to introduce on the market: to make available on the market, for consideration or free of charge, with a view to its distribution or use, by whatever means; implementing measure: measure adopted under the EC Ecodesign Directive for energy-related products laying down ecodesign requirements for energy-related products specified therein. o 2. For the purposes of this title and the provisions based on it, ecodesign, ecological profile, harmonized standard, materials, environmental performance, product design or improvement of environmental performance, respectively, is understood to mean what is meant by this in Article 2 of the EC Ecodesign Directive for energy-related products. to hear. o 3. In the absence of a manufacturer or importer of an energy-related product, the person who introduces or takes into use that energy-related product on the market is regarded as a manufacturer for the purposes of this title and the provisions based on it. o 4. An amendment of the terms referred to in the second paragraph in the EC Ecodesign Directive on energy-related products or of an annex to that Directive to which reference is made in or pursuant to this title, for the purposes of the application of the provisions laid down by or pursuant to this title, shall apply from the day on which the amendment concerned must have been implemented, unless a different time is determined by a decision of Our Minister, which is published in the Government Gazette. Article 9.4.2 Machine Translated by Google A manufacturer may authorize a person in writing to perform obligations under or pursuant to this title on his behalf, provided that this authorized representative is established within the European Community. Article 9.4.3 This title does not apply to means for the carriage of persons or goods. Article 9.4.4 o 1. Rules may be laid down by or pursuant to an order in council in the interests of energy efficiency and environmental protection with regard to the ecodesign of a category of energy-related products and the provision of related information about those products to users. be made. o 2. The manufacturer or importer of an energy-related product that belongs to a category designated by order in council or to a category designated in an implementing measure in the form of a regulation is prohibited from placing that product on the market. introduce or put into use if the requirements laid down by or pursuant to this title and in the implementing measure are not met with regard to that product. Article 9.4.5 o 1. The manufacturer or importer shall ensure that an energy-related product that belongs to a category designated pursuant to an order in council as referred to in Article 9.4.4, second paragraph, or to a category designated in an implementing measure specified in the In the form of a regulation, before that product is introduced on the market or put into use, it is subjected to a conformity assessment, in which it is checked whether it complies with the requirements laid down by or pursuant to this title and in the implementing measure. Rules may be laid down by order in council with regard to the way in which the assessment of that product takes place. o 2. With regard to an energy-related product that belongs to a designated category pursuant to an order in council as referred to in Article 9.4.4, second paragraph, or to a category designated in an implementing measure in the form of a Regulation has been issued, a declaration of conformity and affix a CE marking to the product. The importer ensures that he has the declaration of conformity for such a product and that a CE marking has been affixed to the product. Article 9.4.6 o 1. The manufacturer or importer of an energy-related product that belongs to a category or to a category designated pursuant to an order in council as referred to in Article 9.4.4, second paragraph, Machine Translated by Google designated in an implementing measure in the form of a regulation, keeps the relevant documents regarding the conformity assessment, as referred to in Article 9.4.5, first paragraph, and the declarations of conformity issued in this regard for a period of ten years after the end of the manufacture of that product. o 2. The manufacturer or importer shall make the documents referred to in the first paragraph available to that competent authority within ten days of receipt of a request from the competent authority charged with supervising compliance with the law. o 3. Manufacturers of components and sub-units may by or pursuant to an order in council with regard to an energy-related product that belongs to a category or to a category designated pursuant to an order in council as referred to in article 9.4.4, second paragraph, designated in an implementing measure in the form of a regulation, are obliged to provide the manufacturer or importer of that product with relevant information about the material composition and the energy, material or resource consumption of the components or subunits produced by them. Article 9.4.7 o 1. It is prohibited to affix a marking to an energy-related product which may mislead users of that product as to the meaning or form of the CE marking. o 2. It is prohibited to use an energy-related product that belongs to a pursuant to an order in council as referred to in Article 9.4.4, second paragraph, designated category or to a category designated in an implementing measure drawn up in the form of a regulation that has not yet been introduced on the market and not in accordance with is, subject to the provisions of or pursuant to this title and subject to the applicable implementing measure, to be displayed or demonstrated at trade fairs, exhibitions or similar events. The prohibition does not apply if it is clearly indicated that the product does not yet comply with that implementing measure and will not be introduced on the market, as long as the product does not yet comply with the provisions laid down by or pursuant to this title and with the applicable implementing measure. . Article 9.4.8 o 1. An energy-related product belonging to a category designated pursuant to an order in council as referred to in Article 9.4.4, second paragraph, or to a category designated in an implementing measure drawn up in the form of a regulation, that of is provided with a CE marking, it is presumed to comply with the requirements laid down for that product by or pursuant to this title and in the implementing measure. o 2. An energy-related product belonging to a category designated pursuant to an order in council as referred to in Article 9.4.4, second paragraph, or to a category designated in an implementing measure in the form of a regulation, for which an harmonized standard has been applied whose reference number is published in the Official Journal of the Machine Translated by Google European Union is presumed to comply with the requirements of the applicable implementing measure to which that standard refers. o 3. An energy-related product belonging to a category designated pursuant to an order in council as referred to in Article 9.4.4, second paragraph, or to a category designated in an implementing measure drawn up in the form of a regulation, for which in accordance with Regulation (EC) No 66/2010 of the European Parliament and of the Council of the European Union of 25 November 2009 on the EU Ecolabel (OJEU L 27) the Community Ecolabel has been awarded, it is presumed to comply with ecodesign regulations of the applicable implementing measure to the extent that the eco-label complies with those requirements. Title 9.5. Other provisions relating to substances, preparations and products Article 9.5.1 o 1. By order in council, in the interest of the to prevent or limit air pollution or noise nuisance, rules are laid down with regard to the manufacture, importation into the Netherlands, having available, making available to another party, transporting and using products designated by the measure. o 2. Notwithstanding the first paragraph, in the interest of preventing or limiting noise nuisance, no rules are laid down with regard to aircraft in a measure as referred to in the first paragraph. o 3. The rules referred to in the first paragraph may include rules containing a prohibition with regard to such products one or more of the acts referred to in the first paragraph: ÿ a. to perform; b . to be performed other than with due observance of the rules laid down in the order with regard to those acts or those products; ÿ c. to be performed with products belonging to a category designated by the measure, in the places indicated in the measure, in the manner indicated in the measure or under the circumstances indicated in the measure; d . to be carried out if the products do not meet the requirements laid down in the measure; ÿ e. to be carried out if the products do not belong to a type that has been approved during an inspection carried out in accordance with the rules laid down in the measure; ÿ f. to be carried out if the products have not been approved in accordance with the rules laid down in the measure. o 4. In a measure as referred to in the first paragraph, it may be determined that the rules laid down therein only apply in categories of cases indicated in the order or in the areas designated in the order. o 5. In the case of a measure as referred to in the first paragraph, in the interest of the defense of the country may be exempted from the prohibitions and obligations laid down pursuant to the first paragraph. Regulations may apply to an exemption Machine Translated by Google which are necessary in the interest of preventing or limiting air pollution or noise nuisance. o 6. Insofar as a measure as referred to in the first paragraph serves to fulfill obligations on the basis of a treaty binding on the Netherlands or a decision of an organization under international law that is binding on the Netherlands, the rules referred to in the first paragraph may also include rules that provide for: ÿ a prohibition on carrying out activities without a permit, granted by an administrative authority designated by that order, with regard to the products or categories thereof designated by that order; b . an obligation with regard to those products or categories thereof, in cases indicated in the order, to declare their use to an administrative body designated by that order, or to comply with measurement requirements in a manner to be determined in the order; ÿ c. an obligation to comply with further requirements set by an administrative authority designated by the order regarding the subjects regulated in that order, at a time to be determined by the administrative authority. o 7. If the third paragraph, under e or f, is applied, Our Minister shall designate the bodies that carry out the inspections referred to in those parts on the basis of the requirements to be set by or pursuant to a measure as referred to in the first paragraph. In that case, it will also be determined by or pursuant to that order on the basis of which Our Minister may suspend the designation or and rules are laid down about the way in which the inspections take place. o 8. Our Minister may lay down further rules regarding subjects regulated in a measure pursuant to subsection 1. Article 9.5.2 o 1. Rules may be laid down by order in council to encourage reuse, prevention, recycling and other recovery, efficient management of waste materials or otherwise in the interest of environmental protection with regard to manufacturing in the Netherlands importing, applying, having available, making available to another person, receiving, receiving, useful application and disposal of substances, preparations or products or waste materials designated by the measure. With regard to products, such rules are not laid down in the interest that Article 9.5.1 aims to protect. o 2. The rules referred to in the first paragraph may include rules containing a prohibition with regard to such substances, preparations or products or waste materials as one or more of the acts referred to in the first paragraph: a. to perform; ÿ b . to be performed other than with due observance of the relevant acts or those substances, preparations or products or wastes laid down by the order; Machine Translated by Google ÿ c. to be performed in a manner designated by the order, under circumstances specified therein, or for purposes designated therein; d . to be carried out if the substances, preparations or products or waste does not meet the requirements of the measure. o 3. The rules referred to in the first paragraph may also include rules containing the obligation for the person who places on the market substances, preparations or products designated by the order: ÿ a. to provide those substances, preparations or products or their packaging with a designation indicated by Our Minister; b . to take in and manage those substances, preparations or products and the waste materials left over from them after use, as well as to bear the financial responsibility therefor or the responsibility for arranging waste management in whole or in part; ÿ c. to ensure that measures are taken that are aimed at usefully applying or removing those substances, preparations or products after ingestion in a manner indicated in the measure; d . to ensure that these substances are released after ingestion, preparations or products to a person belonging to a category designated by the measure; ÿ e. provide publicly available information on the reusability and recyclability of those substances, preparations or products. o 4. The rules referred to in the first paragraph may also include rules, containing the obligation: ÿ a. to receive waste or other substances, preparations or products designated by the order for persons designated by the order and then to use them in a manner specified in the order; b . to ensure for the mayor and aldermen that there is sufficient opportunity to leave behind substances, preparations or products designated by the measure at at least one place made available for that purpose within the municipality or within the municipalities with which it collaborates that have been taken pursuant to subsection 3, under b, in a manner specified in the order. o 5. In a measure as referred to in the first paragraph, it may be determined that the rules laid down therein only apply in categories of cases indicated in the order or in the areas designated in the order. o 6. Article 9.5.1, sixth paragraph, applies mutatis mutandis, provided that: on the understanding that the rules referred to in that paragraph may also be laid down with regard to substances designated by the measure referred to in the first paragraph, and preparations or categories thereof. o 7. Our Minister may lay down further rules regarding subjects regulated in a measure pursuant to paragraph 1. Article 9.5.3 It may be determined by an order in council, adopted pursuant to Article 9.5.1, that the authority that is authorized to issue a license pursuant to Article 8.1 Machine Translated by Google for an establishment, when granting or amending the license with regard to subjects specified in the order in the restrictions under which the license is granted, or in the associated regulations of the order or the regulations pursuant to Article 9.5.1, sixth paragraph, rules with regard to products may deviate. In that case, the measure will indicate to what extent the competent authority can deviate from the rules. The measure may also provide that the power to deviate only applies in the categories of cases indicated therein. Article 9.5.4 Our Minister may, if in his opinion in the interest of preventing or limiting air pollution or noise nuisance, or in the interest of encouraging reuse, prevention, recycling or other useful application, of efficient management of waste materials or otherwise in the In the interests of environmental protection, an immediate provision is necessary, adopt a regulation of the scope referred to in Articles 9.5.1 or 9.5.2 for a maximum period of two years. Article 9.5.5 o 1. Exemption from the provisions pursuant to Article 9.5.1 may be granted by Royal Decree in the interests of national defence, at the request of Our Minister of Defense. o 2. Our Minister may furthermore, upon request, grant an exemption from the provisions pursuant to Articles 9.5.1 or 9.5.2 if this is not contrary to the interest which those Articles are intended to protect. o 3. It may be determined by an order in council as referred to in Articles 9.5.1 or 9.5.2 that another administrative authority designated by the order, instead of Our Minister, may grant exemption from the provisions pursuant to these Articles, if the interest that those articles are intended to protect does not preclude it. o 4. An exemption as referred to in paragraphs 1 to 3 may be regulations and restrictions are attached in the interest that Articles 9.5.1 or 9.5.2 are intended to protect. o 5. The regulations and restrictions referred to in the fourth paragraph may be amended, supplemented or withdrawn in the interest that Articles 9.5.1 or 9.5.2 are intended to protect. o 6. An exemption as referred to in paragraphs 1 to 3 inclusive may be withdrawn in whole or in part in the interest that Articles 9.5.1 or 9.5.2 are intended to protect. o 7. It may be determined by Order in Council pursuant to Article 9.5.2 that in the categories of cases indicated therein, Section 3.4 of the General Administrative Law Act applies to the preparation of a decision on the application for exemption. Article 9.5.6 o 1. If Article 9.5.1, sixth paragraph, under a, or Article 9.5.2, sixth paragraph, in conjunction with Article 9.5.1, sixth paragraph, under a, is applied, Section 3.4 of the General Administrative Law Act is applies to the Machine Translated by Google preparation of a decision on the application for a permit. Article 8.7 applies mutatis mutandis. o 2. A license can only be refused in the interest that Articles 9.5.1 or 9.5.2 are intended to protect. o 3. A license may be granted subject to restrictions. o 4. Conditions can be attached to a permit. This may include the provision that with regard to subjects regulated in the regulation, further requirements must be met, which are set by an administrative body designated by the regulation. o 5. Categories of cases may be designated in the relevant order in council to which the first paragraph does not apply. o 6. Insofar as provided for in the relevant measure, the permit may be amended or revoked. Section 3.4 of the General Administrative Law Act applies to the preparation of such an amendment or withdrawal. Article 8.7 applies mutatis mutandis. Title 9.6. The EC Directive to promote clean and energy-efficient road vehicles Article 9.6.1 Rules shall be laid down by or pursuant to order in council to promote the energy and environmental effects referred to in Article 5, second paragraph, of Directive no. 2009/, when purchasing the road vehicles designated in or under that order. 33/EC of the European Parliament and of the Council of the European Union of 23 April 2009 on the promotion of clean and energy-efficient road vehicles (OJEU L 120) by the following parties: o a. contracting authorities as referred to in Article 4(1) of that Directive, and oh b. operators as referred to in Article 3(b) of that Directive. • Chapter 10. Wastes Title 10.1. General Article 10.1 o 1. Anyone who performs or fails to act with regard to waste and who knows or could reasonably have known that adverse effects on the environment arise or may arise as a result, is obliged to take or refrain from taking all measures that can reasonably be expected of him. required, in order to prevent or limit those consequences as much as possible. o 2. Anyone who produces waste products is prohibited from handling to perform or refrain from performing or refraining from carrying out or refraining from carrying out or refraining from doing so in relation to those waste materials, of which he knows or could reasonably have known that this will cause or may cause adverse effects on the environment. o 3. It is prohibited for anyone to carry out activities with regard to waste, commercially or to the extent or in a manner as if it were commercial, if this, to the best of his knowledge or could reasonably have known, causes or could have adverse effects on the environment. to arise. Machine Translated by Google o 4. Activities as referred to in the third paragraph are in any case understood to mean: collecting or otherwise receiving, storing, recovering, removing, transporting or trading waste or mediating in the management of waste. o 5. The prohibitions referred to in the second and third paragraphs do not apply insofar as these relate to acts that the person who performs them is expressly permitted by or pursuant to this Act or a law referred to in Article 13.1, second paragraph, or the EC - waste shipment regulation. Article 10.1a o 1. This chapter does not apply to the following substances, preparations and objects: ÿ a. gaseous effluents that are released into the atmosphere, as well as carbon dioxide that is captured and transported for geological storage and that has been geologically stored in accordance with the provisions of Directive 2009/31/EC of the European Parliament and of the Council of the European Union of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/ EEC, Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/ EC and 2008/1/EC and Regulation (EC) No. 1013/2006 of the European Parliament and of the Council (OJEU L 140), or on the basis of Article 2, second paragraph, of that directive outside the scope of that directive fall; b . soil including unexcavated contaminated soil and buildings permanently connected to the ground; ÿ c. uncontaminated soil and other naturally occurring material excavated during construction activities, if it is established that the material in its natural state will be used for construction purposes on the site from which it was excavated; d . radioactive waste; ÿ e. discarded explosives; ÿ f. excrement, insofar as not covered by subsection h, under 1°, straw and other natural, non-hazardous material originating directly from agriculture or forestry that is used in agriculture, forestry or for the production of energy from that biomass by by processes or methods that are harmless to the environment and that do not endanger human health; ÿ g. sediment moved within surface water for the purpose of water and waterway management or to prevent flooding or to mitigate the effects of flooding and drought, or for land reclamation, if the sediment has been shown to be non-hazardous; ÿ h. ÿ 1°. animal by-products, including processed products, within the meaning of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of the European Union of 3 October 2002, except those intended to be incinerated or landfilled or for use in a biogas or composting plant; Machine Translated by Google ÿ 2°. carcasses of animals not killed by slaughter, with including animals that are killed to eradicate an epizootic and are removed in accordance with the regulation referred to under 1°; insofar as rules have been laid down in this regard by or pursuant to Community legislation. o 2. With regard to the substances, preparations and objects referred to in the first paragraph, insofar as waste is concerned, the provisions of or pursuant to Articles 15.33, 15.35 and 15.36, as well as Articles 2.4, 2.22, third paragraph, and 2.23, second paragraph of the General Provisions Environmental Law Act, also does not apply. Article 10.1b [Repealed on 01-01-1994] Article 10.2 o 1. It is prohibited to dispose of waste materials by dumping them - whether or not in packaging - outside an establishment, otherwise placing them on or in the ground or incinerating them. o 2. Exemption from the prohibition referred to in subsection 1 may be granted by or pursuant to order in council, if this is not in the interests of protecting the environment, for categories of cases specified therein. o 3. If the second paragraph has been applied, rules may be laid down by or pursuant to an order in council in the interest of the protection of the environment with regard to the disposal of waste materials as referred to in the first paragraph. Title 10.2. The waste management plan Article 10.3 Our Minister shall draw up a waste management plan at least once every six years. Article 10.4 o 1. When establishing the waste management plan and when taking other measures for the prevention and management of waste, Our Minister uses the following waste hierarchy as a priority order: ÿ a. prevention; b . preparation for reuse; ÿ c. recycling; d . other recovery, including energy recovery; ÿ e. safe removal. o 2. The first paragraph applies mutatis mutandis with regard to the taking of measures as referred to in that paragraph by the provincial executive and mayor and aldermen. Article 10.5 Machine Translated by Google When establishing the waste management plan and when taking other measures for the prevention and management of waste: o a. derogations from the waste hierarchy referred to in Article 10.4 may be made if necessary for certain specific waste streams, if this is justified, taking the entire life cycle into account, with regard to the general effects of the production and management of such waste; oh b. Our Minister takes into account that the importance of an efficient waste management requires that the management is effective and efficient and that effective supervision or customs control of the management is possible. Article 10.5a [Repealed on 08-05-2002] Article 10.6 When establishing the waste management plan, Our Minister takes into account the applicable national environmental policy plan. Article 10.7 o 1. The waste management plan contains the subjects that must be included in such a plan pursuant to decisions of the institutions of the European Union that are binding on the Netherlands. The waste management plan complies with the relevant provisions of or pursuant to the Waste Framework Directive, including the provisions laid down by or pursuant to that Directive with regard to waste prevention programmes. o 2. The waste management plan also contains at least: ÿ a. the outlines of the policy for the implementation of this Act with regard to the prevention or limitation of the generation of waste and the management of waste in the six-year period concerned and, insofar as possible, in the following six years; b . an elaboration of these outlines with regard to the designated categories of waste materials or methods of waste management; ÿ c. the capacity required for the designated methods of waste management in the six-year period concerned and, as far as possible, in the following six years; d . a description of the policy for the implementation of the EC Waste Shipment Regulation in the six-year period concerned. Article 10.8 o 1. Our Minister draws up the part of the waste management plan, as referred to in Article 10.7, second paragraph, under a, after consultation with an authority that can be considered representative for the provincial authorities and with an authority that can be considered representative for the municipal authorities. o 2. Our Minister draws up the parts of the waste management plan, referred to in Article 10.7, second paragraph, under b and c, in joint consultation with an authority that can be considered representative for the provincial authorities and Machine Translated by Google with a body that can be considered representative of the municipal authorities. o 3. Our Minister furthermore involves, in his opinion, the other administrative bodies, institutions and organizations most interested in the subjects to be discussed in the preparation of the waste management plan. o 4. Our Minister may lay down further rules with regard to the manner in which the provisions of subsections 1 to 3 are implemented. Article 10.9 o 1. With regard to the preparation of the waste management plan, Section 3.4 of the General Administrative Law Act applies. o 2. The design of the waste management plan is, at the same time as the available for inspection, submitted to the two Houses of the States General. Article 10.10 For the purpose of drawing up the waste management plan, the administrative authorities shall provide Our Minister, at his request, with all information and data at their disposal, insofar as this is reasonably necessary for that preparation. Article 10.11 o 1. As soon as the waste management plan has been adopted, Our Minister shall inform notification by submitting the waste management plan to both Houses of the States General and by sending it to the Provincial Executive of the provinces and the mayor and aldermen of the municipalities. o 2. Our Minister also sends the waste management plan to the administrative bodies, institutions and organizations that were involved in its preparation in accordance with Article 10.8, paragraph 3. Article 10.12 o 1. The waste management plan applies from the day on which four weeks have passed after the day on which the adoption of the waste management plan was published in the Government Gazette. Our Minister may determine that the waste management plan, or parts thereof, will not apply until a later date. o 2. The waste management plan applies, unless a new waste management plan has been adopted, for a period of six years. Our Minister may extend the validity of the waste management plan once by a maximum of two years. Article 10.12a [Repealed on 01-01-1994] Article 10.12b [Repealed on 01-01-1994] Article 10.13 o 1. The waste management plan can be changed. Machine Translated by Google o 2. Articles 10.4 to 10.11 and 10.12, first paragraph, apply mutatis mutandis with regard to an amendment to the waste management plan. Article 10.14 o 1. Every administrative authority takes into account the applicable waste management plan when exercising a power under this Act, insofar as the power is exercised with regard to waste. o 2. Insofar as the waste management plan does not provide for the subject for which the authority is exercised, the administrative authority shall take into account the order of preference indicated in Article 10.4 and the criteria referred to in Article 10.5, paragraph 1. o 3. The first paragraph applies mutatis mutandis when exercising a power under the EC Waste Shipment Regulation. Title 10.3. Reuse, prevention and recycling and other recovery Article 10.15 [Repealed on 01-01-2012] Article 10.16 [Repealed as of 01-01-2012] Article 10.16a [Repealed on 01-01-2012] Article 10.16b [Repealed on 01-01-2012] Article 10.16c [Repealed on 01-01-2012] Article 10.16d [Repealed on 01-01-2012] Article 10.17 [Repealed on 01-01-2012] Article 10.18 [Repealed on 01-01-2012] Article 10.19 [Repealed on 01-01-2012] Article 10.20 [Repealed on 01-01-2012] Title 10.4. The management of household and other waste Article 10.21 o 1. The municipal council and mayor and aldermen, whether or not in collaboration with the municipal council and mayor and aldermen of other municipalities, ensure that at least once a week the household waste, with the exception of coarse household waste, is collected at every a plot located on the territory where such waste can regularly be generated. o 2. Vegetable, fruit and garden waste is in any case collected separately collected. o 3. The municipal council may decide to collect other components of household waste. Machine Translated by Google Article 10.22 o 1. Each municipality is responsible for: ÿ a. that bulky household waste is collected from every parcel located within its territory where such waste is generated, and b . that at least one place made available for this purpose within the municipality or within the municipalities with which it collaborates, provides sufficient opportunity to leave bulky household waste behind. o 2. In the interest of effective management of gross household waste it may be determined by order in council that subsection 1 shall not apply in whole or in part with regard to categories of coarse household waste designated by the order, whether or not insofar as these are released in a quantity or size that, or a weight, that is greater than indicated in the measure. Article 10.22a [Repealed on 08-05-2002] Article 10.23 o 1. In the interest of protecting the environment, the municipal council establishes a waste ordinance. o 2. Without prejudice to Article 10.14, the following shall be taken into account when establishing or amending the Regulation: ÿ a. the municipal environmental policy plan; b . the municipal environmental programme, if there is no environmental policy plan. o 3. The waste ordinance does not contain any rules as referred to in Article 10.48. Article 10.24 o 1. The waste ordinance contains at least rules regarding: ÿ a. transferring or offering household waste for collection to a collection service designated by or pursuant to the Regulation; b . transferring such waste to another person; ÿ c. leaving such waste in a place made available for that purpose. o 2. Rules may also be laid down in the waste ordinance regarding collecting household waste. Article 10.25 Rules can in any case be laid down in the waste ordinance: o a. in order to prevent waste materials from entering the environment as litter or in order to ensure that this happens as little as possible; oh b. regarding the cleaning up of waste that has ended up in the environment as litter; Machine Translated by Google o c. regarding the presence of in a place visible to the public; waste materials. Article 10.26 o 1. In derogation from Article 10.21, the municipal council may, in the interest of efficient management of household waste, determine in the waste ordinance that: ÿ a. household waste is collected near each plot; b . household waste is collected with an additional indicated regularity; ÿ c. no household waste is collected in part of the territory of the municipality; d . components of the vegetable, fruit and garden waste specified therein are collected separately; ÿ e. vegetable, fruit and garden waste with other components of household waste indicated therein is collected separately from other household waste. o 2. In preparing such a decision, the municipal council will involve the residents and interested parties, in the manner provided for in the ordinance adopted pursuant to Article 150 of the Municipalities Act. Article 10.27 In cases as referred to in Article 10.26, first paragraph, under b and c, the municipal council and the mayor and aldermen shall ensure that at least one place made available for this purpose within the municipality or within the municipalities with which it cooperates is sufficiently opportunity is given to dispose of household waste. Article 10.28 o 1. Rules may be laid down by order in council regarding the inclusion in the regulation of an obligation to bring components of household waste to a place made available for that purpose. o 2. The measure may indicate how the municipal council and the mayor and aldermen ensure that places as referred to in the first paragraph are sufficiently available within the municipality. o 3. It may be determined by the order that Articles 10.21, first paragraph, and 10.24, first paragraph, under a, do not apply with regard to the collection of the components of household waste that have been designated pursuant to the first paragraph. Article 10.29 o 1. Rules may be laid down by order in council regarding the collection of household waste, in so far as it concerns cases in which the efficient management of household waste is of more than municipal importance. waste materials. Machine Translated by Google o 2. This may in any case include rules which require the mayor and aldermen to take measures for the collection of those waste materials or to establish and maintain facilities for this purpose. If this is feasible in technical, environmental and economic terms, the order in council in order to facilitate or improve the recovery of waste will include the obligation to declare household waste to be separated and not mixed with waste or materials that are not the same. possess properties. Title 10.5. Wastewater disposal, collection and transportation Artikel 10.29a An administrative body shall, when exercising a power under this Act, insofar as that power is exercised with regard to waste water, take into account that the interest of the protection of the environment requires that in the following order of preference: o a. the generation of waste water is prevented or limited; oh b. pollution of waste water is prevented or limited; o c. wastewater flows are kept separate, unless not keeping them separate has no adverse consequences for the efficient management of wastewater; o.d. _ domestic waste water and, to the extent that it is efficient and cost-effective, waste water that corresponds to this in terms of biodegradability is collected and transported to an establishment as referred to in Article 3.4 of the Water Act; oh . waste water other than referred to in part d if necessary after retention or purification at source, is reused; o f. waste water other than referred to in subsection d locally, if necessary after retention or purification at source, released into the environment and oh g. waste water other than referred to in part d to an establishment as referred to in Article 3.4 of the Water Act is transported. Article 10.30 o 1. It is prohibited to dispose of waste water or other waste, other than from an establishment, by bringing it to a facility for the collection and transport of waste water. o 2. The prohibition referred to in the first paragraph does not apply to bringing: a. ÿ a. domestic waste water in a facility for the collection and transport of urban waste water; b . rainwater runoff in a public rainwater system or in a facility for the collection and transport of urban wastewater, which, according to the municipal sewerage plan, is also intended for the discharge of rainwater runoff, and ÿ c. groundwater in a public drainage system or in a facility for the collection and transport of urban waste water, which, according to the municipal sewerage plan, is also intended for the discharge of groundwater. Machine Translated by Google o 3. In the interest of efficient management of waste water, exemptions from the prohibition referred to in subsection 1 may be granted by order in council for categories of cases specified therein. Article 10.31 Articles 10.21 to 10.29 inclusive and title 10.6 do not apply to the introduction of waste water and other waste materials into a facility for the collection and transport of waste water, the collection and transport of waste water to such a facility and its removal from such facility. dispensing waste water to a person who manages a treatment plant. Article 10.32 In the interest of the protection of the environment, rules may be laid down by or pursuant to order in council regarding the introduction of waste water and other waste materials into a facility for the collection and transport of waste water, other than from an establishment. Article 8.42, paragraphs 1 to 5, shall apply mutatis mutandis. Artikel 10.32a o 1. The municipal council may determine by ordinance that: ÿ a. when rainwater runoff or groundwater is deposited on or into the soil or in a facility for the collection and transport of wastewater, the rules laid down in that regulation are complied with, and b . the introduction of rainwater runoff or groundwater into a facility for the collection and transport of urban waste water is terminated within a period specified in that regulation. o 2. The option referred to in subsection 1(b) shall not be used if the person from whom rainwater or groundwater is released cannot reasonably be required to dispose of that water in any other way. Article 10.33 o 1. The municipal council or mayor and aldermen are responsible for the collection and transport of urban waste water that is released from the plots located within the territory of the municipality, by means of a public waste water sewer to an establishment as referred to in Article 3.4 of the Water Act. o 2. Separate systems or other appropriate systems managed by a municipality, water board or a legal person charged with management by a municipality or water board may be used instead of a public waste water sewer and an establishment as referred to in the first paragraph, if, according to the municipal sewerage plan, the same degree of environmental protection is achieved with those systems. Machine Translated by Google o 3. At the request of the mayor and aldermen, the provincial executive may grant exemption from the obligation, referred to in the first paragraph, for: ÿ a. a part of the territory of a municipality that is located outside the built-up area, and b . a built-up area from which urban waste water with a pollution value of less than 2000 population equivalents is discharged. o 4. The exemption referred to in paragraph 3 may be revoked by the Provincial Executive if developments in the area for which the exemption has been granted give cause to do so. The withdrawal will indicate the period within which collection and transport of urban waste water will be provided. Article 10.34 Our Minister shall lay down rules on the design, construction, adjustment and maintenance of facilities for the collection and transport of urban waste water in implementation of a treaty binding on the Netherlands or a decision of an international organization binding the Netherlands. Article 10.35 o 1. Our Minister draws up a report every two years, in which the status of matters is described with regard to the collection and transport of urban waste water and the disposal of sludge that comes wholly or mainly from sewage treatment plants that are managed by a province, a municipality or a water board. o 2. The adoption of the report will be announced in the Government Gazette. o 3. Rules may be laid down by or pursuant to an order in council made with regard to the application of the first paragraph. These rules may imply an obligation for the mayor and aldermen to provide data annually in a manner indicated therein, which are necessary for the preparation of the report. Title 10.6. Management of industrial waste and hazardous waste § 10.6.1. The delivery and receipt of industrial waste and hazardous waste Article 10.36 For the purposes of this title, collected or delivered household waste is equated with industrial waste. Article 10.36a [Repealed on 08-05-2002] Article 10.36b [Repealed on 08-05-2002] Article 10.37 Machine Translated by Google o 1. It is prohibited to dispose of industrial waste or hazardous waste by handing it over to someone else. o 2. The prohibition does not apply if industrial waste or hazardous waste is delivered to a person: ÿ a. who is authorized pursuant to Article 10.45 or 10.48 to collect the waste concerned; b . authorized to recover or dispose of the waste concerned remove: ÿ 1°. pursuant to Chapter 8 or on the basis of an environmental permit; ÿ 2°. on the basis of a pursuant to Article 10.2, second paragraph, exemption granted or an exemption pursuant to Article 10.63, second or third paragraph, of the prohibition referred to in Article 10.2, first paragraph; ÿ 3°. pursuant to Article 10.52; ÿ 4°. on the basis of a pursuant to Article 10.54, paragraph 3, exemption granted or an exemption pursuant to Article 10.63(3) of the prohibition referred to in Article 10.54(1); ÿ c. who, pursuant to Article 10.50, is exempt from the obligations imposed by or pursuant to Articles 10.38 to 10.40, 10.45, 10.46 and 10.48; d . who, on the basis of a permit granted under the Water Act, is authorized to discharge the waste concerned, or to take it on board a vessel or aircraft for the purpose of discharging it; ÿ e. which is authorized by virtue of the Water Act to introduce waste materials of the nature and composition concerned into surface waters; ÿ f. who is established in a country other than the Netherlands, and who brings that waste to that country in accordance with the EC Regulation on the shipment of waste and Title 10.7; ÿ g. who is authorized to transport or trade the waste concerned pursuant to Article 10.55. Article 10.38 o 1. A person who disposes of industrial waste or hazardous waste by handing it over to a person as referred to in Article 10.37, second paragraph, under a to f, registers with regard to such delivery: ÿ a. the date of issue; b . the name and address of the person to whom the waste is sent handed in; ÿ c. the usual name and quantity of that waste; d . the place where and the way in which the waste is delivered; ÿ e. the intended manner of waste management; ÿ f. in the event that the delivery is made through the intermediary of another party who has been instructed to transport the waste materials to the person for whom they are intended: his name and address and the name and address of the person on whose behalf the transport takes place. o 2. The registered data will be kept for at least five years and kept available by the waste holder during that period Machine Translated by Google of those charged with the supervision or customs control of compliance with the law and of previous waste holders. o 3. A person as referred to in Article 10.37, second paragraph, under a or b, who disposes of industrial waste or hazardous waste by handing it over to another such person, reports the in the first paragraph with regard to such a delivery. the data referred to to a body to be designated by Our Minister. Article 10.39 o 1. A person who disposes of industrial waste or hazardous waste by handing it over to a person as referred to in Article 10.37, second paragraph, under a to e, provides: ÿ a. to this person a description of the nature, properties and composition of those waste materials; b . to the person who is instructed to transport the waste to that person, an accompanying letter. o 2. The guidance letter contains at least the information referred to in the first paragraph, under a, and the in information referred to in Article 10.38, first paragraph. Article 10.40 o 1. A person as referred to in Article 10.37, second paragraph, under a or b, to whom industrial waste or hazardous waste is delivered, reports with regard to such a delivery to a body to be designated by Our Minister: ÿ a. the date of issue; b . the name and address of the person from whom the waste originates to be; ÿ c. the usual name and quantity of the waste; d . the place where and the way in which the waste is delivered; ÿ e. the way in which the waste is recovered or disposed of; ÿ f. in the event that the delivery is made through the intermediary of another party who was instructed to transport the waste to him: his name and address and the name and address of the person on whose behalf the transport takes place. o 2. A person as referred to in the first paragraph is prohibited from receiving industrial or hazardous waste without being provided with a description and an accompanying letter as referred to in Article 10.39, first paragraph, under a and b. o 3. At the request of the provincial executive of a province or the mayor and aldermen of a municipality who are the competent authorities, the data as referred to in subsection 1 shall be sent to the provincial executive or mayor and aldermen. Article 10.40a o 1. The obligation laid down in Article 10.38 to register or report the delivery of waste does not apply to a person who disposes of Machine Translated by Google waste from ships designated by order in council. o 2. The person who designates waste materials by order in council from ships, confirms this receipt in a manner to be indicated by order in council on a form established pursuant to Article 10.1 of the Water Act. Article 10.41 o 1. Rules shall be laid down by or pursuant to an order in council with regard to the manner in which Articles 10.38 to 10.40 are implemented. o 2. It is determined by or pursuant to an order in council whether the notification, referred to in Articles 10.38, paragraph 3, and 10.40, prior to the delivery or receipt of waste, respectively, or after. A distinction can be made in this regard by category of waste. Article 10.42 o 1. By or pursuant to an order in council, Article 10.38, the persons referred to in that article are obliged to report the information referred to in that article to a body to be designated by Our Minister. o 2. Articles 10.40, third paragraph, and 10.41 apply mutatis mutandis. Article 10.43 o 1. Categories of cases may be designated by or pursuant to Order in Council with regard to industrial waste and hazardous waste to which obligations as referred to in Articles 10.38 to 10.40 do not apply. o 2. If subsection 1 is applied, persons as referred to in section 10.40, subsection 1 shall be obliged by or pursuant to an order in council to register the information referred to in the relevant provisions in a manner to be indicated therein. manner. Article 10.43a [Repealed on 08-05-2002] § 10.6.2. The transport of industrial waste and hazardous waste Article 10.44 o 1. The person who transports industrial waste or hazardous waste is is obliged to have an accompanying letter as referred to in Article 10.39 with the waste for as long as he has the waste materials in his possession. o 2. If someone else takes delivery of the waste, he or she will hand over the accompanying letter to that other person upon receipt. o 3. Rules shall be laid down by or pursuant to an order in council with regard to the manner in which the obligations referred to in subsections 1 and 2 are implemented. Categories of cases may also be designated for which such obligations do not apply. Machine Translated by Google Article 10.44a [Repealed on 08-05-2002] Article 10.44b [Repealed on 08-05-2002] Article 10.44c [Repealed on 08-05-2002] Article 10.44d [Repealed on 08-05-2002] Article 10.44e [Repealed on 08-05-2002] § 10.6.3. The collection of industrial waste and hazardous waste Article 10.45 o 1. It is prohibited to dispose of industrial waste or hazardous waste collect: ÿ a. without entry on a list of collectors, or b . if the waste materials belong to the categories designated pursuant to Article 10.48, without a permit from Our Minister. o 2. Exemption from the prohibition referred to in subsection 1 may be granted by or pursuant to order in council, if this is not in the interests of protecting the environment, for categories of cases specified therein. o 3. Our Minister shall designate an authority that is responsible on his behalf for the inclusion of collectors on the list of collectors referred to in the first paragraph. o 4. At the direction of Our Minister, the listing of a collector on the list will be terminated. o 5. Our Minister shall lay down rules with regard to the criteria for inclusion on the list and termination thereof. Article 10.46 o 1. By or pursuant to an order in council, in the interest of an efficient management of industrial waste or hazardous waste, rules have been laid down regarding the collection of such waste, whether or not originating from persons, belonging to a category designated by or pursuant to that measure. o 2. The rules include: ÿ a. rules regarding the manner in which a collector reports to the body designated pursuant to Article 10.45, paragraph 3, and the information submitted; b . rules containing the obligation to report a change in the data submitted with the report; ÿ c. rules regarding the disclosure of the data submitted with the notification to anyone, as well as of a change as referred to under b; d . rules entailing the obligation that the collector must have documents to be indicated during the collection, showing that he is mentioned on the list of collectors. o 3. It may be stipulated in the rules that the entry on the list of collectors is only valid for a specified period. Machine Translated by Google Article 10.47 o 1. In the interest of efficient management of industrial or hazardous waste, rules may be laid down by order in council regarding the collection of such waste. o 2. This may in any case include rules that: ÿ a. the mayor and aldermen or the provincial executive take measures or establish and maintain facilities for the collection of such waste; b . designated categories of industrial waste or hazardous waste that is delivered separately is collected separately. o 3. If feasible from a technical, environmental and economic point of view, In order to facilitate or improve the recovery of waste, the order in council shall include the obligation to separate specified industrial waste and not be mixed with waste or materials that do not have the same properties. o 4. The order shall specify the period within which the rules must be implemented by the designated administrative bodies. Article 10.48 o 1. By order in council, in the interest of an efficient management of industrial waste or hazardous waste, it is stipulated that a license from Our Minister is required for the collection of designated categories of such waste. o 2. For activities related to establishments at or pursuant to the Articles 2.8, 2.14, 2.20, 2.22, 2.23, 2.25, 2.26, third and fourth paragraph, 2.29, 2.30, 2.31, first paragraph, under a and b, and second paragraph, under b, 2.33, first paragraph, under a to the provisions of d, and second paragraph, under a, b and d, 3.2, 3.10, 3.12, 3.13, 3.15 and 4.1 of the General Provisions for Environmental Law Act apply mutatis mutandis with regard to the granting, refusal, amendment and withdrawal of a permit as referred to in the first paragraph, on the understanding that for the application of the said Articles, the interest of protecting the environment is limited to the interest of efficient waste management. o 3. In the interest of efficient waste management, Our Minister may set the rates that will be charged at least or at most when waste is received by the holder of a permit as referred to in the first paragraph. Article 10.49 o 1. The conditions to be attached to the permit referred to in Article 10.48, first paragraph, may in any case include: a. ÿ a. that waste materials in designated categories of cases may not be collected without separate permission from Our Minister; b . the obligation to take receipt of waste materials designated therein when they are presented to the collector; Machine Translated by Google ÿ c. the obligation to collect separately designated categories of waste that are delivered separately; d . the obligation to collect waste materials designated therein when they are presented to the collector; ÿ e. the obligation to deliver waste to designated persons. o 2. A permit only applies to the person to whom it has been granted. This one ensures that the regulations attached to the permit are complied with. § 10.6.4. Further provisions regarding the management of industrial waste and hazardous waste Article 10.50 o 1. Our Minister may, if for the management of the substances concerned, preparations or objects there is an obligation to take them as referred to in Article 10.17 or an equivalent voluntary intake, indicate by ministerial regulation categories of cases in which the obligations imposed by or pursuant to Articles 10.38 to 10.40, 10.45, 10.46 and 10.48 do not apply. o 2. A ministerial regulation as referred to in subsection 1 includes the obligation to register information to be specified therein in a manner to be specified therein. Article 10.51 o 1. In the interest of efficient management of industrial or hazardous waste, rules may be laid down by Order in Council regarding the disposal outside an establishment of categories of industrial or hazardous waste designated by the Order. o 2. Rules may in any case be laid down in the measure, containing the obligation: ÿ a. to separate these waste materials and to keep them separate from other substances and waste materials; b . in the case of delivery to another party, who dispose of waste separately to give. Article 10.52 o 1. By order in council, in the interest of the protection of the environment rules are laid down regarding the management of categories of industrial waste designated by the measure. o 2. Rules may in any case be laid down by the order, prohibiting the recovery or disposal of categories of industrial waste designated by the order outside an establishment without a permit from the administrative body designated for that purpose by the order. o 3. The order may impose the obligation to comply with further requirements with regard to the subjects specified therein. The order designates the administrative body that can set those requirements. Article 10.53 Machine Translated by Google For activities relating to establishments under or pursuant to Articles 2.8, 2.14, 2.20, 2.22, 2.23, 2.25, 2.26, third and fourth paragraph, 2.29, 2.30, 2.31, first paragraph, under a and b, and second paragraph, under b, 2.33, first paragraph, under a to d, and second paragraph, under a, b and d, 3.2, 3.10, 3.12, 3.13, 3.15 and 4.1 of the General Provisions for Environmental Law Act applies mutatis mutandis with regard to granting, refusing, amending and withdrawing a permit as referred to in Article 10.52, second paragraph. Article 10.54 o 1. It is prohibited to recover hazardous waste outside an establishment adjust or remove. o 2. The prohibition does not apply to activities that are expressly permitted to those who collect hazardous waste pursuant to Article 10.47, 10.48 or 10.54a, second paragraph. o 3. Article 10.2, second paragraph, applies mutatis mutandis. Article 10.54a o 1. It is prohibited to mix hazardous waste materials, including dilution, with other categories of hazardous waste or with other waste, substances or materials. o 2. The prohibition referred to in the first paragraph does not apply insofar as the mixing of hazardous waste is permitted under an environmental permit. o 3. Our Minister shall determine by ministerial regulation in which cases hazardous waste materials that have been mixed in violation of the first paragraph must be separated. Article 10.55 o 1. It is prohibited: ÿ a. to transport industrial waste or hazardous waste for others for a fee, b . to trade in industrial waste or hazardous waste, ÿ c. to mediate on behalf of others in the management of industrial waste or hazardous waste, without being listed as carrier, merchant or intermediary respectively on the list of carriers, merchants and intermediaries. o 2. The prohibition referred to in the first paragraph, under a, does not apply to those who: is authorized to collect industrial waste or hazardous waste pursuant to Article 10.45. o 3. Our Minister designates an authority that will take care of the statement of carriers, traders and intermediaries on the list referred to in the first paragraph. o 4. Our Minister shall lay down further rules regarding the inclusion of carriers, traders and intermediaries on the list referred to in the first paragraph. These rules in any case contain criteria for inclusion on the list and for termination thereof. Machine Translated by Google o 5. A carrier, trader or intermediary as referred to in the first paragraph registers the following data with regard to the activities referred to in the first paragraph: ÿ a. the name and address of the person: ÿ 1° from whom the waste originates, ÿ 2° to whom the waste materials are delivered; b . the usual name and quantity of the waste. o 6. Article 10.38, second paragraph, applies mutatis mutandis. o 7. Our Minister shall lay down rules containing the obligation that a carrier as referred to in subsection 1 must have documents to be indicated during the transport, showing that he is included on the list of carriers. Title 10.7. Shipments of waste within, into and out of the European Community Article 10.56 o 1. Our Minister shall lay down rules for the implementation of Article 6 of the EC Waste Shipment Regulation. o 2. Our Minister may lay down rules for the implementation of Articles other than the Article of the EC Waste Shipment Regulation referred to in the first paragraph. Article 10.57 It may be determined by Order in Council that Titles II and VII of the EC Waste Shipment Regulation shall apply mutatis mutandis with regard to the shipment of waste within the Netherlands. Article 10.58 Our Minister is the competent authority referred to in Article 53 of the EC Waste Shipment Regulation. Article 10.59 Article 4:15 of the General Administrative Law Act does not apply to a notification as referred to in the EC Waste Shipment Regulation. Article 10.60 o 1. It is prohibited to bring waste materials to which the EC Waste Shipment Regulation applies into or out of Dutch territory if, in the opinion of Our Minister, the intended shipment, recovery or disposal would be contrary to the interests of of environmental protection. o 2. It is prohibited to perform acts as referred to in Article 2, under 35, of the EC Waste Shipment Regulation. o 3. It is prohibited to act in violation of Article 49, first paragraph, of the EC waste shipment regulation. Machine Translated by Google o 4. It is prohibited to act contrary to the regulations as referred to in Articles 35(5), 37(4) or 38(6) of the EC Waste Shipment Regulation. o 5. It is prohibited to transfer waste materials if action is taken in violation of a regulation laid down by: ÿ a. Article 13, second paragraph, 15, under c, 16, under a, b, c, first or second sentence, or d, 18, first or second paragraph, or 19 of the EC Waste Shipment Regulation; b . Article 35, first paragraph, 38, first paragraph, 42, first paragraph, 44, first paragraph, 45 in connection with 42, first paragraph, 46, first paragraph, 47 in connection with 42, first paragraph, or 48, first paragraph, in conjunction with 47 and 42, first paragraph, of the EC Waste Shipment Regulation, each time in conjunction with one or more of the provisions referred to under a; ÿ c. Article 55, last sentence, of the EC Waste Shipment Regulation. o 6. It is prohibited to ship waste materials if trade is carried out in conflict with a condition made pursuant to: ÿ a. Article 10, first or second paragraph, or 13, third paragraph, of the EC Waste Shipment Regulation; b . Article 35, first paragraph, 38, first paragraph, 42, first paragraph, 44, first paragraph, 45 in connection with 42, first paragraph, 46, first paragraph, 47 in connection with 42, first paragraph, or 48, first paragraph, in conjunction with 47 and 42, paragraph 1, of the EC Waste Shipment Regulation, each time in conjunction with one or more of the provisions referred to under a. o 7. It is prohibited to transfer waste materials if action is taken in violation of a regulation laid down by: ÿ a. Article 15, under d or e, last sentence, 16, under c, last sentence, or under e, or 20 of the EC Waste Shipment Regulation; b . Article 35, first paragraph, 38, first paragraph, 42, first paragraph, 44, first paragraph, 45 in connection with 42, first paragraph, 46, first paragraph, 47 in connection with 42, first paragraph, or 48, first paragraph, in conjunction with 47 and 42, first paragraph, of the EC Waste Shipment Regulation, each time in conjunction with one or more of the provisions referred to under a; ÿ c. Article 35, paragraph 3, under c, 38, paragraph 3, under b, 42, paragraph 3, under c, 44, paragraph 3, in conjunction with Article 42, paragraph 3, under c, 45 in conjunction with Article 42, paragraph 3 , under c, 47 in connection with 42, third paragraph, under c, 48, first paragraph, in connection with 47 and 42, third paragraph, under c, or 48, second paragraph, preamble, in connection with 44, third paragraph, and 42, third paragraph, under c, of the EC Waste Shipment Regulation. Title 10.8. Further provisions Article 10.61 o 1. Rules may be laid down by order in council, insofar as this is necessary in the interest of efficient waste management, with regard to the inclusion in the waste ordinance of rules as referred to in Articles 10.21, 10.24, 10.25 and 10.26 . Machine Translated by Google o 2. In the case of a measure as referred to in the first paragraph, it is stated within which period and, if necessary, how those rules must be included in the regulation. Article 10.62 o 1. Our Minister may, insofar as this is necessary in the interest of efficient waste management, issue a binding instruction to the municipal council regarding the inclusion in the waste materials ordinance of rules as referred to in Articles 10.21, 10.24, 10.25 and 10.26. o 2. Article 10.61, second paragraph, applies mutatis mutandis. o 3. Our Minister shall consult with the municipality concerned about an intention to issue an instruction. He shall notify the States General of the intention, stating the reasons for this. o 4. The designation will be announced in the Government Gazette. Article 10.63 o 1. The mayor and aldermen may grant exemption from the prohibition laid down in Article 10.30, first paragraph, if this is not in the interests of efficient waste water management. o 2. The mayor and aldermen may, if the interest of the protection of the environment does not dictate otherwise, grant exemption from the prohibition laid down in Article 10.2, first paragraph, to dispose of waste by incinerating it outside an establishment, insofar as it does not concern hazardous waste. Section 4.1.3.3 of the General Administrative Law Act applies to the exemption referred to in the previous sentence. o 3. If the interests of the protection of the environment do not dictate otherwise, the Provincial Executive may grant an exemption from the prohibition laid down in Article 10.2, first paragraph, to dispose of waste by dumping it outside an establishment or otherwise on or into the soil, insofar as this does not concern hazardous waste, and, if this is not in the interest of efficient waste management, grant exemption from the prohibitions set out in Articles 10.37 and 10.54. o 4. Our Minister may, if it is in the interest of the efficient management of waste does not oppose this, grant an exemption from the provisions of an order in council pursuant to Articles 10.28, 10.29, 10.47, 10.51 and, if this is not in the interest of the protection of the environment, from 10.52, from the provisions of or pursuant to an order in council pursuant to Articles 10.41, first and second paragraph, 10.42, first paragraph, 10.43, first paragraph, 10.44, third paragraph, and 10.46, first paragraph, as well as the provisions of Articles 10.23, third member, and 10.48. Article 10.64 o 1. For activities related to establishments at or pursuant to the Articles 2.8, 2.14, 2.20, 2.22, 2.23, 2.25, 2.26, third and fourth paragraph, 2.29, 2.30, 2.31, first paragraph, under a and b, and second paragraph, under b, 2.33, first paragraph, under a to with d, and second paragraph, under a, b and d, 3.2, 3.10, 3.12, 3.13, 3.15 and 4.1 of the General Provisions Environmental Law Act provides that Machine Translated by Google apply mutatis mutandis with regard to granting, refusing, amending and withdrawing an exemption as referred to in Article 10.63, on the understanding that – except with regard to an exemption from the provisions of Article 10.2, first paragraph, and Article 10.54, first paragraph, for that purpose prohibited the–, interest of protecting the environment is limited to the interest of efficient management of the category of waste concerned. o 2. Notwithstanding the first paragraph, section 3.4 of the General Act administrative law does not apply to an exemption as referred to in Article 10.63, second paragraph. • Chapter 11. Other Operations Title 11.1. Quality of work and integrity of those who perform this work Article 11.1 In this title, insofar as it concerns parts of the environmental policy that fall under the responsibility of Our Minister of Transport, Public Works and Water Management, Our Minister concerned means: Our Minister of Transport, Public Works and Water Management. Article 11.2 o 1. Rules may be laid down by or pursuant to order in council to promote the quality of activities designated by or pursuant to the order as referred to in the second paragraph, and to promote the integrity of those who perform these activities, which are necessary are related to environmental protection. o 2. Activities as referred to in the first paragraph are: ÿ a. performing calculations, measurements or counts; b . taking or analyzing samples or otherwise conducting research into the nature or degree of contaminants in substances, products, waste materials, waste water, air, surface water, soil, organisms or soil; ÿ c. limiting, reversing or otherwise remediating contamination in substances, products, waste, waste water, air, surface water, soil or soil; d . assessing or inspecting substances, products, facilities or installations; ÿ e. the application or making suitable for application of substances, products or waste materials in a work or the performance of a work on or in the soil; ÿ f. supervising or preparing or supervising activities as referred to in parts a to e; ÿ g. mediate in, assess or advise or report on activities as referred to in parts a to f; h . issuing, amending, suspending, revoking or refusing certificates, or ÿ i. work related to a geothermal energy system. Machine Translated by Google o 3. Until the rules to be laid down in a measure pursuant to the first paragraph may include rules prohibiting carrying out a designated activity without having available for that activity: ÿ a recognition with which Our Minister, in agreement with Our Minister concerned, or a body designated by the order, has established that the person who carries out an activity as referred to in the first paragraph meets the requirements set by or pursuant to the order with regard to independence expertise, competence, reliability, financial capacity or other requirements with which the quality of the work and the integrity of the person performing an activity can be promoted; b . a certificate with which a recognized . under subsection a certification body has made it known that for a certain period there is a justified confidence that a natural or legal person meets the standards applicable to the certification with regard to expertise, competence, the quality system, internal quality control, work instructions, complaint handling or other standards with which the quality of work can be promoted; ÿ c. an accreditation with which the Stichting Raad voor Accreditatie in Utrecht has made it known that for a certain period there is a justified confidence that a certification body, an inspection body, a laboratory or another institution is competent to carry out the relevant activity and that it is requirements regarding independence, impartiality, continuity or other requirements with which the quality of the work can be promoted. o 4. Until the rules to be laid down in a measure pursuant to the first paragraph may also include rules, containing the obligation: ÿ a. to act in accordance with the regulations attached to the recognition; b . to act in accordance with the applicable activity with or pursuant to the measure designated document; ÿ c. to act in accordance with the requirements laid down by or pursuant to the order regarding independence, expertise, competence, reliability, financial capacity or other requirements with which the quality of the work and the integrity of the person performing an activity can be promoted; d . of a revocation or suspension of a certificate or accreditation to notify Our Minister or a body designated by the measure. o 5. If the third paragraph, opening words and part a is applied, rules will be laid down in the order with regard to: ÿ the manner in which the application for recognition must be made and the information that must be provided by the applicant with a view to the decision on the application; b . the grounds on which and the conditions under which Our Minister, in agreement with Our Minister concerned, or a body designated by the Order, may grant, change, refuse, suspend or withdraw recognition, and Machine Translated by Google ÿ c. the period for which recognition can be granted or suspended. o 6. Our Minister may, in agreement with Our Minister concerned, grant exemptions for categories of activities or categories of natural persons, legal persons or institutions that perform activities, from the rules laid down pursuant to subsections 3 to 5 inclusive, insofar as the interest of environmental protection does not preclude this. Article 11.3 Insofar as Article 11.2, paragraphs 1 and 3 has been implemented, the order may provide that in cases indicated in the order: o a. the competent authority does not process an application for a decision issued by or pursuant to this Act, or by or pursuant to the Acts referred to in Article 13.1, second paragraph, if it is accompanied by data originating from a natural person, legal person or institution that has acted contrary to Article 11.2, third paragraph; oh b. to comply with an obligation applicable by or pursuant to this Act, or pursuant to or pursuant to the Acts referred to in Article 13.1, second paragraph, no information is provided that originates from a natural person, legal entity or institution that has acted in violation of Article 11.2. , third paragraph. • Chapter 12. Reporting, registration and measurement obligations Title 12.1. Registers protected areas Article 12.1 [Repealed on 01-07-2009] Article 12.2 [Repealed as of 30-06-2005] Article 12.3 [Repealed per 30-06-2005] Article 12.4 [Repealed on 01-07-2009] Article 12.5 [Repealed on 01-07-2009] Article 12.6 [Repealed on 01-07-2009] Article 12.7 [Repealed on 01-07-2009] Article 12.8 [Repealed on 01-07-2009] Article 12.9 [Repealed on 01-07-2009] Article 12.10 o 1. Our Minister, Our Minister of Transport, Public Works and Water Management, Our Minister of Agriculture, Nature and Food Quality, provincial authorities, municipal authorities as well as administrators as referred to in Article 1.1 of the Water Act, shall ensure that, in accordance with Article 6 of the Machine Translated by Google Water Framework Directive one or more registers are kept of the protected areas referred to in Annex IV of the Water Framework Directive, insofar as those areas are under their control. o 2. Rules may be laid down by or pursuant to an order in council regarding the registers. In derogation from the first paragraph, provision may also be made for the possibility that the registration of protected areas is done by provincial authorities or Our ministers referred to in the first paragraph, also in the case of areas that are managed by other administrative bodies. Title 12.2. Registration data external safety facilities, transport routes and pipelines Article 12.11 o 1. In this title and the provisions based on it, the following definitions apply: ÿ a. competent authority: ÿ 1°. administrative body authorized to grant an environmental permit for an establishment; ÿ 2°. administrative body to which, pursuant to Article 8.41, second paragraph, under a, a notification is sent; ÿ 3°. Our Minister insofar as the authority to licensing relates to establishments as referred to in Article 15, under b, of the Nuclear Energy Act; ÿ 4°. Our Minister of Transport, Public Works and Water Management for public roads and waterways insofar as these are managed by the State and for main railways designated pursuant to Article 2 of the Railways Act; ÿ 5°. provincial executive for public roads and waterways insofar as these are administered by the province; ÿ 6°. mayor and aldermen for public roads and waterways insofar as they are managed by the municipality; ÿ 7°. day-to-day management of the water board for public roads and waterways insofar as these are managed by the water board; ÿ 8°. Our Minister for pipelines insofar as they are managed by or on behalf of the State and for pipelines for which a concession has been granted by the State; ÿ 9°. Our Minister of Economic Affairs for installations to which the Mining Act applies; b . Hazardous Substances: ÿ 1°. insofar as it concerns installations and pipelines: substances that belong to one or more of the categories referred to in Article 9.2.3.1, second paragraph, as well as fissile materials and radioactive materials as referred to in Article 1 of the Nuclear Energy Act; ÿ 2°. insofar as it concerns transport routes: substances that have been designated as dangerous pursuant to the Transport of Dangerous Goods Act; ÿ c. transport route: public road, main railway or waterway designated pursuant to Article 2 of the Railways Act; Machine Translated by Google d . pipeline: fixed pipeline through which dangerous substances are transported and which is not part of an establishment; ÿ e. external safety: safety outside establishments where dangerous substances are present or may be present pursuant to an environmental permit and safety outside transport routes and pipelines over or through which dangerous substances are transported, insofar as that safety can be influenced by an accident involving dangerous substances. o 2. Substances other than those referred to in subsection 1(b) may be designated by order in council which, insofar as they concern installations and pipelines, are regarded as hazardous substances for the purposes of this title and the provisions based thereon. Article 12.12 o 1. There is a public register that contains information about external security. o 2. The categories of establishments, transport routes and pipelines are designated by or pursuant to an order in council, or also the cases for which the register contains information regarding external safety. o 3. The register is managed by RIVM. o 4. Rules are laid down by or pursuant to an order in council with regard to the data entered in the register by RIVM. o 5. By or pursuant to the measure referred to in the fourth paragraph, rules are laid down regarding the form, organization and accessibility of the register and the manner in which the register is maintained. Article 12.13 o 1. The competent authority is obliged to provide information about external safety to RIVM, as well as the changes that occur in this information. o 2. Rules are laid down by or pursuant to an order in council with regard to the information to be provided. Insofar as these rules relate to data in connection with the transport of hazardous substances over a transport route, these rules are drawn up in agreement with Our Minister of Transport, Public Works and Water Management. o 3. Rules shall be laid down by order in council regarding the time at which the information referred to in subsection 1 must be provided. o 4. Rules may be laid down by ministerial regulation regarding the way in which the data is provided to RIVM by the competent authority. Article 12.14 o 1. The person who operates an establishment where hazardous substances are present, the person who uses a pipeline for the transport of dangerous substances or the person to whom a concession for that pipeline has been granted shall, at the request of the competent authority, provide the data required for the implementation of Article 12.13, first paragraph, and shall conduct the the data required calculations. Machine Translated by Google o 2. The first paragraph applies mutatis mutandis to those who offer dangerous substances for transport and to those who have been granted a concession for the management of the main railway infrastructure insofar as the main railway is used for the transport of dangerous substances, on the understanding that no data need to be provided insofar as calculations have to be carried out for the creation of the data. o 3. The first and second paragraphs do not apply insofar as the data has already been obtained by the competent authority or can be obtained by the competent authority on the basis of the fifth paragraph. o 4. Until, at the request of the competent authority, pursuant to subsection 1, the information provided also includes the calculations on which the information to be provided is based. o 5. An administrative body that has information required for the implementation of Article 12.13, paragraph 1, shall provide that information at the request of the competent authority. o 6. The provision of data, referred to in the first paragraph, has no relates to the performance of new calculations in connection with the adoption of decisions pursuant to the Spatial Planning Act that relate to the area that is important for external safety, if calculations pursuant to the first paragraph have already been provided to the competent authority , or otherwise available to that authority. o 7. The request to provide information is made in writing and states a maximum period of three months within which the request must be complied with. o 8. Rules may be laid down by ministerial order with regard to the information to be provided on the basis of subsections 1 and 2 and the manner in which these are provided to the competent authority. Insofar as these rules relate to the transport of hazardous substances over a transport route, these rules are drawn up in accordance with Our Minister of Transport, Public Works and Water Management. Article 12.15 o 1. RIVM makes the data provided by the competent authority suitable for display in the register as soon as possible, but no later than 8 weeks after receipt. o 2. RIVM makes the data provided by the competent authority in the register is not accessible to everyone until after the competent authority has approved the representation proposed by RIVM. The competent authority will decide on this within four weeks of receipt of the proposed representation. Before agreeing to the proposed presentation, the competent authority will send at least two weeks before approval to the person who operates the establishment where dangerous substances are present, or the person who uses a pipeline for the transport of dangerous substances, or the person to whom a concession is made. for that pipeline, a copy of the proposed representation. Article 12.16 o 1. On request, RIVM will provide a copy of the data on external safety included in the register. Machine Translated by Google o 2. Rules may be laid down by ministerial regulation with regard to the form and manner of the provision by RIVM of the data referred to in the first paragraph. o 3. Rules may be laid down by order in council with regard to fees to be charged for the production of copies of data entered in the register upon request. The compensation does not exceed the actual costs. Article 12.17 o 1. A request to correct an error in the registry contains the reasons for that request and, if possible, the changes to be made. The request is addressed to the competent authority. o 2. No later than eight weeks after the day of receipt of a request if referred to in the first paragraph, the competent authority will decide on the request. The competent authority shall communicate its decision to the applicant and to the person who operates the relevant establishment or the person who uses the relevant pipeline or the person to whom a concession has been granted for that pipeline to which the request for repair of an error relates. o 3. The decision of the competent authority to rectify an error is subject to Article 12.13 applies mutatis mutandis. Title 12.3. The EC Regulation PRTR and the PRTR Protocol § 12.3.1. General Article 12.18 In this title and the provisions based on it: PRTR: register on the emission and transfer of polluting substances as referred to in Article 12.25, first paragraph; PRTR Protocol: Protocol concluded in Kiev on 21 May 2003 on Pollutant Release and Transfer Registers, with Annexes (Trb. 2003, 153, and Trb. 2007, 95); PRTR report: report as referred to in Article 12.20, first paragraph; reporting year: calendar year for which a PRTR report must be drawn up pursuant to Article 5(1) of the EC PRTR Regulation or Article 12.20a(1). § 12.3.2. Reporting by institutions Article 12.19 o 1. This title applies to establishments in which one or more of the in activities listed in Annex I to the EC Regulation PRTR are carried out Machine Translated by Google to an extent exceeding the applicable capacity threshold under that Annex. o 2. Establishments as referred to in the first paragraph also include establishments within the Dutch exclusive economic zone. Article 12.20 o 1. If the person who operates an establishment, pursuant to Article 5, first paragraph, of the EC Regulation PRTR is obliged to report with regard to a calendar year, he shall send the reporting year by 31 March of the calendar year following the reporting year at the latest, pursuant to Article 12.21 competent authority electronically submit a report containing the data referred to in Article 5, first and second paragraph, of the EC Regulation PRTR. o 2. The PRTR report meets the quality requirements referred to in Article 9, second paragraph, of the EC PRTR Regulation. o 3. The first reporting year is 2007. Article 12.20a o 1. Information other than the information referred to in Article 5, paragraph 1, of the EC PRTR Regulation may be designated by or pursuant to an order in council, which must be included in the PRTR report. Data as referred to in the first sentence are exclusively data regarding the adverse effects on the environment caused by the establishment in the reporting year and which are reasonably necessary. in front of: ÿ the fulfillment by the administrative authority that is authorized to grant an environmental permit or a permit pursuant to Article 6.2, first paragraph, of the Water Act for the establishment concerned, of the provisions in Article 18.2 of this Act, Article 5.2 of the General Provisions Act, respectively environmental law and Article 8.1 of the Water Act, b . the adoption by those governing bodies or other administrative bodies to implement environmental policy and to monitor the progress of the implementation of that policy, or ÿ c. the implementation of a treaty binding on the Netherlands or a decision of an organization under international law that is binding on the Netherlands. o 2. Articles 5, second to fifth inclusive, and 9, first and second paragraph, of the EC Regulation PRTR and article 12.20, first paragraph, apply mutatis mutandis to the data designated pursuant to the first paragraph. Article 12.20b The person who operates the establishment shall send a copy of this electronically to Our Minister simultaneously with the PRTR report being sent to the competent authority pursuant to Article 12.21. Article 12.21 Machine Translated by Google o 1. The competent authority as referred to in Article 2, subsection 2, of the EC Regulation PRTR and pursuant to this title, is the administrative body that is competent for the establishment to issue an environmental permit or a permit as referred to in Article 6.2, paragraph 1, of the Water Act, or, if the Mining Act applies to the establishment, Our Minister of Economic Affairs. o 2. Notwithstanding the first paragraph, Our Minister of Agriculture, Nature and Food Quality is designated as the competent authority for establishments where activities are carried out as referred to in Annex I, number 7, under a, to the EC Regulation PRTR. Article 12.22 The quality assessment of the PRTR report, as referred to in Article 9, second paragraph, of the EC PRTR Regulation, takes place no later than 30 June of the calendar year following the reporting year. Article 12.23 o 1. The competent authority pursuant to Article 12.21 may declare no later than 30 June of the calendar year following the reporting year that a PRTR report does not comply with the PRTR Regulations referred to in Article 5, first or second paragraph, of the EC Regulation, the pursuant to Article 12.20a, first paragraph, of this Act or whether the requirements laid down in Article 9, second paragraph, of the EC Regulation PRTR have been drawn up or not with due observance of the provisions of Article 5, third or fourth paragraph, of the EC Regulation PRTR or the requirements set pursuant to Article 12.29, opening words and under a to c. o 2. The competent authority may issue the certificate referred to in the first paragraph adjourn the statement for a maximum of three months. The person who operates the establishment concerned shall be notified in writing of the adjournment no later than the time referred to in the first paragraph. o 3. The competent authority may, after the time referred to in the first paragraph, or, if the second paragraph has been applied, after the time determined pursuant to the second paragraph, declare as yet that the PRTR report does not meet the requirements referred to in the first paragraph, if: ÿ a. the report contains incorrect or incomplete information or b . the report was otherwise incorrect, and whoever has the report submitted, knew or should have known. o 4. The authority referred to in the third paragraph lapses five years after the expiry of the year under review. o 5. In cases where a PRTR report has not been submitted on time, the first paragraph applies mutatis mutandis, on the understanding that the statement implies that no PRTR report has been submitted and that instead of 30 June, the following is read: 30 September. The second paragraph does not apply. Article 12.24 o 1. The competent authorities pursuant to Article 12.21 shall provide the data referred to in Articles 12.20, first paragraph, and 12.20a, first paragraph, of which, in accordance with Article 9, second paragraph, of the EC Regulation PRTR Machine Translated by Google quality, to Our Minister. The provision takes place in electronic form at the latest on 30 September of the calendar year following the reporting year. o 2. The first paragraph does not apply: ÿ a. to data included in a PRTR report in respect of which a statement as referred to in Article 12.23, first paragraph, has been issued, and b . if a statement as referred to in Article 12.23, paragraph 5, is handed in, in which cases the competent authority shall notify Our Minister by the time referred to in subsection 1 at the latest that a statement as referred to under a or b has been issued, respectively. o 3. At the request of the person who operates the establishment, or ex officio, the competent authority may determine that certain information included in a PRTR report shall not be provided to Our Minister. Article 10 of the Government Information (Public Access) Act applies mutatis mutandis. A request as referred to in the first sentence must be submitted simultaneously with the PRTR report being sent, but no later than 31 March of the calendar year following the reporting year. An ex officio determination as referred to in the first sentence will take place no later than 30 September of the calendar year following the reporting year. o 4. If the third paragraph has been applied, the competent authority shall notify Our Minister no later than the time specified in the first paragraph, second sentence: ÿ a. what type of information has been kept secret; b . on what grounds the confidentiality has been decided. o 5. Contrary to the first paragraph, information in respect of which a request as referred to in the third paragraph has been rejected, will not be provided until after the relevant decision has taken effect pursuant to Article 20.3. Article 20.5, first paragraph, does not apply. o 6. Notwithstanding the second paragraph, statements as referred to in Article 12.23 not reported before the relevant decision has come into effect pursuant to Article 20.3. Article 20.5, first paragraph, does not apply. § 12.3.3. PRTR Article 12.25 o 1. There is a register containing data on the emission and transfer of pollutants. o 2. The PRTR is electronically accessible to everyone. o 3. The PRTR is administered by Our Minister. o 4. Rules may be laid down by ministerial regulation regarding the form and the layout of the PRTR. Article 12.26 o 1. The PRTR contains the information provided to Our Minister by the competent authorities pursuant to Article 12.21 in accordance with Article 12.24, paragraph 1. Machine Translated by Google data as well as the statements reported to Our Minister in accordance with Article 12.24, second paragraph. o 2. The PRTR also contains data on emissions from diffuse sources as referred to in Article 2, ninth paragraph, of the PRTR protocol, insofar as these data are available with Our Minister, the data has a sufficient degree of spatial detail and the inclusion of that data in the PRTR is possible in a practical sense. If data on emissions from diffuse sources are included in the PRTR, it shall also be indicated by which method the data was collected. o 3. If a competent authority has not provided Our Minister with certain information pursuant to Article 12.24, third paragraph, the PRTR indicated: ÿ a. what type of information has been kept secret; b . on what grounds the confidentiality has been decided. Article 12.27 o 1. Our Minister shall publish the data referred to in Article 12.26 per reporting year via the PRTR at the latest on 31 March of the second calendar year following the reporting year. o 2. Notwithstanding the first paragraph, the publication with regard to the 2007 reporting year will take place no later than 30 June 2009. Article 12.28 Our Minister is charged with the implementation of Article 7, second paragraph, of the EC PRTR Regulation. § 12.3.4. Additional reporting obligations Article 12.28a It shall be determined by or pursuant to order in council to what extent an administrative authority as referred to in Article 12.20a, first paragraph, under a, can attach conditions to the permit, which include the obligation to provide information other than the information in Article 5, first paragraph, of the EC Regulation PRTR and designate the data designated pursuant to Article 12.20a, paragraph 1, to be included in the PRTR report. The following are exclusively regarded as other data as referred to in the first sentence: o a. regarding the local adverse effects on the environment caused by the establishment in the reporting year, and oh b. reasonably necessary for the performance by the governing body of the task referred to in Article 12.20a, first paragraph, under a. § 12.3.5. Final provisions Article 12.29 In the interest of the proper functioning of the PRTR and for the implementation of the EC Regulation PRTR, rules may be laid down by or pursuant to an order in council with regard to: Machine Translated by Google o a. the method used for data collection, as referred to in Article 5, fifth paragraph of the EC Regulation PRTR; oh b. the frequency of information gathering, as referred to in Article 5, third paragraph, of the EC PRTR Regulation; o c. the way in which a PRTR report should be prepared and the content of such a report; o.d. _ the confidentiality of data, as referred to in Articles 12.24, paragraphs 3 and 4, and 12.26, paragraph 3; oh . the manner in which the quality assessment of a PRTR report, as referred to in Article 9, second paragraph, of the EC PRTR Regulation, must be carried out, or o f. the information that may be used to determine whether an establishment is obliged to report under Article 12.20(1) or Article 12.20a(1). Article 12.30 It is prohibited to act in violation of Article 5 of the EC Regulation PRTR. Title 12.4. Registration of data on fuels and electricity from renewable sources for transport Article 12.31 o 1. There is a register that contains the data referred to by or pursuant to an order in council about fuels and electricity from renewable sources to be used in the Netherlands for transport, which belong to a category designated by that order. o 2. The register contains in any case by companies that use fuels for to be made available to another person for the purpose of transport and belong to an account to be opened by the order in council referred to in the first paragraph. This measure may lay down rules regarding the opening of accounts by other companies on a voluntary basis. o 3. The registry is managed by the emissions authority. o 4. The companies referred to in the second paragraph provide the data referred to in the first paragraph and manage the accounts referred to in the second paragraph in accordance with rules laid down by ministerial regulation. o 5. Rules may be laid down by ministerial order regarding: ÿ a. the operation, organisation, availability and security of the register, and b . opening, maintaining and closing accounts as referred to in the second member. Article 12.32 o 1. It may be determined by ministerial regulation that fees are due for opening, maintaining and closing accounts as referred to in Article 12.31, second paragraph, in accordance with rules to be laid down in that regulation. o 2. In the scheme referred to in the first paragraph: Machine Translated by Google ÿ a. the amount of the fee is determined, which is not higher than is necessary to cover the costs to be borne by the emissions authority for performing the activities for which the fee is due, and b . rules are laid down regarding the way in which the compensation is paid. Article 12.33 o 1. The emissions authority shall publish an overview every year in which, for categories of companies to be designated by ministerial regulation as referred to in Article 12.31, second paragraph, per company the nature, origin and sustainability aspects of the other fuels from renewable sources made available for use in the Netherlands are included. Article 10 of the Government Information (Public Access) Act applies mutatis mutandis. o 2. Further rules will be laid down by ministerial order regarding the content and manner of publication of the overview referred to in the first paragraph. • Chapter 13. Licensing and Exemption Procedures Section 13.1. General Article 13.1 o 1. In the application of Section 3.4 of the General Administrative Law Act to the preparation of decisions pursuant to the laws or statutory provisions referred to in the second paragraph, Section 13.2 shall be observed, insofar as this is provided for by or pursuant to the law concerned. o 2. The laws or statutory provisions referred to in the first paragraph are: the Mining Act, Chapter VIIa of the Animal Health and Welfare Act, the Nuclear Energy Act, the Noise Pollution Act, the Air Pollution Act, the Soil Protection Act, the Excavation Act, the Antarctic Protection Act, the Water Act, the General Provisions Environmental Law Act. Machine Translated by Google Section 13.2. Exceptional provisions Article 13.2 If an environmental impact statement has to be drawn up during the preparation of the decision on the application for a permit or an exemption, this application will be notified. Articles 3:11, 3:12, first and second paragraph, and third paragraph, under a, and 3:14 of the General Administrative Law Act and Articles 13.4 and 13.6 apply mutatis mutandis to that notification. Article 13.3 Opinions as referred to in Article 3:15 of the General Administrative Law Act may be be put forward by everyone. Article 13.4 If the application for a permit or exemption relates to an establishment or work, the deposit referred to in Section 3:13, subsection 1 of the General Administrative Law Act shall in any case be made at the secretariat of the municipality in which the establishment or work is located. will be located wholly or mainly. Article 13.5 [Repealed on 01-07-2005] Article 13.6 If the applicant has requested this, the competent authority will give him the opportunity to inspect those documents with a view to the application of Articles 19.3 to 19.5, before submitting documents that have not been submitted for inspection. The documents referred to in the first sentence do not include the reports prepared in accordance with Section 3:17, subsection 2, of the General Administrative Law Act, and copies of views submitted by parties other than the administrative authorities involved in accordance with Section 3:15 of that Act. Article 10 of the Government Information (Public Access) Act does not apply. Article 13.7 [Repealed on 28-12-2009] Article 13.8 o 1. If Article 31, fourth paragraph, of the Services Act applies to the preparation of the decision on one or more of the applications that are dealt with in coordination with other applications, that paragraph applies to the preparation of all decisions on that to request. o 2. If the term for making a decision on an application is extended in accordance with Section 31(4) of the Services Act or Section 3:18(2) of the General Administrative Law Act, that term also applies to the decision on other applications with which the application is dealt with in a coordinated manner. Article 13.9 Machine Translated by Google If a decision on an application for a permit or exemption or a decision to amend it cannot be made until an obligation arising from a treaty binding on the Netherlands or a decision of an international organization binding on the Netherlands has been complied with, the term for the making of that decision is suspended until the procedure applicable to that obligation has been completed. Article 13.10 In cases in which Our Minister is authorized to grant a permit or dispensation, he may, in agreement with Our Minister concerned, waive the application of Section 3.4 and Section 3:44 of the General Administrative Law Act in whole or in part in the interests of the security of the State. insofar as that interest so requires. Article 13.11 The competent authority may determine that Section 3.4 of the General Administrative Law Act shall not apply to the preparation of the decision on an application for a permit or exemption or of a decision to amend it, if that decision: o a. relates to the management of hazardous waste materials, which management is necessary in the short term due to an unusual circumstance; oh b. relates to the management of non-hazardous waste the management of which is necessary in the short term due to an unusual circumstance and in connection with the quantity in which these waste materials are released; o c. serves to implement an obligation imposed pursuant to Article 17.4 Section 13.3. Category A waste facilities with possible transboundary environmental consequences Article 13.12 If the application for an environmental permit relates to a category A waste facility that can have significant adverse effects on the environment in another country, and the decision to be taken on that application is discussed with administrative authorities in the other country concerned, these consultations will be held. stated in the notification. Article 13.13 o 1. If the application for an environmental permit relates to a category A waste facility, which is located in another country and which may have significant adverse effects on the environment in the Netherlands, the application and the related documents will be submitted by the Provincial Executive of made available for inspection in the province within which the said consequences may occur. o 2. Section 3:12(3), under a, b and c, of the General Administrative Law Act applies mutatis mutandis. • Chapter 14. Coordination Machine Translated by Google § 14.1. Coordination of applications for a decision Article 14.1 o 1. In the event that applications have been made for the benefit of the same establishment for related decisions, and Section 3.4 of the General Administrative Law Act applies to the preparation of at least one of these, the Provincial Executive of the province where that establishment is is or will be located wholly or mainly, if at least one of those applications is addressed to them, promote a coordinated handling of those applications. o 2. The Provincial Executive is obliged to deal with to promote applications as referred to in the preamble of subsection 1, if they are addressed to different administrative bodies, if one of those bodies or the applicant or one of the applicants so requests. o 3. The Provincial Executive is furthermore obliged at the request of the person who intends to submit one or more applications as referred to in the preamble of the first paragraph, if those applications are to be addressed to different administrative bodies, to promote a coordinated preparation of those applications. o 4. The obligations referred to in the second and third paragraphs apply, insofar as it concerns applications for decisions to the preparation of which Section 3.4 of the General Administrative Law Act does not apply, only in so far as compliance with these is possible in connection with the legal regulations governing the preparation of those decisions. o 5. If the Provincial Executive applies the first, second or third paragraph, they shall immediately inform the applicants and each of the other administrative bodies to which one or more of the applications may be addressed in writing. Article 14.2 o 1. With regard to applications as referred to in the preamble of Article 14.1, first paragraph, which are submitted within a period of six weeks, the Provincial Executive may, if at least one of those applications is addressed to them, determine that the date of receipt of such applications shall be the date on which the last of them is received. If the draft decision on an application has already been sent in accordance with Section 3:13(1) of the General Administrative Law Act, the first sentence with regard to that application shall not apply. o 2. The Provincial Executive is obliged to make a provision as referred to in the first paragraph with regard to applications as referred to in paragraph 1 if another administrative body to which one or more of the applications is addressed, or the applicant or one of the applicants so requests. A request is submitted in writing to the Provincial Executive. o 3. If the Provincial Executive applies the first or second paragraph, they shall immediately inform the applicants and each of the other administrative bodies to which one or more of the applications may have been addressed, stating the date on which the last application was received. . Article 14.3 Machine Translated by Google o 1. Promote coordinated processing of applications In any event, the provincial executive that, when assessing the applications by the various administrative bodies that are authorized to decide on them, account is taken of the mutual coherence between the applications concerned and that those bodies also pay attention to the coherence between the decisions that given on applications. o 2. In addition, they will at least ensure that as much as possible: ÿ a. with regard to the drafts of the decisions concerned, joint application is made to Articles 3:11, first paragraph, and 3:12 of the General Administrative Law Act and Article 13.4; b . the opportunity to verbally present opinions in accordance with Article 3:15 of the General Administrative Law Act are given with regard to the joint drafts of the relevant decisions; ÿ c. the relevant decisions are jointly announced in accordance with Section 3:44 of the General Administrative Law Act. Article 14.4 The Provincial Executive may demand the cooperation required for the success of the coordination from the administrative bodies that are competent to decide on the applications for which the coordination referred to in Article 14.1 extends, as well as from the advisers involved in the decisions on those applications. Those administrative bodies and advisers are obliged to provide the cooperation required from them. § 14.2. Coordination in preparing an environmental impact statement Article 14.4a In this paragraph, an activity, plan or decision is understood to mean an activity, plan or decision as referred to in Article 7.1. Article 14.4b In the event that a decision and a plan are prepared simultaneously for an activity and that plan is prepared solely with a view to incorporating that activity into that plan, one environmental impact statement is drawn up in preparation for that decision and that plan. The report is prepared in accordance with paragraphs 7.8 and 7.9 and 7.10 respectively. Article 14.4c o 1. In the event that more than one plan has been designated for an activity, or for several related activities, for the preparation of which an environmental impact statement must be drawn up on the basis of the provisions of or pursuant to this Act, in preparation of that plans made one environmental impact statement. o 2. Apart from the cases referred to in the first paragraph, in the case of an activity or of several related activities, more than one plan must be drawn up, the preparation of which is based on the law determined a Machine Translated by Google environmental impact statement must be drawn up, it is decided by the administrative bodies responsible for adopting those plans that one environmental impact statement is drawn up in preparation for those plans. Article 14.5 o 1. In the event that more than one decree has been designated with regard to an activity, or with regard to several related activities, in the preparation of which an environmental impact statement must be drawn up on the basis of the provisions of or pursuant to this Act and in the preparation to which Section 3.4 of the General Administrative Law Act applies, one environmental impact statement is drawn up in preparation for those decisions, in accordance with Section 7.8. o 2. Apart from the cases referred to in the first paragraph, more than one decision may have to be taken with regard to an activity or with regard to several related activities, in the preparation of which on the basis of the an environmental impact statement must be drawn up pursuant to this Act, it is decided that one environmental impact statement will be drawn up in preparation for those decisions, with application of section 7.9. o 3. A decision pursuant to the second paragraph is taken: ÿ a. if the power to take the decisions referred to in subsection 2 rests with one administrative authority: by that authority; b . if those decisions are taken on application pursuant to a statutory provision and the applications concerned can be prepared or handled in a coordinated manner pursuant to Article 14.1: by the Provincial Executive of the province concerned; ÿ c. in other cases: by the administrative bodies authorized to take the decisions concerned, jointly. o 4. A decision pursuant to the second paragraph may be taken ex officio or upon request. In cases as referred to in the third paragraph, under b, the decision can only be taken on request if the Provincial Executive is not authorized to take one of the decisions involved. Article 14.6 o 1. The person who undertakes an activity in a case as referred to in Article 14.5, may simultaneously with a notification as referred to in Article 7.24, first paragraph, or in Article 7.27, first paragraph, request that Article 14.5, second paragraph, be applied. o 2. In cases as referred to in Article 14.5, third paragraph, under b and c, a such a request can also be made by an administrative authority that is authorized to take a decision as referred to in the second paragraph of that article. It shall be submitted no later than two weeks after the day on which the notification pursuant to Article 7.24, first paragraph, or Article 7.27, first paragraph, has taken place with regard to the environmental impact statement. o 3. The request - in which all decisions to which it relates are stated - is submitted in writing to the body that has to decide on it. In a case as referred to in Article 14.5, paragraph 3, under c, the request shall be submitted to one of the competent administrative authorities; that institution shall forward it without delay to the other competent institutions. Machine Translated by Google Article 14.7 o 1. A request will be granted, unless it is in the interest of a good decision-making against it. o 2. A decision will not be taken on a request until the person undertaking the activity concerned and the administrative authorities authorized to take the decisions concerned have been given the opportunity to express their views on the matter. o 3. The decision on the request will be taken no later than four weeks after the date of receipt. Article 14.8 In cases as referred to in Article 14.5, paragraph 3, under c , the will be made at the decision , request from the competent administrative authorities shall designate the body charged with the coordination referred to in Article 14.9, paragraph 1. Article 14.9 o 1. If, pursuant to Article 14.5, paragraph 1, an environmental impact statement is required are drawn up or, in accordance with Article 14.5, second paragraph, it has been decided to draw up one environmental impact statement, that report shall be prepared and processed in a coordinated manner. o 2. The coordination is responsible for: ÿ a. if the power to take the relevant decisions rests with one administrative body: that body; b . if those decisions are taken on application pursuant to a statutory provision and the applications concerned can be prepared or handled in a coordinated manner pursuant to Article 14.1: the Provincial Executive of the province concerned; ÿ c. in other cases: the administrative body designated for that purpose pursuant to Article 14.8. Article 14.10 o 1. The body charged with coordination shall ensure that, when giving the advice referred to in Article 7.26 and Article 7.27, paragraph 7, respectively, account is taken of the interrelationship between those advices and that when taking decisions in the preparation of which the environmental impact statement is drawn up, the interdependence between those decisions is taken into account. o 2. The body entrusted with the coordination will in any case contribute as many possibly make sure that: ÿ a. of the notifications of the intention to submit an application as referred to in Article 7.24 or Article 7.27, first paragraph, as well as of the understanding by the competent authority of the intention, as referred to in Article 7.27, second paragraph, jointly in accordance with Article 7.27, third paragraph, is notified; b . the advice to be given pursuant to Article 7.26 or Article 7.27, paragraph 7, respectively, is jointly sent to the party preparing the environmental impact statement; Machine Translated by Google ÿ c. the environmental impact statement is sent to each of the competent bodies, to the advisers and to the administrative bodies referred to in Section 7.25 and Section 7.27, subsection 2, respectively; d . of the environmental impact statement in accordance with Article 7.29 or 7.30 is notified; ÿ e. otherwise, Article 7.32 is applied. o 3. Article 14.4 applies mutatis mutandis. Article 14.11 o 1. In cases where a body is charged with coordinating the preparation and processing of an environmental impact statement: ÿ a. can the report be submitted to that body; b . the advisers and the administrative bodies referred to in Article 7.25 and Article 7.27, paragraph 2, respectively, and the Environmental Impact Assessment Committee may submit their advice on the provision of advice on the content of the report and on the report to that body; ÿ c. the person making use of the opportunity provided in Section 3:15(1) of the General Administrative Law Act in conjunction with Section 7.32 to put forward his point of view on the report may present that point of view to that body. o 2. If documents with a content as referred to in the first paragraph are submitted or submitted to another competent authority, it shall immediately send it to the body charged with coordination. Article 14.12 o 1. In the event that a decision has been made with regard to an activity, the preparation for which an environmental impact statement must be drawn up pursuant to the provisions of or pursuant to this Act, and one or more decisions must be taken with regard to that activity in respect of which Article 14.1 cannot be applied, at the request of the person undertaking the activity , or ex officio, a coordinated preparation of these decisions may be taken. o 2. A decision pursuant to the first paragraph is taken: ÿ a. if the power to take the decisions referred to in subsection 1 rests with one administrative authority: by that authority; b . in other cases: by the administrative bodies authorized to take the decisions concerned, jointly. Article 14.13 o 1. A request as referred to in Article 14.12, first paragraph, must be submitted in writing to the competent authority at the same time as the notification referred to in Article 7.24 and Article 7.27, first paragraph, respectively. The request shall state all decisions to which it relates. o 2. The competent authority will immediately send a copy of the request to the other competent bodies. Machine Translated by Google o 3. A request as referred to in Article 14.12, first paragraph, will only be granted if the competent authority and the other competent bodies agree. Article 14.7, paragraphs 2 and 3, shall apply mutatis mutandis. Article 14.14 o 1. If a request as referred to in Article 14.12(1) is granted, the body authorized to take the decision for the preparation of which the environmental impact statement must be drawn up will act as the body charged with coordination. The other bodies involved are regarded as advisers with regard to the application of Articles 7.24 to 7.26 and Article 7.27, respectively. o 2. If more than one decision has to be taken with regard to the activity to which the request relates, in the preparation of which an environmental impact statement must be drawn up on the basis of the provisions laid down by or pursuant to this Act, the decision on the request will be the body charged with coordination has been designated from among the administrative bodies authorized to take such decisions. o 3. The body in charge of coordination carries at least as many of them possibly make sure that: ÿ a. when giving the advice referred to in Article 7.26 and Article 7.27, paragraph 7, respectively, account is taken of the interdependence of the decisions to which the request relates; b . timely consultations are held between the competent administrative authorities, in order to promote the best possible coordination between the decisions to be taken. o 4. Article 14.4 applies mutatis mutandis. Article 14.15 Article 7.32, fourth paragraph, applies mutatis mutandis with regard to the period within which the relevant decisions must be taken. Article 14.16 Further rules may be laid down by order in council with regard to the tasks of the body charged with coordination. • Chapter 15. Financial provisions Title 15.1 Article 15.1 [Repealed as of 01-01-1998] Article 15.2 [Repealed as of 01-01-1998] Title 15.2. Fuel consumption taxes Machine Translated by Google § 15.2.1. Basis and standard Article 15.3 [Repealed on 01-01-1995] Article 15.4 [Repealed on 01-01-1995] § 15.2.2. Taxpayers Article 15.5 [Repealed on 01-01-1995] Article 15.6 [Repealed on 01-01-1993] § 15.2.3. Exemption Article 15.7 [Repealed on 01-01-1993] § 15.2.4. Refund scheme Article 15.8 [Repealed on 01-01-1995] § 15.2.5. Rate Article 15.9 [Repealed on 01-01-1995] § 15.2.6. levy and collection Article 15.10 [Repealed on 01-01-1995] Article 15.11 [Repealed on 01-01-1995] Title 15.3. Regulations regarding the provision of subsidies Article 15.12 By way of derogation from Section 4:21(3) of the General Administrative Law Act, Title 4.2 of the General Administrative Law Act applies to subsidies that are granted pursuant to this title exclusively to legal entities established pursuant to public law. Article 15.13 o 1. Our Minister may grant a subsidy for activities in the field of environmental management designated by or pursuant to an order in council or by ministerial regulation. o 2. By or pursuant to an order in council or by ministerial regulation rules can in any case be laid down regarding: ÿ a. criteria for the provision; b . the period for which the subsidy is granted; ÿ c. the conditions under which the subsidy is granted; d . the application for a subsidy and the decision-making thereof; ÿ e. the obligations for the subsidy recipient; ÿ f. the amount of the subsidy or the manner in which this is determined; ÿ g. the payment of the subsidy and the granting of advances. Machine Translated by Google o 3. Our Minister may set subsidy ceilings every year by ministerial regulation for the various activities for which subsidy can be provided. In doing so, he determines the manner in which the available amount is distributed. o 4. An application can be rejected and a decision containing the the provision of a subsidy under this Act may be withdrawn or amended insofar as the provision of a subsidy would conflict or conflict with obligations applicable to the state under a treaty. In the event of withdrawal or amendment, it may be determined that interest is owed on subsidies paid unduly. The withdrawal or amendment has retroactive effect up to and including the time at which the subsidy was provided, unless otherwise determined at the time of the withdrawal or amendment. Sections 4:49(3) and 4:57(4) of the General Administrative Law Act do not apply to the repeal or amendment. Article 15.14 o 1. The persons designated by Our Minister are authorized to request information from the applicant for a subsidy. Articles 5:13, 5:15, insofar as it concerns places used by the applicant, and 5:17 of the General Administrative Law Act apply mutatis mutandis. o 2. An application may be rejected if the applicant does not cooperates in the exercise of the powers referred to in the first paragraph. Article 15.15 o 1. The persons designated by decision of Our Minister are charged with supervising compliance with the obligations imposed on the subsidy recipient. o 2. The supervisor does not have the powers referred to in Articles 5:18 and 5:19 of the General Administrative Law Act. o 3. A decision as referred to in the first paragraph will be notified by publication in the Government Gazette. o 4. The subsidies granted pursuant to this Act are subject to the obligation that the subsidy recipient provides a supervisor with all the cooperation that it can reasonably require in the exercise of its powers. Article 15.16 [Repealed on 01-01-1998] Article 15.17 [Repealed on 01-01-1998] Article 15.18 [Repealed as of 01-12-1998] Article 15.19 [Repealed as of 01-12-1998] Title 15.4. Compensation of costs and damage Article 15.20 o 1. If the person to whom a decision is addressed pursuant to: Machine Translated by Google ÿ a. Article 9.2.2.1, first paragraph, in conjunction with Article 9.2.2.3, seventh paragraph, b . Articles 10.48 or 10.52 in conjunction with one or more of the items referred to under a provisions, ÿ c. Articles 13, first paragraph, under b, in conjunction with 16, fifth paragraph, or 43, first paragraph, of the Air Pollution Act, d . Articles 30 or 31 of the Soil Protection Act, as a result thereof, he is faced with costs or incurs damage, which should not reasonably or should not be fully borne by him, the authority that issued the decision in the first instance is aware of him, insofar as he does not receive reasonable compensation in any other way. is or can be provided, at his request or on his own initiative, a compensation to be determined in fairness. o 2. The first paragraph shall apply mutatis mutandis to a person who, as a result of a measure as referred to in Article 17.19, is faced with costs or suffers loss as a result of a measure as referred to in the first paragraph. o 3. If a decision as referred to in the first paragraph is requested a request for reimbursement may be made after a copy of the draft of that decision has been sent to the applicant. o 4. If the authority referred to in the first paragraph has obtained an expert opinion about a request for compensation or about the intention to grant it on its own initiative, it will send a copy of the advice to the interested party. It shall also state the term within which the interested party can make known its views on the advice. o 5. A decision on a request for compensation will be made as soon as possible, but no later than four months after the date on which the request was received, or, in cases as referred to in the fourth paragraph, no later than seven months after that date. o 6. The authority referred to in subsection 1 may adjourn the decision referred to in subsection 5 once for a maximum of two months. Notice of the adjournment will be given in writing. Article 15.21 o 1. Article 15.20 applies mutatis mutandis to those who are subject to provisions of an order in council, a ministerial regulation or a regulation as referred to in ÿ a. Article 1.2 of this Act, b . Articles 9.2.2.1 and 9.2.2.6, ÿ c. Article 9.5.2, first paragraph, d . Articles 6 to 11 of the Soil Protection Act, apply and who, as a result, finds himself incurring costs or incurring damage, which should not reasonably or should not be fully borne by him. o 2. In cases as referred to in the first paragraph, Our Minister shall decide on the awarding the compensation, except in cases as referred to in the first paragraph, under a. In those cases, the Provincial Executive decides. Machine Translated by Google Article 15.22 o 1. Insofar as the payment has not been made with with the consent of Our Minister, the costs thereof shall be borne by the competent authority. o 2. Contrary to the first paragraph, in cases as referred to in Article 4.2, first paragraph, under a, d, f or h, of the General Provisions for Environmental Law Act, insofar as costs have been incurred in connection with the granting of compensation on account of the the provisions of a provincial environmental ordinance as referred to in Article 1.2, second paragraph, under a, become applicable and the award of compensation has not been made with the consent of the Provincial Executive, the costs thereof being borne by the competent authority. Article 15.23 o 1. It may be determined by Royal Decree, in response to a request to that effect from the competent authority, that the costs of an allowance awarded shall be borne in whole or in part by the State. o 2. Article 20 of the Council of State Act applies mutatis mutandis application. Title 15.5. Air Pollution Fund Article 15.24 [Repealed on 01-04-2008] Article 15.25 [Repealed on 01-04-2008] Article 15.26 [Repealed on 01-04-2008] Article 15.27 [Repealed on 01-04-2008] Article 15.28 [Repealed on 01-04-2008] Title 15.6. Regulatory Consumption Taxes Article 15.29 [Repealed on 01-01-1995] Article 15.30 [Repealed on 01-01-1995] Title 15.7. Inspections Article 15.31 Rules may be laid down by or pursuant to an order in council with regard to fees for inspections as referred to in a . article 9.2.2.4; oh b. Article 9.5.1, third paragraph, under e and f; o c. Article 15, second paragraph, of the Soil Protection Act. Title 15.8. Deposit, return premiums Machine Translated by Google Article 15.32 o 1. Rules may be laid down by order in council as referred to in Article 9.5.2, first paragraph, ÿ containing an obligation for categories of persons designated by the order who market substances, preparations or products in the Netherlands in packaging designated by the order, to charge a deposit for such packaging to be determined by or pursuant to the order and such packaging after use with refund of the deposit in to take; b . containing an obligation for designated by the measure categories of persons who place designated substances, preparations or products on the market in the Netherlands, to charge a deposit for such substances, preparations or products to be determined by or pursuant to the measure and to charge such substances, preparations or products after use with reimbursement of to take the deposit. o 2. Rules may be laid down by order in council as referred to in Article 9.5.2, first paragraph, ÿ containing an obligation for categories of persons designated by the order who market substances, preparations or products in the Netherlands in packaging designated by the order, to collect such packaging after use against payment of a premium to be determined by or pursuant to the order; to take; b . containing an obligation for designated by the measure categories of persons who place appropriate substances, preparations or products on the market in the Netherlands after use, against payment of a premium to be determined by or pursuant to the measure. to take. o 3. If the first or second paragraph is applied, it may be determined that actions indicated therein must be performed by categories of persons other than those referred to in the first and second paragraphs, designated by that order. In these cases, it may also be determined that categories of persons also designated by the order must pay the deposit referred to in the first paragraph, or the premium, referred to in the second paragraph, in whole or in part, in a manner indicated therein, to one or more persons. more appropriately designated other persons. o 4. If the first or second paragraph is applied, a period is determined, only on the expiry of which those rules with regard to substances, preparations or products that were already manufactured and present in the Netherlands when the measure came into effect , will apply. Title 15.9. Municipal and provincial levies Article 15.33 o 1. To defray the costs associated with the management of household waste, the municipal council may institute a levy to which those who, whether or not by virtue of a real or personal right, use a parcel of land with regard to Machine Translated by Google of which an obligation applies pursuant to Articles 10.21 and 10.22 to collect household waste. o 2. For the purposes of the first paragraph: ÿ a. use of a plot by the members of a household designated as use by the member of that household designated by the municipal official referred to in Article 231, second paragraph, under b, of the Municipalities Act; b . use by the person to whom part of a parcel is use has been given, regarded as use by the person who has put that part into use, on the understanding that the person who has put the part into use is authorized to recover the levy as such from the person to whom that part has been given use; ÿ c. making a parcel available for subsequent use designated as use by the person who made that parcel available, on the understanding that the person who made the parcel available is authorized to recover the levy as such from the person to whom the parcel is made available has been made available. o 3. The costs referred to in the first paragraph also include the turnover tax that entitles you to a contribution from the fund pursuant to the VAT Compensation Fund Act. o 4. Articles 216 to 219 and 230 to 257 of the Municipalities Act apply mutatis mutandis to these levies. Article 15.34 o 1. Insofar as costs are incurred in connection with the granting of compensation pursuant to Article 4.2, first paragraph, under a, d, f or h, of the General Provisions Environmental Law Act or Article 15.21, first paragraph, under a, of this Act, due to the application of provisions of a provincial environmental ordinance as referred to in Article 1.2, second paragraph, under a, the provincial councils may impose a levy on the abstraction of groundwater to cover those costs. o 2. The levy is levied on holders of establishments intended for the extraction of groundwater, not including establishments which serve exclusively to regulate the free water table or the hydraulic head of the groundwater. o 3. The regulation establishing the levy may provide that the a levy is levied on holders of establishments as referred to in the second paragraph in one or more protection areas as referred to in Chapter VI, paragraph 2, of the Soil Protection Act, or on holders of such establishments throughout the province. o 4. The amount of water withdrawn is the basis for the levy. o 5. A levy will be imposed within one year after the decision granting the compensation referred to in the first paragraph has taken effect pursuant to Article 20.3. o 6. The levy is levied annually for a maximum period of ten years. The regulation establishing the levy may provide that, at the request of the person liable to pay the levy, the levy for the years not yet commenced at the time of the submission of the application for which the levy is levied Machine Translated by Google is levied can be paid in one go according to a scheme to be laid down in the Regulation. o 7. Chapter XV of the Provinces Act applies mutatis mutandis. Title 15.9A. rights Article 15.34a No duties are levied with regard to decisions to grant, amend or withdraw a license or exemption under this Act. Title 15.10. Waste management contributions Article 15.35 For the purposes of this Title and the provisions based on it: waste management contribution: contribution to the costs of managing a waste; agreement on a waste management contribution: written agreement between those who import or market a substance, preparation or product in the Netherlands, to pay a waste management contribution. Article 15.36 o 1. Our Minister may, if this is in the interest of efficient waste management, on a reasoned request, after consultation with Our Minister of Economic Affairs, declare an agreement on a waste management contribution generally binding for anyone who uses that substance, imports or markets that preparation or product in the Netherlands. o 2. Our Minister shall lay down rules with regard to the subjects that must in any case be discussed in an agreement on a waste management contribution, for which a declaration of universal application is requested, as well as with regard to the matters relating to a request as referred to in the first paragraph information to be submitted. Such data shall in any event include data from which it is clear that reasonable efforts have been made to prevent users of that substance, preparation or product from being liable to pay a fee more than once for its management. Article 15.37 o 1. A request as referred to in Article 15.36 can only be submitted by those who, or organizations of those who, in the opinion of Our Minister, constitute a significant majority of those who, with regard to the joint turnover of the substances, preparations or products concerned, import or market substances, preparations or products in the Netherlands. Our Minister will take into account in his opinion with regard to the question whether those who, or the organizations of those who have submitted the request, respectively, constitute a significant majority, in any case the number of them in proportion to the total number of those who Machine Translated by Google import or market substances, preparations or products in the Netherlands. o 2. Section 3.4 of the General Administrative Law Act applies to the preparation of a decision on the request. Views can be put forward by anyone. o 3. If a decision cannot be taken until after an obligation arising from a treaty binding on the Netherlands or a decision of an organization under international law that is binding on the Netherlands has been complied with, the term for taking that decision will be suspended until the the procedure applicable to that obligation has been completed. The applicant will be notified of the suspension. o 4. If, in the decision, an agreement on a waste management contribution is declared universally binding, the text of the agreement will be published in the Government Gazette . Article 15.38 o 1. After consultation with Our Minister of Economic Affairs, Our Minister may grant exemption from an agreement on a waste management contribution that has been declared universally binding, if the applicant ensures that the waste concerned is managed in such a way that it is considered to be of Our Minister is at least equivalent to the management in accordance with the relevant agreement that has been declared generally binding on a waste management contribution. o 2. An exemption may be granted subject to restrictions. To an exemption regulations can be attached. o 3. An exemption granted pursuant to the first paragraph may be amended or withdrawn ex officio or upon a request to that effect. Article 15.39, second paragraph, shall apply mutatis mutandis, on the understanding that the interest referred to in subsection b of that paragraph shall be replaced by the following: no longer meeting the requirement referred to in the first paragraph of this article. o 4. Article 15.37, paragraphs 2 to 4, shall apply mutatis mutandis to the preparation of a decision as referred to in paragraphs 1 and 3. Our Minister shall notify the holder of the exemption, except in cases in which he requests amendment or withdrawal, of his intention to amend or withdraw the exemption before taking a decision. Article 15.39 o 1. A decision pursuant to Article 15.36, paragraph 1, applies for a specified period of no more than five years. o 2. Our Minister may revoke a decision pursuant to Article 15.36, paragraph 1, after consultation with Our Minister of Economic Affairs, if: ÿ the information provided in this regard is so incorrect or appears to be incomplete that a different decision would have been taken on the request if the correct information had been known during the assessment; b . on the basis of a change in circumstances or insights occurred after the decision was taken, it must be assumed that the continued validity of the decision would unacceptably harm the interests of efficient waste management; Machine Translated by Google ÿ c. oblige a treaty binding on the Netherlands or a decision of an organization under international law, or rules for the implementation thereof, which are binding on the Netherlands. o 3. Before a decision pursuant to Article 15.36, first paragraph, on the basis of the subsection 2( a), Our Minister shall give those who have made the request for a declaration that it is generally binding the opportunity to put forward their point of view. o 4. Article 15.37, paragraphs 2 to 4, shall apply mutatis mutandis to the preparation of a decision to revoke a decision pursuant to Article 15.36, paragraph 1, on the basis of paragraph 2, under b or c. Article 15.40 Everyone is obliged to comply with an agreement that is generally binding for him on a waste management contribution towards anyone else who has a reasonable interest in compliance. Article 15.41 If one or more of those who import or market a substance, preparation or product in the Netherlands, for which an agreement on a waste management contribution has been declared generally binding, considers the presumption well-founded that one or more others have adopted one or more of the generally binding provisions of that agreement stated are not complied with, they may request Our Minister to conduct an investigation into this with a view to bringing a legal claim under Article 15.40. The inspector will initiate the investigation and report to Our Minister of the findings of the investigation. Our Minister shall make the report available to the person or persons who have requested the investigation. Title 15.11. Financing care for closed landfills Article 15.42 In this title and the provisions based on it, "landfill site", "closed landfill site" and "company- related landfill site" mean what is understood by them in paragraph 8.2. Article 15.43 This title does not apply to landfills where dredged material has been deposited and which are driven or co-driven by Our Minister of Transport, Public Works and Water Management. Article 15.44 o 1. Provincial councils impose a levy to combat the costs that will involve: ÿ a. the care referred to in Article 8.49 for the landfills located in the province concerned; Machine Translated by Google b . an obligation applicable to the province concerned to pay to a fund as referred to in Article 15.48; ÿ c. the inventory carried out by the province of places where waste has been dumped and where that dumping was completed before 1 September 1996, and the investigation into and systematic checking of the presence, nature and extent of any contamination there. o 2. The levy referred to in the first paragraph may also relate to the costs that will be involved in covering the liability as referred to in Section 176 of Book 6 of the Dutch Civil Code. o 3. Articles 227 to 232h of the Provinces Act apply mutatis mutandis with regard to the levy and collection. Article 15.45 o 1. The levy is levied on the person who operates a landfill. o 2. The amount of the levy is determined in such a way that from the proceeds the costs of the levy and the interest income and investment income obtained therefrom can be offset against the costs that are expected to be involved in the implementation of the aftercare plan referred to in Article 8.49, paragraphs 3 and 4, to which the Provincial Executive has agreed, or, if no aftercare plan applies , the care for that landfill referred to in Article 8.49, first paragraph. If, after it has been established, it appears that the revenue of the levy is higher or lower than the amount necessary to cover the costs that are expected to be involved in the care of that landfill, the amount of the levy may be redetermined. The amount of the levy already paid will be deducted from this. o 3. Notwithstanding the second paragraph, the levy in respect of the non company-related landfills in the province concerned are determined on the basis of the quantity and nature of the waste materials that have been deposited at the landfill. The amount is determined in such a way that the costs that are expected to be involved in caring for those landfills can be met from the total of the revenues from the levy and the interest income and investment income obtained therefrom for the non-commercial landfills in that province. The costs referred to in the second sentence are calculated with due observance of the aftercare plans applicable to those landfills that have been approved by the Provincial Executive. o 4. The third paragraph does not apply to landfills where dredging sludge is stored deposited. Article 15.46 o 1. The Provincial Executive may determine that those who operate a landfill, to which Section 15.45(3) does not apply, provide financial security for compliance with the obligations applicable to them pursuant to Sections 15.44(1)(a) and 15.45 obligation. In any case, the maximum amount for which the security must be maintained is stated. o 2. The obligation to maintain financial security expires on the the time at which an amount of levy, as referred to in Article 15.45, second paragraph, has been paid, insofar as it concerns the part that corresponds to the amount that has been paid. Machine Translated by Google o 3. The Provincial Executive may have recourse against the security provided, insofar as the person providing the security has not paid the amount of the levy, as determined pursuant to Section 15.45, subsection 2, on time. o 4. The Provincial Executive may pay the amount to be recovered pursuant to paragraph 3 to be collected by writ of execution. o 5. Further rules may be laid down by order in council regarding the manner in which financial security is provided. Article 15.47 o 1. The Provincial Executive of a province set up a fund for their province, intended for the care referred to in Article 8.49 for closed landfills. o 2. Notwithstanding the first paragraph, the provincial executive of different provinces may jointly establish a fund as referred to in the first paragraph for their provinces. o 3. A fund is a legal person. o 4. The provincial executive of the province or provinces concerned are charged with the management of the fund active in their province or provinces. o 5. A fund annually receives: ÿ the proceeds of the levy referred to in Article 15.44, less the amount to cover the costs associated with the acts referred to in Article 15.44, first paragraph, under c, and with the part of the levies referred to in Article 15.48, second member; b . the amounts recovered pursuant to Article 15.46, paragraph 3; ÿ c. interest income and investment income obtained through the fund; d . the credit balance of the most recently closed account of the fund. o 6. A fund is also entitled to receive other amounts intended for the care referred to in Article 8.49 than those referred to in the fifth paragraph. o 7. The fund will only cover costs that: ÿ are made in connection with the implementation of the care referred to in Article 8.49 with regard to closed landfills in the province or provinces concerned; b . are associated with the activities of the fund that is active in the province or provinces concerned; ÿ c. be incurred to cover the liability referred to in Section 176(4) of Book 6 of the Dutch Civil Code, but only insofar as the levy referred to in Section 15.44 also relates to these costs. o 8. The costs referred to in the seventh paragraph do not include the costs incurred by the province or provinces concerned in connection with the care for closed landfills referred to in Article 8.49 for the benefit of its administrative apparatus. Article 15.48 o 1. The Provincial Executive of the provinces may jointly establish a fund to cover major financial risks in connection with the care referred to in Article 8.49 for closed landfills. Machine Translated by Google o 2. The fund referred to in the first paragraph will annually receive from those provinces a portion of the levies paid to those provinces, to be determined by the board of that fund, as referred to in Article 15.45. o 3. Of Article 15.47, the third and fourth paragraph, as well as the eighth paragraph, in conjunction with the seventh paragraph, under b, apply mutatis mutandis. Article 15.49 o 1. With regard to damage caused by a landfill, which is known after the date on which a statement as referred to in Article 8.47, paragraph 3, with regard to that landfill has been issued, neither a province nor the fund referred to in this title will invoke the liability of the person who last operated the landfill. pursuant to Article 176, fourth paragraph, of Book 6 of the Dutch Civil Code. o 2. If the person who last operated a landfill, for which a statement as referred to in Article 8.47, paragraph 3, has been issued, is liable for the damage caused by that landfill on the basis of Article 176, paragraph 4, of Book 6 of the Civil Code, the person against whom this liability exists may assert his right to compensation against the fund referred to in this title that is active in the province concerned. Title 15.12. Financial allowances Article 15.50 o 1. Our Minister may grant benefits to persons for whom as a result malignant mesothelioma exposure to asbestos and who are not eligible for a related benefit under the SZW Grants Framework Act. o 2. Our Minister shall lay down further rules for the implementation of the first paragraph. Title 15.13. Cost equalization of reduction of CO2 emissions in greenhouse horticulture Article 15.51 o 1. On establishments that: ÿ a. are exclusively or mainly intended for the cultivation of crops under a permanent stand of glass or plastic, or b . are also intended for the cultivation of crops under a permanent glass or plastic stand with a minimum surface area of 2 500 m2 , a system of equalization of costs associated with exceeding the amount of CO2 emissions jointly determined for those installations for a certain period applies. o 2. The first paragraph does not apply to establishments: ÿ a. which are exclusively or mainly intended for the cultivation of edible mushrooms or chicory under a stand as referred to in that paragraph, or b . to which Title 16.2 applies. Machine Translated by Google o 3. Our Minister shall, in agreement with Our Minister of Economic Affairs, Agriculture and Innovation, fixed the amount of emissions referred to in the first paragraph. The decision to determine that amount of emissions is published in the Government Gazette. Article 15.52 If the amount of emissions referred to in Article 15.51, paragraph 1, is exceeded, the establishments belonging to a category designated by Order in Council will owe compensation. The amount of that compensation or the method of calculating the amount of that compensation shall be determined by order in council. Article 15.53 o 1. For the implementation of Articles 15.51 and 15.52, cooperation may be required by order in council from the board of a business entity as referred to in Article 66 of the Business Organization Act. o 2. If the cooperation referred to in subsection 1 consists of laying down further rules by regulation, that regulation requires the approval of Our Minister. Decisions taken pursuant to the regulation require the approval of Our Minister, insofar as this is provided for in the measure referred to in subsection 1. o 3. In the measure referred to in the first paragraph, violations of the regulation referred to in the second paragraph can be designated as facts for which a disciplinary measure as referred to in the Company Organization Disciplinary Law Act 2004 can be imposed. o 4. Articles 1, subsection b, 2, 3 to 6, 15 to 44, first paragraph, and 46 of the Business Organization Disciplinary Law Act 2004 apply mutatis mutandis, on the understanding that the provisions in Article 46 of that The consent referred to in the Act must be obtained from Our Minister. o 5. With the supervision of compliance with the regulation referred to in the second subsection, the persons designated by a decision of the board of the industrial body designated pursuant to subsection 1 are charged. That decision requires the approval of Our Minister. Our Minister may instruct the management board of the industrial body regarding the appointment of supervisors and the manner in which supervision is exercised. • Chapter 16. Emissions Trading Title 16.1. General Article 16.1 o 1. In this chapter and the provisions based on it, the following definitions apply: annual load: total amount of an emission during a calendar year; national allocation decision: decision as referred to in Article 16.29, first paragraph; Machine Translated by Google national allocation plan: plan as referred to in Article 16.23, first paragraph; Our Ministers: Our Minister and Our Minister of Economic Affairs; plan period: period to which a national allocation plan pursuant to Article 16.23, second paragraph, relates; project activity: project or activity as referred to in Article 6 and Article 12, respectively, of the Kyoto Protocol; register for trading in greenhouse gas emission allowances: register as referred to in Article 16.43, first paragraph; register for trading in NOx emission allowances: register as referred to in Article 16.58, first paragraph; allocated unit: unit as referred to in Article 2, under e, of the EC Regulation on the registry of greenhouse gas emission allowance trading (AAU); tonne-kilometre: one tonne of freight, transported over a distance of one kilometre, whereby freight is understood to mean: the total mass of freight, mail and passengers that is transported; tonne-kilometre data: data relating to the size of an aviation activity as referred to in Annex I to the EC Directive on greenhouse gas emission allowance trading; sales ceiling: the number of NOx emission allowances, as referred to in Article 16.49, third paragraph. removal unit: unit as referred to in article 2, under r, of the EC regulation on the registry of greenhouse gas emission allowance trading (RMU). o 2. For the purposes of Title 16.2 and the provisions based thereon, understood by: greenhouse gas installation: fixed technical unit in which one or more activities are carried out that cause an emission of a greenhouse gas into the air and which belong to a category that has been designated by order in council with regard to the greenhouse gas concerned, as well as other activities that are associated with the former activities are directly related and technically related and which may have an impact on the emission of the relevant greenhouse gas into the air; calendar year: year as referred to in Article 2, under y, of the EC Regulation on the registry of greenhouse gas emission allowance trading. o 3. For the purposes of Title 16.3 and the provisions based on it, NOx installation is understood to mean: fixed technical unit that emits an emission of Machine Translated by Google causes nitrogen oxides in the air and which belongs to a category designated by order in council. o 4. For the purposes of Section 16.2.1 or Section 16.2.2, respectively: ÿ emission report: report as referred to in Article 16.12, first paragraph, under b, or Article 16.39f, first paragraph; ÿ monitoring plan: plan as referred to in Article 16.6, second paragraph, Article 16.39c respectively; ÿ verifier: independent expert as referred to in Article 16.12, first paragraph, under c, respectively Articles 16.39f, second paragraph, and 16.39j, second paragraph; ÿ verification: assessment as referred to in Article 16.12, first paragraph, under c, or Article 16.39g, respectively. Title 16.2. Greenhouse gases and greenhouse gas emission allowances Section 16.2.1. Establishments Section 16.2.1.1. General Article 16.2 o 1. This section applies to establishments containing one or more greenhouse gas installations. o 2. An emission of a greenhouse gas into the air is expressed in tons carbon dioxide equivalent. o 3. For the purposes of this section, fuel consumption and raw material use means the consumption of fuels or the use of raw materials, respectively, insofar as that consumption or use is likely to lead to emissions of a greenhouse gas. o 4. The person who operates an establishment in which a greenhouse gas installation is located is located: ÿ a. who belongs to a category designated pursuant to subsection 2 may, in cases indicated by order in council, request that they remain outside that designation for a plan period; b . that does not belong to a category designated pursuant to subsection 2 may, in cases indicated by order in council, request that it fall within that designation with regard to a plan period. o 5. The person who operates an establishment in which a NOx installation is located: ÿ a. who belongs to a category designated pursuant to subsection 3 may, in cases indicated by order in council, request that they be excluded from that designation with effect from a specific time; b . that does not belong to a category designated pursuant to subsection 3 may, in cases indicated by Order in Council, request that it fall within that designation up to and including a specific time. o 6. The board of the emissions authority decides on the requests referred to in the fourth and fifth paragraph. The requests are assessed on the basis of criteria set by Order in Council. Machine Translated by Google o 7. By or pursuant to an order in council, for the implementation of rules are laid down in the fourth, fifth and sixth paragraphs. Article 16.3 Establishments as referred to in Article 16.2(1) also include establishments within the Dutch exclusive economic zone. Article 16.4 An amendment to the EC Directive on greenhouse gas emission allowance trading or an annex to that directive shall apply for the purposes of this title from the day on which the amendment concerned must have been implemented, unless by decision of Our Minister, which the Government Gazette is published, another time is determined. Section 16.2.1.2. license Article 16.5 o 1. It is prohibited without a permit from the board of the emissions authority: ÿ a. to have an establishment in operation; b . alter an establishment or alter its operation in such a way as to result in a significant increase in the emission of greenhouse gases into the air; ÿ c. radically change the monitoring plan applicable to the facility concerned. o 2. If the prohibitions contained in Article 16.49(1) also apply to an establishment, the prohibitions contained in the first paragraph also relate to the emissions of nitrogen oxides into the air caused by the establishment, and the prohibitions set out in Article 16.49 , first paragraph, contained prohibitions do not apply. Title 16.3, with the exception of Article 16.49, first paragraph, applies mutatis mutandis, insofar as it concerns the emission of nitrogen oxides into the air. Article 16.6 o 1. Rules are laid down by or pursuant to an order in council with regard to the way in which the application for a license must be made, the information and documents that must be provided by the applicant with a view to the decision on the application, and the way in which that data should be obtained. o 2. Under or pursuant to the measure, it is in any event stipulated that the applicant submits a monitoring plan with the application, which contains a description for the establishment of the way in which: ÿ a. the annual freight is determined, b . the fuel consumption and the use of raw materials are determined, ÿ c. data relating to the provisions under a and b are registered and stored, and d . a report is made to the board of the emissions authority on the annual load and the data regarding fuel consumption and the use of raw materials. Machine Translated by Google o 3. Our Minister may lay down further rules for the implementation of the provisions pursuant to the first or second paragraph. In any event, these rules comply with the decision adopted by the Commission of the European Communities on the basis of Article 14, paragraph 1, of the EC Directive on greenhouse gas emission allowance trading. o 4. In determining the annual load of an establishment, only the emissions that are caused by activities carried out in a greenhouse gas installation and which have been designated pursuant to Article 16.1, second paragraph, are taken into account. Article 16.7 The board of the emissions authority decides on the application for a permit within four months. Article 16.8 o 1. The board of the emissions authority sends the monitoring plan that is submitted with the application for a permit pursuant to Article 16.5, first paragraph, to the administrative authority that is authorized to grant an environmental permit for the establishment to which the application relates, or, in the event that the establishment is subject to the provisions of Article 40, second paragraph, The prohibition contained in the Mining Act applies, Our Minister of Economic Affairs. o 2. The board of the emissions authority shall inform the relevant other administrative body, as referred to in the first paragraph, has the opportunity for a period of four weeks to advise on the monitoring plan with a view to the connection between this plan and the relevant environmental permit or permit, as referred to in Article 40 of the Mining Act, or the application concerned for an environmental permit or permit as referred to above. Article 16.9 When making a decision on the application, the board of the emissions authority shall ensure that there is no conflict with rules that apply with regard to the installation, laid down by or pursuant to this chapter, chapter 8 of this Act or chapters 2 and 3 of the Act. general environmental law provisions. Article 16.10 o 1. The permit will be refused if the monitoring plan does not meet the requirements set for it in or pursuant to this chapter or if granting it would otherwise conflict with rules applicable to the establishment, laid down in or pursuant to this chapter, or if the board of the emissions authority is of the opinion that there is insufficient assurance that the applicant is able to carry out the monitoring plan properly to feed. o 2. In a case as referred to in Article 16.5, second paragraph, the permit is partially refused insofar as it concerns the emissions of greenhouse gases or the emissions of nitrogen oxides, respectively, if a permit pursuant to Article 16.5, first paragraph, or Article 16.49, first member, would have been refused if only the requirement of a Machine Translated by Google license pursuant to Article 16.5, first paragraph, or Article 16.49, first paragraph, respectively. Article 16.11 o 1. A license clearly states what it relates to. The license states the name and address of the person who operates the establishment to which the license relates. o 2. The monitoring plan is in any case part of the permit. The other parts of the license application form part of the licence, insofar as this is indicated in the licence. Article 16.12 o 1. The conditions that are necessary in the interest of the proper functioning of the emission allowance trading system are attached to a permit. These regulations furthermore in any case include the obligation that: ÿ a. during each calendar year the annual load, fuel consumption and raw material use are determined and registered in accordance with the monitoring plan applicable to the establishment concerned; b . with regard to each calendar year at the board of the emissions authority shall submit a report before 1 April of the following calendar year, stating for the establishment as well as for each greenhouse gas installation located in the establishment with regard to the calendar year to which the report relates: ÿ 1°. the annual freight, fuel consumption and raw material use and the way in which these are determined and registered; ÿ 2°. the changes to the monitoring plan that have taken place; ÿ 3°. the cases in which the monitoring plan has been deviated from, the reasons for this and the way in which the emissions were measured and recorded in those cases; ÿ c. the emissions report is accompanied by a statement from an independent expert, which sets out the results of an assessment of the report carried out by him in accordance with Article 16.14, paragraphs 1 and 3; d . a change in the name or address of the permit holder is notified to the board of the emissions authority. o 2. Requirements may be made by or pursuant to an order in council made with regard to: ÿ a person other than the holder of a license pursuant to Article 16.5, paragraph 1, who is involved in the implementation of the monitoring plan; b . the determination and registration of the annual freight, fuel consumption and raw material use, referred to in the first paragraph, under a; ÿ c. the emissions report. o 3. Requirements imposed pursuant to the second paragraph shall in any event comply with the guidelines issued by the Commission of the European Communities Machine Translated by Google established on the basis of Article 14, third paragraph, of the EC Directive on greenhouse gas emission allowance trading. o 4. It may be stipulated in a permit that: ÿ a change, other than as referred to in Article 16.5, first paragraph, under b or c, or b . a temporary deviation from the monitoring plan is reported to the board of the emissions authority in accordance with the rules laid down pursuant to the fifth paragraph. o 5. Rules shall be laid down by or pursuant to an order in council with regard to reporting a change or deviation as referred to in the fourth paragraph. These rules can be retroactive to January 1, 2005. o 6. It may be stipulated in a permit that a change or deviation as referred to in paragraph 4 requires the approval of the board of the emissions authority before it is implemented. o 7. If the sixth paragraph has been applied, the board of the emissions authority withholding approval: ÿ a. if, in its opinion, this is necessary in the interest of the proper functioning of the emission allowance trading system; b . on the ground that, in view of the nature or extent of the change concerned, it is, in his opinion, necessary to change the permit. Article 16.13 o 1. The permit holder regularly reviews whether the recorded data with regard to determining the annual load, fuel consumption and raw material use, the registration and storage of the related data and the reporting to the board of the emissions authority are still correct and complete, in view of: ÿ a. changes that have occurred in the circumstances relevant to determining the annual load, fuel consumption and raw material use and recording the related data; b . developments in the field of technical possibilities for determining annual freight, fuel consumption and raw material use and recording the related data. o 2. He changes the monitoring plan as soon as possible, if: ÿ the changes or developments referred to in the first paragraph, under a or b, respectively, give rise to this; b . change of the rules laid down pursuant to Article 16.6 gives rise to this; ÿ c. the board of the emissions authority so requests. Article 16.14 o 1. During the verification, it is checked whether the emissions report meets the requirements set for it in or pursuant to this chapter. If it Machine Translated by Google emissions report does not meet these requirements, the verifier shall not issue a statement as referred to in Article 16.12, first paragraph, under c. o 2. The verifier must not have been involved in drawing up, assessing or executing the monitoring plan for the facility concerned. o 3. Rules may be laid down by or pursuant to an order in council containing requirements that a verifier and a verification must meet. In any event, these rules comply with the relevant requirements included in Annex V to the EC Directive on greenhouse gas emission allowance trading, with the guidelines laid down on the basis of Article 14(1) of that Directive and with the requirements laid down on the basis of of Article 15 of that directive. Article 16.15 The board of the emissions authority shall send the other administrative body concerned, as referred to in Article 16.8, first paragraph, a copy of the emissions report drawn up for the installation concerned and the accompanying statement from the verifier. Article 16.16 o 1. The board of the emissions authority may determine no later than 30 September of the calendar year in which the emissions report must be submitted in accordance with Article 16.12, first paragraph, under b, that this report does not meet the requirements laid down in or pursuant to this chapter. asked. The board of the emissions authority can postpone the decision for a maximum of three months. The person who submitted the emissions report shall be notified in writing of the adjournment before the time specified in the first sentence. The notice shall include the reason for the adjournment. o 2. After the time referred to in the first paragraph, or, if the second sentence of that paragraph has been applied, the board of the emissions authority can still determine after the time that has been determined with the application of that sentence that the emissions report is not complies with the requirements set for it by or pursuant to this chapter, if: ÿ a person who has submitted an emissions report to the board of the emissions authority in accordance with Article 16.12, first paragraph, under b, has provided incorrect or incomplete data in that report and the provision of correct or complete data would have led to the determination of another annual freight, b . the emissions report concerned was otherwise incorrect, and the person concerned knew or should have known this. o 3. The authority referred to in the second paragraph will lapse ten years after the expiry of the calendar year referred to in the first paragraph. Article 16.17 If the person who operates an establishment, to which the prohibitions laid down in Article 16.5, first paragraph, relate, has not submitted an emissions report in time to the board of the emissions authority, or the board of the emissions authority has, pursuant to Article 16.16, first or second paragraph, declared that the emissions report does not comply Machine Translated by Google the board of the emissions authority may officially determine the relevant data on the basis of the requirements referred to in respect of the requirements set for it in or pursuant to this chapter. Before the board of the emissions authority officially establishes these data, it gives the person concerned the opportunity to put forward his point of view. Article 16.18 o 1. The board of the emissions authority shall, upon request, provide anyone free to inspect and provide a copy of an emission report that has been submitted to it for a fee not exceeding the costs. o 2. The board of the emissions authority gives advance notice of the possibility to inspect and of the availability of the emissions report. The notification is made in such a way that the intended purpose is achieved as well as possible. Article 16.19 A license granted for an establishment applies to anyone who operates the establishment. This person ensures that the regulations attached to the permit are complied with. Article 16.20 o 1. The board of the emissions authority can determine the requirements that apply to a permit, change, supplement or revoke, if in his opinion this is necessary in the interest of the proper functioning of the emission allowance trading system. o 2. Articles 16.7, 16.8 and 16.9 apply mutatis mutandis with regard to the decision in this regard. o 3. In a case as referred to in Article 16.12, first paragraph, under d, the the board of the emissions authority issues the permit in accordance with the notification. o 4. If the case referred to in Article 16.5, second paragraph, arises and a permit has already been issued for the establishment concerned pursuant to Article 16.5, first paragraph, for the operation of an establishment containing one or more greenhouse gas installations, the board of the emissions authority supplements that permit with regulations and provisions relating to the emission of nitrogen oxides into the air, which the establishment causes, and which are necessary for the implementation of Title 16.3. Articles 16.6 up to and including 16.12 apply mutatis mutandis with regard to the decision on this matter and the content of the regulations and provisions. o 5. If the case referred to in Article 16.5, second paragraph, arises and a permit has already been issued for the establishment concerned pursuant to Article 16.49, first paragraph, for the operation of an establishment containing one or more installations, that cause an emission of nitrogen oxides into the air, the board of the emissions authority supplements that permit with regulations and provisions relating to the emission of greenhouse gases into the air, which the establishment causes, and which are necessary for the implementation of part 16.2. 1. Articles 16.6 up to and including 16.12 apply mutatis mutandis with regard to the decision on this matter and the content of the regulations and provisions. Machine Translated by Google o 6. In the event that the fourth or fifth paragraph applies, the board of the emissions authority cannot change the rights that the license holder derives from the permit previously granted, other than would be possible with the application of the first paragraph. Article 16.20a o 1. At the request of the permit holder, the board of the emissions authority can change, supplement or withdraw the permit. o 2. With regard to the decision in this regard, Articles 16.6 up to and including 16.12 applies mutatis mutandis. Article 16.20b o 1. The board of the emissions authority may revoke a permit if: ÿ a. a decision taken pursuant to Article 2.33 of the Environmental Law General Provisions Act has come into effect with regard to the establishment; b . this section no longer applies to the establishment. o 2. In the decision to revoke, it may be stipulated that the conditions attached to the license will continue to apply for a period specified therein. o 3. Section 3.4 of the General Administrative Law Act does not apply to the preparation of a decision pursuant to the first paragraph. Article 16.21 o 1. Rules may be laid down by or pursuant to Order in Council with regard to establishments to which the prohibitions contained in Article 16.5, paragraph 1 apply and which belong to a category designated by or pursuant to the Order, that are necessary in the interest of the proper functioning of the emissions trading system. It may be determined by or pursuant to the measure that rules laid down by or pursuant to the measure shall only apply in the categories of cases indicated therein. o 2. It may be stipulated by or pursuant to the order that the board of the emissions authority may attach conditions to this when granting or amending the permit with regard to the subjects specified therein. Article 8.42a applies mutatis mutandis. Article 16.22 o 1. Rules may be laid down by or pursuant to order in council with regard to establishments to which the prohibitions contained in Article 16.5, paragraph 1 apply and which belong to a category designated by or pursuant to the order, rules may be laid down, containing the obligation for the management of the emissions authority to attach conditions to the permit, which are necessary in the interest of the proper functioning of the emission allowance trading system. It may be determined by or pursuant to the measure that rules laid down by or pursuant to the measure shall only apply in the categories of cases indicated therein. Machine Translated by Google o 2. Under or pursuant to the order, it is determined to what extent the board of the emissions authority can deviate from the rules or impose further requirements with regard to the subjects specified therein. It may also be determined that the power to deviate or to impose further requirements only applies in categories of cases indicated in the order. o 3. By or pursuant to the measure, the obligations indicate the time when it must be carried out with regard to the permits already granted. Section 16.2.1.3. Allocating and granting greenhouse gas emission allowances and the use of emission reduction units and certified emission reductions Subsection 16.2.1.3.1. The National Allocation Plan Article 16.23 o 1. Our Ministers jointly draw up a plan that includes intentions with regard to the allocation of greenhouse gas emission rights. o 2. National allocation plans apply for consecutive periods. This one period is five years for each plan, with the exception of the period for the first plan, which is three years, commencing January 1, 2005. Article 16.24 The national allocation plan is established with due observance of Articles 10 and 30(3), first subparagraph, of the EC Directive on greenhouse gas emission allowance trading and the deadlines referred to in Article 9 of the Directive. The plan is established using objective and transparent criteria, including those included in Annex III to that Directive and the guidelines adopted by the Commission of the European Communities in this regard in accordance with Article 9(1) of the Directive. Article 16.25 o 1. The national allocation plan shall contain at least: ÿ an indication of the total number of greenhouse gas emission allowances that Our Ministers intend to allocate for the plan period; b . a description of the manner in which Our Ministers intend to allocate greenhouse gas emission allowances; ÿ c. a list of all installations for which Our Ministers intend to allocate greenhouse gas emission allowances pursuant to Article 16.29(1), stating the number of greenhouse gas emission allowances that they intend to allocate for each individual installation; d . an indication of the proportion of the total number greenhouse gas emission allowances, referred to under a, that will be granted every calendar year in accordance with the EC regulation on the registry of greenhouse gas emission allowance trading; ÿ e. an indication of the part of the number of greenhouse gas emission allowances, referred to under c, that the person operating an establishment, at most in the form of emission reduction units Machine Translated by Google or may surrender certified emission reductions with regard to the relevant plan period in compliance with Article 16.37, first paragraph. o 2. The national allocation plan may also include: an indication of the part of the total number of ÿ greenhouse gas emission allowances, referred to in the first paragraph, under a, that is kept available for allocation for one or more categories of establishments indicated therein for which a permit is required pursuant to Article 16.5, first subsection, if this permit has not yet been granted at the time the plan has been sent to the Commission of the European Communities in accordance with Article 9(1) of the EC Directive on greenhouse gas emission allowance trading; b . an indication of the proportion of the total number greenhouse gas emission allowances, referred to in the first paragraph, under a, that are kept available for allocation for installations for which, as a result of an amendment to the national allocation decision in accordance with Article 16.31, first paragraph, more greenhouse gas emission allowances are allocated than the original national allocation decision case. Article 16.26 o 1. Section 3.4 of the General Administrative Law Act applies to the preparation of the national allocation plan. The draft of the plan is also made available for inspection at the registry of the provinces. The draft of the plan is also sent to both houses of the States General. The transmission referred to in the third sentence shall take place at least four weeks before the plan is sent to the Commission of the European Communities in accordance with Article 9, first paragraph, of the EC Directive on greenhouse gas emission allowance trading. o 2. Views can be put forward by anyone. o 3. Our Ministers shall adopt the national allocation plan no later than twelve weeks after the draft has been made available for public inspection. o 4. The adopted national allocation plan is published by notification of the plan in the Government Gazette. o 5. If the plan published in accordance with paragraph 4 does not need to be amended as a result of the assessment by the Commission of the European Communities of the plan submitted to it in accordance with Article 9, paragraph 1, of the EC Directive on greenhouse gas emission allowance trading sent, this will be announced in the Government Gazette. Article 16.27 If the Commission of the European Communities rejects, in whole or in part, the national allocation plan sent to it in accordance with Article 9, first paragraph, of the EC Directive on greenhouse gas emission allowance trading, Our Ministers shall re- establish the national allocation plan after it has included the proposals proposed by them and Commission accepted changes have been made. Article 16.26, paragraphs 1 to 3, does not apply. Article 16.26, fourth paragraph, applies mutatis mutandis. Machine Translated by Google Article 16.28 The national allocation plan applies from the day after the date on which a notification as referred to in Article 16.26(5) has been made in the Government Gazette, or if the plan has to be amended as a result of the assessment by the Commission of the European Communities. referred to in that paragraph, the day on which it is published in the Government Gazette in accordance with Article 16.26, fourth paragraph, in conjunction with Article 16.27, last sentence. Subsection 16.2.1.3.2. The national allocation decision, other allocation decisions and the issuance of greenhouse gas emission allowances Article 16.29 o 1. Without prejudice to Article 16.31, Our Ministers decide with regard to jointly on the allocation of greenhouse gas emission allowances during each planning period. That decision contains: ÿ an indication of the total number of greenhouse gas emission allowances that will be allocated for the plan period; b . the allocation of greenhouse gas emission allowances for individual installations; ÿ c. without prejudice to part d: an indication of the part of the total number of greenhouse gas emission allowances, referred to under a, that will be issued each calendar year in accordance with the EC Regulation on the registry for greenhouse gas emission allowance trading; d . if the national allocation plan provides for this: an indication of the part of the total number of greenhouse gas emission allowances, referred to under a, that is kept available for allocation during the plan period for installations as referred to in Article 16.25, second paragraph, under a or b. o 2. When adopting the national allocation decision, Our Ministers shall adopt the applicable national allocation plan, insofar as it concerns the parts referred to in Article 16.25, first paragraph, under a, b and d, as well as Article 10 of the EC Directive on greenhouse gas emission allowance trading. deems, and they take that plan into account, insofar as it concerns the part referred to in Article 16.25, first paragraph, under c. The national allocation decision is taken with due observance of the terms referred to in Article 11, first and second paragraph, of the Directive. o 3. Article 16.23, second paragraph, applies mutatis mutandis. Article 16.30 o 1. Section 3.4 of the General Administrative Law Act applies to the preparation of the national allocation decision. The draft of the decree is also available for inspection at the registry of the provinces. The draft of the decree is also sent to both Houses of the States General. o 2. Views can be put forward by anyone. o 3. Our Ministers shall take the national allocation decision no later than twelve weeks after the draft has been made available for public inspection. o 4. The adopted national allocation decision is notified by notification of the decision in the Government Gazette. Machine Translated by Google Article 16.31 o 1. If the Administrative Jurisdiction Division of the Council of State with has made an interim decision pursuant to Article 20.5a, Our Ministers shall amend the national allocation decision with due observance of that decision. Section 3.4 of the General Administrative Law Act does not apply to the preparation of the decision to amend the national allocation decision. o 2. The decision to amend the national allocation decision shall be taken within ten weeks of the day on which the interlocutory judgment referred to in Article 20.5a was pronounced in public. Article 7:1 of the General Administrative Law Act does not apply. o 3. For the purposes of this chapter, a national allocation decision amended pursuant to the first paragraph replaces the original national allocation decision. Article 16.32 o 1. This Article applies if in the national allocation plan greenhouse gas emission allowances are kept available for allocation for establishments as referred to in Article 16.25, second paragraph, under a. o 2. Our Ministers jointly decide, at the request of the person who operates an establishment as referred to in the first paragraph, on the allocation of greenhouse gas emission allowances as referred to in the first paragraph for the relevant plan period. o 3. When making a decision pursuant to the second paragraph, Our Ministers shall observe the relevant national allocation plan, insofar as it concerns the part referred to in Article 16.25, first paragraph, under b, as well as the relevant national allocation decision, insofar as it concerns the part referred to in Article 16.29, first paragraph, under d. o 4. A request for allocation of greenhouse gas emission allowances as referred to in the first paragraph will be rejected insofar as the allocation of those allowances results in the total number of greenhouse gas emission allowances that are required for the allocation to the category of installations indicated in the relevant national allocation plan as referred to in the first paragraph for which the equipment, which is available at most in the planning period concerned, would be exceeded. o 5. A request for allocation of greenhouse gas emission allowances as referred to in the first paragraph may be rejected if: ÿ a. no permit has been granted for the establishment referred to in the first paragraph, pursuant to Article 16.5, first paragraph; b . the requirements included in the relevant national allocation plan in accordance with Article 16.25, first paragraph, under b, with regard to the allocation of greenhouse gas emission allowances for installations as referred to in Article 16.25, second paragraph, under a have not been met. o 6. Greenhouse gas emission allowances are allocated from the time the installation is put into operation. A decision as referred to in the second paragraph contains an indication of the part of the number of greenhouse gas emission allowances that will be granted per calendar year in the relevant planning period in accordance with Article 16.35, second paragraph. Article 16.33 Machine Translated by Google o 1. Requests for allocation of greenhouse gas emission allowances as referred to in Article 16.32, second paragraph, will be dealt with at the moment that the establishment concerned has actually been put into operation. o 2. Rules are laid down by order in council with regard to the manner in which the request for allocation of greenhouse gas emission allowances, as referred to in Article 16.32, second paragraph, must be made and the information that must be provided by the applicant with a view to the decision on the request. o 3. Our Ministers take the decision referred to in Article 16.32, second paragraph, no later than twelve weeks after the relevant request has been processed. Article 16.34 [Repealed on 01-09-2007] Article 16.35 o 1. Greenhouse gas allowances are allocated in accordance with Article 46 of the EC regulation on the registry of greenhouse gas emission allowance trading issued to the person who operates the establishment. Greenhouse gas emission allowances will only be granted if a permit as referred to in Article 16.5, first paragraph, has been granted for the establishment concerned. o 2. To the extent that the relevant national allocation decision so provides, grants the board of the emissions authority for an installation as referred to in Article 16.25, second paragraph, under a, the number of greenhouse gas emission allowances allocated to that installation in the decision, referred to in Article 16.32, second paragraph. The first paragraph, second sentence, applies mutatis mutandis. The granting takes place in accordance with Article 48 of the EC Regulation on the registry of greenhouse gas emission allowance trading. Section 16.2.1.4. The validity of greenhouse gas allowances, surrendering greenhouse gas allowances, emission reduction units and certified emission reductions, canceling greenhouse gas allowances and offsetting emissions in another calendar year Article 16.36 o 1. A greenhouse gas emission allowance that, in accordance with the EC Regulation register of greenhouse gas emission allowance trading is valid for the plan period in which or for which it was granted. o 2. A greenhouse gas emission allowance is valid from the time the has been granted in accordance with the EC Regulation on the registry of greenhouse gas emission allowance trading. Article 16.37 o 1. Without prejudice to Article 67, second paragraph, of the EC Regulation on the register of greenhouse gas emission allowance trading, the person who operates an establishment shall deliver at least a number of greenhouse gas emission allowances, not being greenhouse gas emission allowances, with regard to each calendar year before 1 May of the following calendar year. have been issued pursuant to section 16.2.2, in, which corresponds to the quantity of the emission caused by the installation in the first-mentioned calendar year. o 2. To determine the quantity of the emission referred to in the first paragraph, the data is taken into account, which according to the EC regulation Machine Translated by Google register for greenhouse gas emission allowance trading are included in the register for greenhouse gas emission allowance trading. Artikel 16.37a o 1. In compliance with Article 16.37(1), the person who operates an establishment may surrender emission reduction units or certified emission reductions instead of greenhouse gas emission rights. o 2. For the purposes of Article 16.37, first paragraph, and the first paragraph of this article, one emission reduction unit or certified emission reduction is equated with one greenhouse gas emission allowance. Artikel 16.37b o 1. Article 16.37a, first paragraph, applies as long as the number emission reduction units or certified emission reductions does not exceed the part of the number of allocated greenhouse gas emission allowances that, in accordance with Article 16.25, first paragraph, under e, is indicated in the national allocation plan applicable to the relevant planning period in accordance with Article 16.25, first paragraph, under e. o 2. Article 16.37a, first paragraph, does not apply with regard to emission reduction units and certified emission reductions from project activities for: ÿ a. generating electricity by releasing nuclear energy; b . land use, land use change and forestry activities. o 3. The second paragraph, opening words and under a, apply with regard to the planning periods referred to in Article 11bis, third paragraph, under a, of the EC Directive on greenhouse gas emission allowance trading. Article 16.38 [Repealed as of 01-09-2011] Article 16.39 If, in compliance with Article 16.37, first paragraph, the person who operates an establishment has surrendered fewer greenhouse gas emission allowances, emission reduction units or certified emission reductions in a calendar year than corresponds to the amount of emissions caused by the establishment during that calendar year, the the number of greenhouse gas emission allowances that he must surrender in the subsequent calendar year in implementation of that article, increased by operation of law by the number of greenhouse gas emission allowances, emission reduction units or certified emission reductions that he had surrendered too little. Section 16.2.2. Aviation activities Section 16.2.2.1. General Artikel 16.39a o 1. This section applies to: ÿ a. aircraft operators for which the Netherlands is responsible for the administration of the scheme for greenhouse gas emission allowance trading within the Community and who Machine Translated by Google carry out aviation activities as referred to in Annex I to the EC Directive on greenhouse gas emission allowance trading; b . emissions of designated by order in council greenhouse gases caused by aviation activities as referred to under a. o 2. With regard to an aircraft operator, the Netherlands is the administering Member State as referred to in the first paragraph, under a: ÿ a. if the aircraft operator has a valid license as referred to in Article 16 of the Aviation Act that falls under Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of the European Union of 24 September 2008 on common rules for the operation of air services in the Community (OJEU L 293); b . in cases where the aircraft operator does not have a valid operating license granted by a Member State in accordance with the regulation referred to under a: if the largest part of the estimated aviation emissions from flights performed by the relevant aircraft operator in the base year can be attributed to the Netherlands as referred to in Article 18bis, first paragraph, under b , of the EC Directive on greenhouse gas emission allowance trading. o 3. The applicability of the second paragraph, preamble and under b, is based on the most current edition of the list published by the Commission of the European Communities on the basis of Article 18bis, third paragraph, of the EC Directive on greenhouse gas emission allowance trading. . o 4. In the administration of aircraft operators, the board of the emissions authority observes the guidelines laid down by the Commission of the European Communities in accordance with Article 18bis(4) of the EC Directive on greenhouse gas emission allowance trading. Artikel 16.39b Rules are laid down by ministerial regulation with regard to the interpretation of aviation activities, as referred to in Annex I to the EC Directive on greenhouse gas emission allowance trading. In any event, these rules comply with the guidelines adopted by the Commission of the European Communities on the basis of Article 3b of the said Directive. Section 16.2.2.2. Monitoring and reporting Artikel 16.39c An aircraft operator has a plan that, for the aviation activities for which it is responsible, contains a description of how: o a. the annual freight is determined; oh b. data relating to the annual freight are registered and kept. Artikel 16.39d o 1. The monitoring plan requires the approval of the board of the emissions authority. Machine Translated by Google o 2. Approval will be refused if the monitoring plan does not meet the requirements set for it in or pursuant to this chapter or if the board of the emissions authority is of the opinion that there is insufficient assurance that the aircraft operator is able to properly implement the monitoring plan. . Article 16.39e An aircraft operator determines and registers the annual payload in accordance with the monitoring plan applicable to it and with due observance of the rules laid down pursuant to Article 16.39i, first paragraph, preamble and under a. Artikel 16.39f o 1. An aircraft operator shall submit a report to the board of the emissions authority for each calendar year before April 1 of the following calendar year, stating the annual payload for the aviation activities for which it is responsible for the first-mentioned calendar year. The report is submitted with due observance of the rules laid down pursuant to Article 16.39i, paragraph 1, opening words and under f. o 2. The emissions report is accompanied by a statement from a independent expert, in which the results are presented of an assessment of the report carried out by him in accordance with Article 16.39g. Artikel 16.39g o 1. During the verification, it is checked whether the emissions report meets the requirements set for it in or pursuant to this chapter. If the emissions report does not meet these requirements, the verifier will not issue a statement as referred to in Article 16.39f, second paragraph. o 2. The verifier may not have been involved in drawing up, assessing or executing the monitoring plan or plan, as referred to in Article 16.39j, paragraph 3, under a, for the aircraft operator concerned. o 3. Rules may be laid down by or pursuant to an order in council containing requirements that a verifier and a verification must meet. In any event, these rules comply with the relevant requirements included in Annex V to the EC Directive on greenhouse gas emission allowance trading, with the guidelines laid down on the basis of Article 14(1) of that Directive and with the requirements laid down on the basis of of Article 15 of that directive. Artikel 16.39h Articles 16.12, second paragraph, preamble and under a, 16.13, 16.16, 16.17, 16.18 and 16.21 apply mutatis mutandis, on the understanding that: o a. Article 16.13 only relates to the annual freight and fuel consumption; oh b. in Article 16.13, second paragraph, under b, instead of «Article 16.6», read: Article 16.39i. Machine Translated by Google Artikel 16.39i o 1. Rules may be laid down by ministerial order for the implementation of this paragraph with regard to: ÿ a. determining and registering the annual freight; b . submitting a draft monitoring plan; ÿ c. approving a monitoring plan; d . updating a monitoring plan; ÿ e. reporting changes and deviations from a monitoring plan; ÿ f. the emissions report. o 2. If rules are laid down pursuant to the first paragraph, opening words and under e, it may be stipulated that a change or deviation from the monitoring plan requires the approval of the board of the emissions authority. o 3. Rules laid down pursuant to the first paragraph shall in any event comply with the guidelines established by the Commission of the European Communities on the basis of Article 14, paragraph 1, of the EC Directive on greenhouse gas emission allowance trading. Section 16.2.2.3. Allocating and granting greenhouse gas emission allowances Artikel 16.39j o 1. An aircraft operator may request the board of the emissions authority for the allocation of greenhouse gas emission allowances free of charge with regard to: ÿ a. the period from January 1, 2012 to December 31, 2012, b . the period from January 1, 2013 to December 31, 2020 and ÿ c. eight-year periods beginning after December 31, 2020. o 2. The application must be accompanied by tonne-kilometre data on the aviation activities included in Annex I to the EC Directive on greenhouse gas emission allowance trading that the aircraft operator has performed in the reference year. The application is accompanied by a statement from an independent expert, which shows the results of an assessment of the tonne-kilometre data carried out by him. Article 16.39g applies mutatis mutandis. o 3. The tonne-kilometre data submitted has been determined and registered: ÿ a. in accordance with a plan that contains a description of the way in which the tonne-kilometre data is determined, registered and stored; b . with due observance of the preamble and under . pursuant to the seventh paragraph, a and b, set rules. o 4. The plan referred to in the third paragraph, under a, has been approved by the board of the emissions authority. Article 16.39d, second paragraph, applies mutatis mutandis. o 5. For the purposes of the second paragraph, the following is regarded as the reference year: ÿ a. with regard to the period referred to in the first paragraph, under a: 2010; b . with regard to the periods referred to in the first paragraph, under b and c: the calendar year ending 24 months before the start of the period concerned. o 6. The application is submitted: Machine Translated by Google ÿ a. with regard to the period referred to in the first paragraph, under a: no later than 31 March 2011; b . with regard to the periods referred to in the first paragraph, under b and c: at least 21 months before the start of the period concerned. o 7. Rules may be laid down by ministerial order for the implementation of this article made with regard to: ÿ a. the way in which a tonne-kilometre is calculated; b . determining and recording tonne-kilometre data; ÿ c. submitting a draft plan as referred to in the third paragraph, under a; d . approving a plan as referred to in the third paragraph, under a; ÿ e. updating a plan as referred to in the third paragraph, under a; ÿ f. reporting changes and deviations from a plan as referred to in the third paragraph, under a; ÿ g. the manner in which an application for allocation of emission allowances must be made and the information that must be provided by the applicant. o 8. Article 16.39i, second paragraph, applies mutatis mutandis. o 9. Rules laid down pursuant to the seventh paragraph shall in any event comply with the guidelines established by the Commission of the European Communities on the basis of Article 14, paragraph 1, of the EC Directive on greenhouse gas emission allowance trading. Article 16.39k o 1. The board of the emissions authority shall submit applications that have been submitted on time and which comply with Article 16.39j, paragraph 2, first and second sentences, and third sentences with regard to the requirements that the independent expert must meet to the Committee of the European Communities. o 2. The transmission takes place at least eighteen months before the start of the period to which the application relates or, with regard to the period referred to in Article 16.39j, first paragraph, under a, no later than 30 June 2011. Artikel 16.39l o 1. Within three months after the Commission of the European Communities has taken a decision in accordance with Article 3sexies, paragraph 3, of the EC Directive on greenhouse gas emission allowance trading, the board of the emissions authority calculates: ÿ a. the total number of greenhouse gas emission allowances allocated for the period concerned to the aircraft operators whose applications have been submitted to the Commission of the European Communities in accordance with Article 16.39k; and b . the number of greenhouse gas emission allowances that are issued for each calendar year is allocated to the aircraft operators, referred to under a, within that period. o 2. The calculation takes place: ÿ a. in the case of the first paragraph, preamble and under a: by multiplying the number of tonne-kilometres included in the application by the benchmark that the Commission of the European Communities Machine Translated by Google in accordance with article 3sexies, third paragraph, preamble and under e, of the EC Directive on greenhouse gas emission allowance trading; b . in the case of the first paragraph, opening words and under b: by dividing the total number of greenhouse gas emission allowances for the period concerned calculated in application of subsection a by the number of years in that period. o 3. Pursuant to the first paragraph, by the board of the emissions authority decision taken shall be published within the period of three months referred to in that paragraph. The decision is also notified by notification in the Government Gazette. Article 16.39m For each period referred to in Article 16.39j, paragraph 1, part of the total number of greenhouse gas emission allowances for aviation, referred to in Article 3quater of the EC Directive on greenhouse gas emission allowance trading, will be auctioned by Our Minister. This part corresponds to the number of greenhouse gas emission allowances that the Commission of the European Communities has determined for the Netherlands for the period concerned on the basis of Article 3sexies, third paragraph, preamble and under b, of the said Directive. Article 16.39n o 1. An application for the free allocation of greenhouse gas emission allowances from the special reserve for certain aircraft operators, referred to in Article 3septies of the EC Directive on greenhouse gas emission allowance trading, can be submitted by an aircraft operator: ÿ which commences an aviation activity as referred to in Annex I to the said Directive after the year for which tonne-kilometre data have been submitted in accordance with Article 16.39j, second paragraph, with regard to a period as referred to in Article 16.39j, first paragraph, under b or c, or b . whose number of tonne-kilometres has increased on average by more than 18% per year between the reference year, referred to in Article 16.39j, fifth paragraph, under b, and the second calendar year of the period concerned, referred to in Article 16.39j, first paragraph, under b or c, and of which the activity, referred to under a, or the additional activity, referred to under b, is not wholly or partly a continuation of an aviation activity previously performed by another aircraft operator. o 2. With the application, tonne-kilometre data are submitted about the aviation activities included in Annex I to the EC Directive on greenhouse gas emission allowance trading that the aircraft operator has carried out in the second calendar year of the period concerned. Article 16.39j, second paragraph, second and third sentences, third, fourth and seventh paragraphs apply mutatis mutandis. The application also includes: ÿ a. data showing that the criteria referred to in the first paragraph, under a or b, have been met; b . in the case of an aircraft operator as referred to in the first paragraph, preamble and under b: data relating to the percentage increase Machine Translated by Google and the absolute growth in the number of tonne-kilometres achieved by the aircraft operator. o 3. The application is submitted no later than 30 June of the third year of the person concerned period submitted. o 4. When assessing whether an activity is not wholly or partly a is a continuation of an aviation activity previously performed by another aircraft operator, consideration is also given to aviation activities performed by aircraft operators for which the Netherlands is not an administering Member State. Artikel 16.39o o 1. The board of the emissions authority shall submit applications submitted in accordance with Article 16.39n that meet the requirements laid down in or pursuant to Article 16.39n to the Commission of the European Communities. o 2. The transmission takes place before 1 January of the fourth year of the concerned period of time. Article 16.39p o 1. Within three months after the Commission of the European Communities has taken a decision in accordance with Article 3septies, fifth paragraph, of the EC Directive on greenhouse gas emission allowance trading, the board of the emissions authority calculates: ÿ the number of greenhouse gas emission allowances allocated for the period concerned from the special reserve to the aircraft operators whose applications have been submitted to the Commission of the European Communities in accordance with Article 16.39o; b . the number of greenhouse gas emission allowances that are allocated to the aircraft operators, referred to under a, for each calendar year within that period from the special reserve. o 2. The calculation takes place: ÿ a. in the case of the first paragraph, opening words and under a: by multiplying the benchmark established by the Commission of the European Communities in accordance with Article 3septies, fifth paragraph, of the EC Directive on greenhouse gas emission allowance trading, by: ÿ 1°. in the case of Article 16.39n, first paragraph, preamble and under a: the number of tonne-kilometres included in the application; ÿ 2°. in the case of Article 16.39n, first paragraph, preamble and under b: the absolute growth in tonne-kilometres above the percentage stated in that part; b . in the case of the first paragraph, opening words and under b: by dividing the number of greenhouse gas emission allowances calculated in the application of part a by the number of full calendar years remaining in the period concerned. o 3. In the case of the second paragraph, opening words and under b, the number of greenhouse gas emission allowances to be allocated to an aircraft operator in the period concerned shall not exceed one million. o 4. A pursuant to the first paragraph by the board of the emissions authority decision taken shall be published within the period referred to in that paragraph Machine Translated by Google of three months. The decision is also notified by notification in the Government Gazette. Article 16.39q Unallocated greenhouse gas emission allowances in the special reserve are auctioned by Our Minister. Artikel 16.39r When applying Articles 16.39m up to and including 16.39o, the board of the emissions authority shall observe the requirements relating to the operation of the special reserve that the Commission of the European Communities has drawn up in accordance with Article 3septies, ninth paragraph, of the EC Treaty. Directive on greenhouse gas emission allowance trading. Artikel 16.39s The board of the emissions authority shall grant an aircraft operator the number of greenhouse gas emission allowances allocated to it pursuant to Article 16.39l or Article 16.39p for the year concerned no later than 28 February of a calendar year. Section 16.2.2.4. The validity of greenhouse gas allowances, surrendering greenhouse gas allowances, emission reduction units and certified emission reductions, canceling greenhouse gas allowances and offsetting emissions in another calendar year Artikel 16.39t o 1. An aircraft operator surrenders at least a number of greenhouse gas emission allowances in respect of each calendar year before 1 May of the following calendar year, which corresponds to the amount of the emission during the first-mentioned calendar year as included in Annex I to the EC Directive on greenhouse gas emission allowance trading aviation activities for which that aircraft operator is responsible and which took place on or after 1 January 2012. o 2. Article 16.37, second paragraph, applies mutatis mutandis. Artikel 16.39u o 1. In compliance with Article 16.39t, first paragraph, an aircraft operator can surrender emission reduction units or certified emission reductions instead of greenhouse gas emission allowances. Article 16.37a, second paragraph, applies mutatis mutandis. o 2. The first paragraph applies as long as the number of emission reduction units or certified emission reductions does not exceed the following percentage: ÿ with regard to the period referred to in Article 16.39j, first paragraph, under a: 15% of the number of greenhouse gas emission allowances that the aircraft operator must surrender pursuant to Article 16.39t, first paragraph; b . for later periods: the Commission of the European Communities prior to the period concerned in accordance with the second and third subparagraphs of Article 11bis, paragraph 1bis, of the Machine Translated by Google EC Directive on greenhouse gas emission allowance trading percentage. o 3. Article 16.37b, second paragraph, preamble and under b, shall apply mutatis mutandis application. Article 16.39v Articles 16.36 and 16.38 apply mutatis mutandis. Artikel 16.39w If an aircraft operator, in compliance with Article 16.39t, first paragraph, has surrendered fewer greenhouse gas emission allowances, emission reduction units or certified emission reductions than correspond to the amount of the emission that it caused during the relevant calendar year, the number of greenhouse gas emission allowances that it has in the must surrender the following calendar year in implementation of that paragraph, increased by operation of law by the number of greenhouse gas emission allowances, emission reduction units or certified emission reductions that he had surrendered too little. Section 16.2.3. The transition of greenhouse gas allowances and other units Article 16.40 o 1. A greenhouse gas emission allowance that has been issued in accordance with the EC Regulation on the registry for greenhouse gas emission allowance trading is eligible for transfer if all persons involved in the transfer have an account in their name in the registry for greenhouse gas emission allowance trading or in a registry established by the relevant Member State of the European Union in accordance with the EC Regulation on the Register of Trade in greenhouse gas emission allowances has been established. The first sentence applies mutatis mutandis to greenhouse gas emission allowances that have been issued in another Member State of the European Union in accordance with the EC regulation on the registry of greenhouse gas emission allowance trading. o 2. By order in council, greenhouse gas emission allowances that originate in countries other than the Member States of the European Union may be designated as greenhouse gas emission allowances that can be transferred or acquired by a person in whose name the registry for greenhouse gas emission allowance trading or in a registry that an account has been established by the Member State of the European Union concerned in accordance with the EC Regulation. o 3. A greenhouse gas emission allowance is also susceptible to other transitions. The first and second paragraphs apply mutatis mutandis. Article 16.41 o 1. The delivery required for the transfer of a greenhouse gas emission allowance is made by: ÿ a. debit of the greenhouse gas emission allowance from the account that is held in the registry for greenhouse gas emission allowance trading or in a registry that is registered by the relevant Member State of the European Union in accordance with the EC Regulation Machine Translated by Google greenhouse gas emission allowances has been established, is in the name of the person transferring the greenhouse gas emission allowance, and b . crediting to an account in a register as referred to under a, which is in the name of the person who acquires the greenhouse gas emission allowance. o 2. The first paragraph applies mutatis mutandis to any transfer other than transfer. o 3. Any transfer other than transfer only works towards third parties after the board of the emissions authority has registered the transfer. Article 16.42 o 1. Nullity or nullification of the agreement leading to the transfer direction, or lack of authority of the transferring party, after completion of the transfer, shall not affect the validity of the transfer. o 2. Any reservation with regard to the transfer has been worked out at the time the transfer has been made. o 3. Contrary to Article 228 of Book 3 of the Dutch Civil Code, no right of pledge can be established on a greenhouse gas emission allowance. o 4. No right of usufruct may be granted on a greenhouse gas emission allowance established. o 5. A greenhouse gas emission allowance is not subject to attachment. Article 16.42a o 1. Articles 16.40, first and fourth paragraph, 16.41 and 16.42 are of Apply mutatis mutandis to the transition of emission reduction units, certified emission reductions, assigned units and removal units. o 2. Insofar as it concerns the transfer of emission reduction units, certified emission reductions, allocated units and removal units, for the purposes of Articles 16.40, first paragraph, and 16.41, first paragraph, under «a register that is maintained by the Member State concerned of the European Union registry established in accordance with the EC Regulation, a registry for trading in greenhouse gas emission allowances, including: a registry established in accordance with Article 7(4) of the Kyoto Protocol and the decisions taken in accordance with that protocol by a registry established in Annex I to the Framework Convention of United Nations Party on Climate Change which has ratified the Kyoto Protocol, as specified in paragraph 7 of Article 1 of that Protocol. Division 16.2.4. Registration of greenhouse gas emission allowances and other units Article 16.43 o 1. There is a registry for the trading of greenhouse gas emission allowances, as referred to in the EC Regulation on the registry for trading in greenhouse gas emission allowances. o 2. The board of the emissions authority is designated as the competent authority as referred to in the EC regulation on the registry of greenhouse gas emission allowance trading. o 3. The board of the emissions authority performs the tasks it has as competent authority for the registry for greenhouse gas emission allowance trading Machine Translated by Google in accordance with the EC Regulation, the registry for greenhouse gas emission allowance trading and ensures that the registry complies with the requirements imposed on it pursuant to the EC Regulation on the registry of greenhouse gas emission allowance trading. o 4. As a registry administrator as referred to in Article 2(q) of the EC Regulation on the registry of greenhouse gas emission allowance trading is designated an employee of the emissions authority designated by decision of the board of the emissions authority. A decision as referred to in the first sentence shall be announced by publication in the Government Gazette. o 5. Our Minister is designated as the relevant body and relevant body as referred to in the EC Regulation on the registry of greenhouse gas emission allowance trading. o 6. In the registry for greenhouse gas emission allowance trading, in addition to greenhouse gas emission allowances also emission reduction units, certified emission reductions, allocated units and removal units are recorded. Article 16.44 o 1. Anyone can own greenhouse gas emission allowances, emission reduction units, certified emission reductions, allocated units and removal units. o 2. Notwithstanding the first paragraph, the possession of: ÿ a. provisionally certified emission reductions as referred to in Article 2, under s, of the EC Regulation on the Register of Greenhouse Gas Emission Allowance Trading (tCER); b . long-term certified emission reductions as referred to in Article 2(t) of the EC Regulation on the Register of Greenhouse Gas Emission Allowance Trading (ICER). Article 16.45 Our Minister may lay down rules for the implementation of the EC regulation on the registry of greenhouse gas emission allowance trading. Article 16.46 [Repealed as of 16-03-2007] Division 16.2.5. Consent to participate in project activities Article 16.46a For the purposes of this Section and the provisions based on it, project participant is understood to mean: person who submits a request for consent as referred to in Article 16.46b, third paragraph, or Article 16.46c, third paragraph, in conjunction with Article 16.46b, third paragraph, submits. Article 16.46b o 1. This article applies to project activities under the clean development mechanism referred to in Article 12 of the Kyoto Protocol (CDM). Machine Translated by Google o 2. Our Minister approves participation in project activities as referred to in Article 12, paragraph 5, under a, of the Kyoto Protocol and the decisions taken in accordance with that protocol. o 3. The consent is granted at the request of the project participant if: ÿ a. the project participant's participation in the project activity complies with the requirements of the Kyoto Protocol and the decisions taken pursuant to that protocol for that participation; b . as far as project activities for the generation of electricity from hydropower with a generating capacity of more than 20 MW: the guidelines of the World Commission on Dams as referred to in Article 11ter, paragraph 6, of the EC Directive on greenhouse gas emission allowance trading are observed in the project activity and its implementation. o 4. Further rules may be laid down with regard to the third paragraph by order of Our Minister. o 5. Consent may be refused if: ÿ a. the requirements referred to in the third paragraph, under a, or, insofar as applicable, under b have not been met; b . it has become apparent that in the execution of another project activity in which the project participant is or was involved and for which Our Minister has already given approval, the requirements set out in the third paragraph with regard to that execution have not been met. o 6. A given consent also includes the authorization of the person concerned project participant, to the extent that such authorization is required under Article 12(9) of the Kyoto Protocol and the decisions taken in accordance with that Protocol. If the first sentence applies, it will be stated in the decision on the request that the consent also includes the authorization. o 7. Rules may be laid down by regulation of Our Minister with with regard to the request for consent, the information to be provided with the request and the documents to be submitted. o 8. It may be determined by regulation of Our Minister that a fee is due for the granting of consent. In that case, that regulation will also lay down further rules with regard to the amount of the compensation and the way in which it must be paid. o 9. Our Minister shall submit information in his possession about project activities which he has consented to, is available to the public. Article 10 of the Government Information (Public Access) Act applies mutatis mutandis. Article 16.46c o 1. This article applies to project activities under the joint implementation mechanism, as referred to in Article 6 of the Kyoto Protocol (JI), which are implemented outside the Netherlands or outside the Dutch exclusive economic zone. o 2. Our Minister of Economic Affairs agrees to participate in project activities as referred to in Article 6, paragraph 1, under a, of the Kyoto Protocol and the decisions taken in accordance with that protocol. o 3. Article 16.46b, third to ninth paragraph, is of corresponding applicable, on the understanding that for the purposes of Article 16.46b, sixth Machine Translated by Google paragraph, instead of "Article 12, paragraph 9, of the Kyoto Protocol" read: Article 6, paragraph 3, of the Kyoto Protocol. Title 16.3. Nitrogen oxides and NOx emission rights Division 16.3.1. General Article 16.47 o 1. This title applies to establishments containing one or more NOx installations. o 2. An emission of nitrogen oxides into the air is expressed in kilograms. o 3. Article 16.2, third paragraph, applies mutatis mutandis. Article 16.48 Establishments as referred to in Article 16.47(1) also include establishments within the Dutch exclusive economic zone. Division 16.3.2. license Article 16.49 o 1. Without prejudice to Article 16.5, second paragraph, it is prohibited without a permit from the board of the emissions authority: ÿ a. to have an establishment in operation; b . alter a facility or alter its operation in such a way as to have a significant impact on the emission of nitrogen oxides into the air; ÿ c. radically change the monitoring plan applicable to the facility concerned. o 2. The provisions of or pursuant to Articles 16.6 to 16.22 inclusive apply mutatis mutandis, with the exception of Article 16.6, paragraph 3, second sentence, Article 16.12, paragraph 3, and Article 16.14, paragraph 3, second sentence, and with provided that: ÿ a. Article 16.6, second paragraph, Article 16.12, first paragraph, under a and b, under 1°, and second paragraph, under b, and Article 16.13, first paragraph, do not relate to the use of raw materials; b . insofar as the number of NOx emission allowances, referred to in that article, is determined per unit of product in the order in council pursuant to Article 16.50: Article 16.6, second paragraph, Article 16.12, first paragraph, under a and b, under 1°, and second paragraph, under b, and Article 16.13, paragraph 1, also relate to production; ÿ c. for the purposes of Article 16.17, instead of "on the basis of the requirements referred to", it is read "on the basis of a reasonable estimate"; d . the board of the emissions authority may determine, if data are officially established pursuant to Article 16.17, that these data apply from 30 April of the calendar year following the year to which those data relate. o 3. The license establishes the maximum number of NOx emission allowances that may be transferred per transfer in a calendar year. Machine Translated by Google o 4. Rules are laid down by order in council with regard to the way in which the sales ceiling is determined. Division 16.3.3. The origin of NOx emission rights Article 16.50 In the interest of the protection of the environment or for the implementation of a treaty binding on the Netherlands or a decision of an international organization binding on the Netherlands, rules may be laid down by order in council regarding the number of NOx emission allowances for a period specified in the order. that the person who operates an establishment builds up in a calendar year per unit of fuel consumed in the NOx installation declared in the measure, or, in cases indicated in the measure, per unit of product declared in the measure that is used in the NOx installation manufactured. Division 16.3.4. The surrender of NOx allowances, the offsetting of emissions in another calendar year and the validity of NOx allowances Article 16.51 o 1. The person who operates an establishment must surrender at least a number of NOx emission allowances for each calendar year that falls within a period as referred to in Article 16.50, before 1 May of the following calendar year , which corresponds to the quantity of the emission of nitrogen oxides produced by the establishment in the first calendar year referred to. o 2. Without prejudice to the first paragraph, the holder of a license pursuant to Article 16.49, first paragraph, or Article 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, with regard to each calendar year that falls within a period as referred to in Article 16.50, on 1 May of the following calendar year a balance of zero or more NOx emission allowances relating to the first-mentioned calendar year is in his account, as referred to in Article 16.60, first paragraph. o 3. For the purposes of the first paragraph, the data included in this regard in the emissions report that is included in the emissions report, and the number of NOx emission allowances, as referred to in Article 16.50, are taken into account to determine the amount of the emission as referred to in that paragraph. the person who operates the establishment has submitted in accordance with Article 16.12, first paragraph, under b, in connection with Article 16.49, second paragraph, with regard to that calendar year, or the information that has been ex officio in accordance with Article 16.17 in connection with Article 16.49, second paragraph. established. o 4. If Article 16.49, second paragraph, under c, has been applied, the board of the emissions authority may, in deviation from the first paragraph, surrender NOx emission allowances in the name of the person who operates the installation. Article 16.52 applies mutatis mutandis. The date of submission is 30 April of the calendar year referred to in Article 16.49, second paragraph, under c. Article 16.52 The number of NOx emission allowances that the person operating an establishment may surrender for any calendar year in compliance with the provisions of Article 16.51, first paragraph, is determined by: Machine Translated by Google o a. to add up: ÿ 1°. the number of NOx emission allowances that he has accrued with regard to the calendar year on the basis of Article 16.50, ÿ 2°. the number of NOx allowances that he has with regard to the calendar year, if the transfer has been registered in accordance with Article 16.57, ÿ 3°. the number of NOx allowances that are issued in relation to the calendar year has been transferred to him other than by transfer, if the transfer has been registered in accordance with Article 16.57, and ÿ 4°. the number of NOx emission allowances that he has for the benefit of the calendar year pursuant to Article 16.53, paragraph 1, if the rights concerned have been registered in accordance with Article 16.59, paragraph 2, and oh b. the number of NOx emission allowances calculated in accordance with subparagraph a reduce with: ÿ 1°. the number of NOx allowances that it has transferred in respect of the calendar year, if the transfer has been registered in accordance with Article 16.57, ÿ 2°. the number of NOx allowances that are issued in relation to the calendar year has been transferred from him to another person other than by transfer, if the transfer has been registered in accordance with Article 16.57, ÿ 3°. the number of NOx emission allowances that he will surrender pursuant to Article 16.53, first paragraph, under a, for the following calendar year, if the allowances concerned have been registered in accordance with Article 16.59, second paragraph, ÿ 4°. the number of NOx emission allowances that he has surrendered pursuant to Article 16.53, first paragraph, under b, for the preceding calendar year, if the allowances concerned have been registered in accordance with Article 16.59, second paragraph, and ÿ 5°. the number of NOx emission allowances that it has on the basis of Article 16.54 must be submitted for the calendar year. Article 16.53 o 1. The holder of a license pursuant to Article 16.49, first paragraph, or Article 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, may, in compliance with the provisions of Article 16.51, first paragraph: ÿ a. surrender NOx emission allowances that he would be allowed to use for the benefit of a calendar year instead for the benefit of the following calendar year; b . Surrender NOx emission allowances for the benefit of a calendar year, instead of for the benefit of the following calendar year for which he would otherwise be allowed to use the allowances concerned. o 2. The first paragraph only applies insofar as the number of NOx emission allowances referred to in the first paragraph, under a or b, corresponds to a percentage to be determined by order in council of the holder, referred to in the first paragraph, does not exceed the applicable sales ceiling. Article 16.54 Machine Translated by Google o 1. If the person who operates an establishment, in compliance with the provisions of Article 16.51, first paragraph, has surrendered fewer NOx emission allowances in a calendar year than corresponds to the amount of nitrogen oxide emissions that the establishment has during that calendar year caused, the number of NOx emission allowances that he must surrender in the following calendar year in compliance with that article paragraph will be increased by operation of law by the number of NOx emission allowances that he had surrendered too few. o 2. If the holder of a license pursuant to Article 16.49, first paragraph, or Article 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, in compliance with the provisions of Article 16.51, second paragraph, with regard to a calendar year, has a negative balance of NOx emission allowances in his account, as referred to in Article 16.60, first paragraph, the number of NOx emission allowances that he must surrender in the following calendar year to comply with Article 16.51, second paragraph, is increased by operation of law. with the number of NOx emission rights that correspond to the balance deficit. Article 16.55 o 1. A NOx emission allowance is valid for the calendar year in which the has been built up on the basis of Article 16.50. o 2. Notwithstanding the first paragraph, a NOx emission allowance is in a case such as referred to in Article 16.53, first paragraph, under a or b, valid for the calendar year in which that emission allowance may be surrendered pursuant to Article 16.53, first paragraph, under a or b, respectively. Division 16.3.5. The transition of NOx allowances Article 16.56 o 1. A NOx emission allowance is with due observance of the second and third paragraphs susceptible to transfer. o 2. A NOx emission allowance can only be transferred: ÿ a. between holders of a license pursuant to Article 16.49, first paragraph, or Article 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, b . if it relates to a calendar year that falls within a period for which Article 16.50 has been applied at the time of the intended transfer, and ÿ c. insofar as the number of NOx emission allowances that the holder, referred to under a, intends to transfer with regard to a calendar year, ÿ 1°. increased by the number of NOx allowances that he has already transferred in respect of that calendar year, ÿ 2°. less the number of NOx emission allowances that he has obtained in respect of that calendar year, does not exceed the sales ceiling applicable to it as a result of the transfer. o 3. A NOx emission allowance is also subject to transfer other than transfer. The first and second paragraphs apply mutatis mutandis. Machine Translated by Google Article 16.57 o 1. The delivery required for the transfer of a NOx emission allowance takes place door: ÿ a. debit of the NOx emission allowance from the account or sub-account, referred to in Article 16.60, which is registered in the register for NOx emission allowance trading in the name of the person transferring the NOx emission allowance, and b . transfer to the account or sub-account, referred to in Article 16.60, which is registered in the register for trading in NOx emission allowances in the name of the person who acquires the NOx emission allowance. o 2. The first paragraph applies mutatis mutandis to a transfer other than Handover. o 3. Articles 16.41, third paragraph, and 16.42 apply mutatis mutandis. Division 16.3.6. Registration of NOx allowances Article 16.58 o 1. There is a registry for NOx emission allowance trading. o 2. The registry is managed by the emissions authority. o 3. The data referred to in Articles 16.51, first paragraph, and 16.52 are entered in the register for each facility on the associated account or sub-account, as referred to in Article 16.60. o 4. Our Minister may lay down rules with regard to the operation, the organisation, availability and security of the registry for trading in NOx emission allowances and opening, maintaining and closing accounts and sub-accounts, as referred to in Article 16.60. Our Minister may also lay down rules for the implementation of the second and third paragraph. Article 16.59 o 1. The emissions authority registers the transfer or other transfer of NOx emission allowances if: ÿ a. the provisions of Articles 16.56 and 16.57 are met; b . at the time of transfer or transfer it is indicated at which calendar year, referred to in Article 16.56, second paragraph, under b, relates to the NOx emission allowance. o 2. The emissions authority registers the NOx emission allowances that are submitted pursuant to Article 16.53, first paragraph, under a or b, if the provisions of or pursuant to Article 16.53 are met. Article 16.60 o 1. The board of the emissions authority opens for each holder of a license pursuant to Article 16.49, first paragraph, or Article 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, for the establishment in his name an account in the registry for trading in NOx emission allowances. o 2. At the request of the holder, the board of the emissions authority opens, referred to in the first paragraph, a partial account, which is part of the account opened for that person. Machine Translated by Google Article 16.61 oh l. It may be determined by ministerial regulation that those involved, because of the opening an account in the registry for NOx emission allowance trading or fees for maintaining such an account in accordance with the rules to be established under that scheme. o 2. In an arrangement as referred to in the first paragraph, the amount of the fee has been set, which is not higher than is necessary to cover the costs to be borne by the emissions authority for performing the work for which the fee is owed. o 3. In a regulation as referred to in the first paragraph, rules are laid down regarding: the manner in which the compensation is paid. Division 16.3.7. Other provisions Article 16.62 Within two years after the entry into force of Article I, part I, of the Act of 28 April 2005 amending the Environmental Management Act and the Economic Offenses Act for the purpose of introducing a system of trading in emission allowances with the with a view to limiting emissions of nitrogen oxides (trading in NOx emission rights) (Government Gazette 233), and then every four years, a report to the States General on the effectiveness and effects of this title in practice. • Chapter 17. Measures in special circumstances Title 17.1. Measures in the event of an unusual incident Article 17.1 If an unusual incident occurs or has occurred in an establishment, as a result of which adverse effects on the environment have arisen or threaten to arise, the person who operates the establishment shall immediately take the measures that can reasonably be expected of him to prevent the consequences of that event. to prevent or, insofar as those consequences cannot be prevented, to limit and reverse them as much as possible. Article 17.2 o 1. The person who operates an establishment in which an incident, as referred to in Article 17.1, occurs or has occurred, reports the incident as soon as possible to the administrative authority authorized to grant an environmental permit for an establishment, or pursuant to Article 8.41 , second paragraph, under a is the body to which the report is addressed or, in other cases, to the , mayor and aldermen. o 2. He also provides that administrative body, as soon as they are known, with the data regarding: ÿ a. the causes of the incident and the circumstances under which the incident occurred; Machine Translated by Google b . the substances released as a result of the incident, as well as their properties; ÿ c. other information relevant to assessing the nature and severity of the environmental impact of the occurrence; d . the measures that have been taken or are being considered to prevent, limit or reverse the consequences of the incident; ÿ e. the measures envisaged to prevent such an occurrence from occurring again. o 3. The administrative authority that receives a report as referred to in the first or second paragraph shall immediately notify the following of that report and the information provided with it: ÿ a. the mayors of the municipalities concerned; ÿ b. of inspector; ÿ c. the chairmen of the safety regions concerned in cases where the consequences of the incident occur or may occur outside the boundaries of the municipality where the establishment is wholly or mainly located; d . the provincial executive of the province concerned in cases where the incident results in pollution or damage to the soil; ÿ e. other administrative bodies or government departments that have a direct interest in immediate communication. o 4. The competent authority may, for categories of occurrences as referred to in Article 17.1, of which the adverse effects on the environment are not significant, lay down regulations that deviate from the obligation referred to in the first paragraph. These regulations may provide that the categories of occurrences indicated therein are reported or registered within a certain period. The regulations are laid down in an environmental permit for an establishment or, if rules apply to the establishment pursuant to Article 8.40, in a decision. Notice of the latter decision is given by notice in one or more daily, news or free local papers. o 5. If the fourth paragraph has been applied, the second and third paragraphs, as well as Articles 17.3, 17.4 and 17.5 do not apply. o 6. The administrative authority that receives a report as referred to in the fourth paragraph shall notify the inspector of that report. Article 17.3 The competent authority ensures that the necessary data is collected to analyze an unusual incident as referred to in Article 17.1 and to determine its causes. In order to prevent a repetition, it will amend the environmental permit if necessary or, if possible, make recommendations accordingly. Article 3.15, paragraph 3, of the General Provisions for Environmental Law Act applies mutatis mutandis with regard to a decision to amend an environmental permit. Article 17.4 Machine Translated by Google o 1. If this is necessary due to an unusual occurrence, one or more of the following obligations or the following prohibition may be imposed in the interest of the protection of the environment on the person in whom waste materials are generated or present, which are designated in the decision to that effect: ÿ an obligation to separate these waste materials and to keep them separate from other substances and waste materials; b . an obligation to deliver that waste separately when they dispose of it; ÿ c. an obligation to recover or dispose of that waste at the location where it originated in a manner specified in the decision; d . a prohibition to keep the waste for longer than a period specified in the decision; ÿ e. an obligation to deliver that waste to a person belonging to a category designated by the decision, or to bring it to a place designated for that purpose. o 2. An obligation or prohibition as referred to in the first paragraph may be imposed: a. insofar as the obligation or prohibition relates to an establishment: ÿ by the administrative authority that, pursuant to the provisions of or pursuant to Article 2.4 of the General Provisions for Environmental Law Act, is the competent authority for the environmental permit for the establishment, or, if for the establishment rules apply pursuant to Section 8.40 by the administrative authority to which a notification as referred to in Section 8.41(1) in respect of that establishment should be made or, in other cases, by the mayor and aldermen; b . in other cases: by the provincial executive. o 3. The administrative authority referred to in the second paragraph may, by decision indicate within what period and how the obligation must be fulfilled. Article 17.5 o 1. Our Minister may request the competent administrative authority to apply Article 17.4, first paragraph, in the manner indicated therein, within a period specified by him. o 2. If the urgency required does not permit such a request or the competent administrative authority has not complied with the request within the specified period, Our Minister shall apply Article 17.4, first paragraph. Title 17.1A. Measures regarding waste facilities Artikel 17.5a o 1. If an event occurs that may affect the stability of a waste facility, or if control and monitoring procedures relating to that facility show that adverse effects on the environment have arisen or are likely to arise, the party responsible for the waste facility, as soon as possible, in any case within 48 hours, to the administrative body that is authorized to issue an environmental permit for that Machine Translated by Google to provide equipment. Article 17.2, paragraphs 2 and 3, shall apply mutatis mutandis. o 2. By or pursuant to an order in council, categories of designated waste facilities to which this title does not apply pursuant to Article 2, third paragraph, of the Extractive Waste Management Directive. Article 17.5b If the situation referred to in Article 17.5a, first paragraph, relates to a category A waste facility, the person operating the waste facility shall immediately implement the internal emergency plan prescribed for that waste facility. Article 17.5c o 1. The competent authority can give instructions with regard to taking the necessary preventive or remedial measures. o 2. The party who operates the waste facility will follow the instructions referred to in the first paragraph and bear the costs of the preventive or remedial measures taken. o 3. The competent authority can itself take any necessary preventive or remedial measures or entrust the implementation thereof to third parties. o 4. A decision as referred to in the third paragraph is made in writing. The written decision is a decision. o 5. In the event that the competent authority takes measures itself or assigns the implementation thereof to third parties, it will recover the costs from the person who carries out the activities. Article 5:26 of the General Administrative Law Act applies mutatis mutandis. o 6. Article 17.5 applies mutatis mutandis. Article 17.5d This title applies mutatis mutandis to closed waste facilities, with the exception of those closed waste facilities in respect of which the competent authority is charged with the aftercare referred to in Article 8.49. Title 17.2. Measures in the event of environmental damage or an imminent threat thereof Article 17.6 o 1. In this title and the provisions based on it, the following definitions apply: activity: activity carried out professionally or commercially, irrespective of its public or private, profitable or non-profitable character; protected species: species as referred to in Article 2, third paragraph, under a, of EC Environmental Liability Directive; the person carrying out the activity: the natural person or the legal person under private or public law who carries out or has performed, regulates or has arranged the activity, or to whom decisive economic control over the technical functioning of the activity has been transferred, Machine Translated by Google including the holder of a license or authorization to carry out the activity and the person who has or has registered the activity or who makes or has notified it; ecosystem functions: functions that natural resources perform for the benefit of other natural resources or the public; EC Environmental Liability Directive: Directive no. 2004/35/EC of the European Parliament and the Council of the European Union of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJEU L 143); Restorative measures: measures or a combination of measures, including containment or interim measures, aimed at restoring, rehabilitating or replacing degraded natural resources or ecosystem functions, or at providing an equivalent alternative to resources or functions as referred to in Annex II to EC - Environmental Liability Directive; costs: costs associated with the application of preventive measures or remedial measures, including estimation costs of environmental damage, imminent threat of such damage and alternative measures, as well as administrative, legal and enforcement costs, costs of data collection and other overheads, and the costs associated with monitoring and supervision; environmental damage: ÿ 1°. any form of damage to protected species or natural habitats which, having regard to the reference status and the criteria of Annex I to the EC Environmental Liability Directive, has a significant negative effect on the achievement or maintenance of the favorable conservation status of these species or habitats; ÿ 2°. any damage to water that has a significant negative affects the ecological, chemical or quantitative status or ecological potential, as defined in the Water Framework Directive, of the waters concerned, with the exception of the negative effects to which Article 4, seventh paragraph, of that Directive applies; ÿ 3°. any form of soil contamination that poses a significant risk means for negative effects on human health, whereby substances, preparations, organisms or micro-organisms have been placed directly or indirectly on, in or under the soil; environmental damage or an imminent threat thereof: environmental damage or a sufficient probability that environmental damage will occur in the near future; natural habitats: habitats of the species as referred to in Article 2(3)(b) of the EC Environmental Liability Directive; natural regeneration: Machine Translated by Google ÿ 1°. in the case of damage to water bodies, protected species or natural habitats: the return of degraded natural resources and ecosystem functions to baseline status; ÿ 2°. in case of soil contamination: the disappearance of a significant danger of an adverse effect on human health; natural resources: protected species, natural habitats, waters or soils; preventive measures: measures taken as a result of an event, act or negligence resulting in an imminent threat of environmental damage, in order to prevent or minimize that damage; reference state: the state in which the natural resources or ecosystem functions would have been at the time of the damage if no environmental damage had occurred, reconstructed on the basis of the best available information; damage: measurable negative change in natural resources or damage to an ecosystem function, which occurs directly or indirectly; conservation status: conservation status as referred to in Article 2(4) of the EC Environmental Liability Directive; waters: waters to which the Water Framework Directive applies. o 2. Contrary to the provisions of Article 1.1, in this title and the provisions based on it, emissions are understood to mean: the release of substances, preparations, organisms or micro-organisms into the environment as a result of human activities. o 3. An amendment to one of the appendices to the EC Directive on environmental liability shall apply for the purposes of this title and the provisions based on it from the day on which the amendment concerned must have been implemented, unless by ministerial decree that the Government Gazette is published, another time is determined. Article 17.7 This title applies to: o a. environmental damage or an immediate threat thereof that is caused door: ÿ 1°. activities as referred to in Annex III to the EC Environmental Liability Directive; ÿ 2°. other activities designated by order in council; oh b. environmental damage to protected species or natural habitats or an imminent threat thereof caused by another Machine Translated by Google activity than referred to under a, subsection 1°, if the person carrying out the activity can be blamed for fault or negligence. Article 17.8 Notwithstanding Article 17.7, this title does not apply to: o a. environmental damage or an immediate threat thereof as a result of: ÿ 1°. an act of war, hostilities, civil war or riot; ÿ 2°. a natural phenomenon that is exceptional, inescapable and unavoidable; ÿ 3°. an event for which liability or compensation falls within the scope of one of the conventions referred to in Annex IV to the EC Environmental Liability Directive, to which the Netherlands is bound; ÿ 4°. nuclear risks or any activity to which the Treaty establishing the European Atomic Energy Community applies; ÿ 5°. an activity or event for which liability or compensation falls within the scope of one of the conventions listed in Annex V to the EC Directive on environmental liability; ÿ 6°. an activity that mainly serves the national defense or serves international security, or ÿ 7°. an activity the sole purpose of which is to provide protection against natural disasters; oh b. environmental damage to protected species or natural habitats consisting of the pre-determined negative effects of activities licensed by the competent authority: ÿ 1°. in accordance with provisions implementing Article 6, paragraphs 3 and 4, or Article 16 of Directive No 92/43/EEC of the Council of the European Communities of 21 May 1992 on the conservation of natural habitats and wild flora and fauna, Article 9 of Directive No 79/409/EEC of the Council of the European Communities of 2 April 1979 on the conservation of wild birds, or, ÿ 2°. in the case of species or habitats not covered by Community law, in accordance with the provisions of or pursuant to Articles 3, 4 and 5 of the Flora and Fauna Act or Articles 10 and 10a of the Nature Conservation Act 1998; o c. environmental damage or an imminent threat thereof caused by an emission or event: ÿ 1°. which took place before 30 April 2007, ÿ 2°. that occurred after April 30, 2007, if the damage is the result of a specific activity that took place and ended before that date, or ÿ 3°. that took place more than 30 years ago. Article 17.9 o 1. If the activity causing the environmental damage or an imminent threat thereof is carried out within an establishment or within the framework of Machine Translated by Google of the establishment, change or operation of an establishment, the administrative authority authorized to grant an environmental permit for an establishment, or the administrative authority referred to in Article 18.2, is the competent authority. o 2. Notwithstanding the first paragraph, if the environmental damage or an imminent threat thereof relates wholly or mainly to waters, the competent authority is the administrative body under which the waters concerned are managed. o 3. If the activity causing the environmental damage or an imminent threat thereof is performed outside an establishment, the competent authority is insofar as the environmental damage or an imminent threat thereof relates to: ÿ the soil: the administrative body referred to in Section 95, subsections 3 and 4, of the Soil Protection Act; b . protected species: the administrative authority referred to in Article 112 of the Flora and Fauna Act; ÿ c. natural habitats: the administrative body referred to in Article 16, 19d or 57 of the Nature Conservation Act 1998; d . waters: the administrative body in which the waters concerned are managed to be. o 4. Notwithstanding paragraphs 1 to 3, Our Minister is the competent authority if the activity causing environmental damage or an imminent threat thereof relates to genetically modified organisms. o 5. If, in the event of environmental damage or an imminent threat thereof, more than one administrative authority has been designated as the competent authority, or if powers have been assigned to another administrative authority by or pursuant to this or another Act, these administrative authorities shall consult in good time in order to to promote the best possible coordination between the decisions to be taken or the measures to be taken. The administrative bodies mutually agree on which body is responsible for the coordination. o 6. If, in the event of environmental damage or an imminent threat thereof, more than one administrative body has been designated as the competent authority, a request as referred to in Article 17.13, paragraph 6, or Article 17.15, paragraph 1, will be dealt with in a coordinated manner. When deciding on such a request, account will be taken of the interdependence between the decisions made on this request. o 7. If, in the event of environmental damage or an imminent threat thereof, powers have been assigned to the competent authority by or pursuant to this or another Act, the competent authority shall apply this title without prejudice to those powers and shall ensure that, insofar as it also implements the said powers, there is no conflict with the provisions of or pursuant to this title. Article 17.10 o 1. The competent authority may authorize the person who carries out an activity that causes environmental damage or an imminent threat thereof: ÿ a. require to provide information about an imminent threat of environmental damage or in cases where such a threat is suspected; Machine Translated by Google b . oblige to provide additional data on any environmental damage that has occurred; ÿ c. oblige to take the necessary preventive or remedial measures; d . give instructions with regard to the measures referred to under c. o 2. The competent authority may itself take any measure as referred to in Article 17.13, first paragraph, as well as take the necessary preventive or remedial measures or entrust their implementation to third parties. o 3. A decision as referred to in the first paragraph, under c, or the second paragraph, shall be in writing. The written decision is a decision. Notification of the decision shall be made to the administrative bodies or government services referred to in Article 17.2, third paragraph. Article 17.11 The person entitled to the place where the activity is carried out or where the environmental damage or an imminent threat thereof occurs is obliged to tolerate the taking of preventive or remedial measures as referred to in this title, without prejudice to his right to compensation. Article 17.12 o 1. If an activity creates an immediate threat of environmental damage, the person performing the activity immediately takes the necessary preventive measures. o 2. He informs the competent authority as soon as possible about all relevant aspects of the situation. If the imminent threat of environmental damage has not ended despite the preventive measures referred to in the first paragraph, the person carrying out the activity shall provide additional information about the situation. Article 17.2, second paragraph, applies mutatis mutandis. o 3. The competent authority shall immediately inform the administrative bodies or government services referred to in Article 17.2, third paragraph. o 4. The competent authority obliges the person carrying out the activity to immediately take the necessary measures. o 5. The competent authority informs interested parties, respectively the administrative bodies or government services, as referred to in Article 17.2, third paragraph, the opportunity to put forward their views or to give advice on the draft decision to be taken, as referred to in the fourth paragraph, unless the situation is so urgent that a opinion or advice cannot be awaited. o 6. The competent authority will take into account the views expressed in the decision, as referred to in the fourth paragraph, and will take the advice issued into account when making that decision. Notification of the decision shall be made to the administrative bodies or government services referred to in Article 17.2, third paragraph. Article 17.13 o 1. If environmental damage is caused by an activity, the person carrying out the activity shall take every feasible measure to immediately control, contain, remove or otherwise control the pollutants or other damage factors concerned, in order to prevent further environmental damage and Machine Translated by Google prevent or limit negative effects on human health or further impairment of functions. o 2. He informs the competent authority as soon as possible about all relevant aspects of the situation. Article 17.2, second paragraph, applies mutatis mutandis. o 3. The competent authority immediately informs the administrative authorities or government services, as referred to in Article 17.2, third paragraph, as well as in the event that the environmental damage occurs or may occur outside the borders of the Netherlands Our Minister. o 4. After receiving the information as referred to in subsection 3, Our Minister will inform the government of the country concerned or an authority or body to be designated by that government. o 5. The competent authority obliges the person carrying out the activity to immediately take the necessary measures. Article 17.12, fifth and sixth paragraph, applies mutatis mutandis. o 6. The party carrying out the activity determines potential remedial measures in accordance with Annex II to the EC Directive on environmental liability and submits these to the competent authority for approval. Article 17.14 o 1. The competent authority determines who performs the activity by which environmental damage or the imminent threat thereof, as well as the extent of the environmental damage. Article 17.13, paragraphs 3 and 4, shall apply mutatis mutandis. o 2. If it cannot be established who performs the activity by which the environmental damage or the imminent threat thereof is caused, the competent authority shall decide whether it will take measures pursuant to the provisions of this title. Article 17.10, third paragraph, applies mutatis mutandis. o 3. The competent authority will decide on a request for consent as referred to in Article 17.13, paragraph 6, which remedial measures will be taken by the person carrying out the activity in accordance with Annex II to the EC Directive on environmental liability. The competent authority may require that an assessment of the extent of the damage be provided with or in addition to this request. o 4. If several cases of environmental damage occur and the necessary remedial measures cannot be taken simultaneously, the competent authority will decide which damage will be repaired first. o 5. The competent authority shall keep the decision referred to in the second, third and fourth paragraph, in any case, the nature, extent and seriousness of the environmental damage, and the possibility of endangering human health and natural regeneration. Article 17.12, fifth and sixth paragraphs, shall apply mutatis mutandis to this decision. Article 17.15 o 1. Stakeholders, as well as administrative bodies or government services, referred to in Article 17.2, third paragraph, in the event of environmental damage or an imminent threat thereof, the competent authority may request a decision to take measures as referred to in Article 17.10, third paragraph, 17.12, fourth paragraph, or 17.13, fifth paragraph. , to give. Machine Translated by Google o 2. Our Minister may, if this is necessary in the interest of the protection of the environment and if, in the event of environmental damage or an imminent threat thereof, the provincial executive, mayor and aldermen or the executive board of a water board request that this administrative authority applies Article 17.12, fourth paragraph, 17.13, fifth paragraph, or 17.14, first, second and third paragraph, within a period to be set by it. Articles 5.24, second and third paragraph, and 5.25 of the General Provisions Environmental Law Act apply mutatis mutandis. Article 17.16 o 1. The person who carries out the activity that causes environmental damage or a immediate threat thereof, bears the costs for the preventive or remedial measures taken, unless he proves that the environmental damage or the imminent threat thereof: a. was caused by a third party despite appropriate security measures ÿ taken by him, or b . is the result of the follow-up of a mandatory order or instruction from an administrative body, not being an order or instruction in response to an emission or event caused by itself. o 2. In the event that the competent authority itself takes measures or assigns it to third parties, it will recover the costs from the person who carries out the activity. The competent authority determines the amount of the costs owed by decision. The competent authority can collect the costs by writ of execution. o 3. The competent authority may waive cost recovery if: ÿ a. the recovery costs are greater than the amount to be recovered, or b . it cannot be determined who is carrying out the activity. o 4. With regard to remedial measures taken pursuant to this title, the competent authority may wholly or partially waive the recovery of costs, insofar as these costs should not reasonably be borne or not wholly at the expense of the person carrying out the activity, if the person carrying out the activity performs the activity proves that ÿ a. he has not been in default or negligently, and b . the damage is caused by an activity, emission or event, which at the time it took place: ÿ 1°. was expressly permitted under and in full compliance with the regulations attached to a licence, or ÿ 2°. on the basis of the state of scientific and technological knowledge was not considered harmful. Article 17.17 The right to recover costs in respect of measures taken under this Title shall expire five years after the full completion of those measures or after the identification of the person causing the environmental damage or imminent threat thereof, whichever is the later. . Machine Translated by Google Article 17.18 The competent authority shall provide Our Minister with the information he needs to implement the reporting obligation imposed in Article 18 of the EC Directive on environmental liability. Further rules may be laid down in this regard by ministerial regulation. Title 17.3. Measures in case of danger from substances, preparations or genetically modified organisms Article 17.19 o 1. If, in the opinion of Our Minister, substances, preparations or genetically modified organisms, or actions with them, present an intolerable danger to human health or the environment, he can, if necessary with the help of his strong arm, take all take any measures it deems necessary in the interest of protecting human health and the environment. o 2. The measures referred to in the first paragraph may include: ÿ a. the complete or partial cessation of the manufacture or import into the Netherlands of substances, preparations or genetically modified organisms or products containing them; b . seizing and, if necessary, destroying substances, preparations or genetically modified organisms or products containing them; ÿ c. to prevent certain areas from being entered without permission from Our Minister or from animals, plants or goods being brought in or out without such permission; d . the removal of persons, animals, plants or goods from certain areas. o 3. Our Minister takes a measure pursuant to the first paragraph agreement with Our Ministers concerned, unless the required urgency dictates otherwise. In the latter case, Our Minister will subject the measure to the judgment of the Council of Ministers as soon as possible. If the latter does not agree with the measure, Our Minister shall immediately withdraw it. o 4. Our Minister shall give notice of a measure pursuant to the first paragraph and of the withdrawal thereof in the Government Gazette, as well as in such a way that the measure, or the withdrawal thereof, is notified to the parties concerned as soon as possible. o 5. An act contrary to a measure taken pursuant to the first paragraph is forbidden. • Chapter 18. Enforcement Article 18.1 [Repealed on 01-07-2009] Article 18.1a Machine Translated by Google o 1. Articles 5.3 to 5.16 and Articles 5.18 to 5.26 of the The General Provisions of Environmental Law Act apply with regard to the enforcement of the provisions of or pursuant to this Act. o 2. Article 18.18 of this Act and Articles 5.3 to 5.16 and Articles 5.18 to 5.26 of the General Provisions for Environmental Law Act apply mutatis mutandis with regard to the enforcement of the provisions of or pursuant to: ÿ a. the EC Waste Shipment Regulation; ÿ b. of EG-verordening PRTR; ÿ c. the EC Regulation on the Registration, Evaluation and Authorization of Chemicals; d . the EC regulation on classification, labeling and packaging of substances and mixtures. o 3. Contrary to the first paragraph, Article 5.15, opening words and under b, of the General Provisions Environmental Law Act does not apply insofar as it concerns the enforcement of the provisions under or pursuant to Chapter 16. o 3. This chapter does not apply to the regulation referred to in Article 15.53, insofar as a disciplinary measure as referred to in the Business Organization Disciplinary Law Act 2004 can be imposed. o 4. The power to apply administrative enforcement pursuant to Article 5.15 of the General Provisions for Environmental Law Act includes the management of waste in the Netherlands by or on behalf of the competent administrative authority in cases in which the waste is in conflict with the waste transfer under or pursuant to the EC Waste Shipment Regulation or title 10.7, are brought into or out of Dutch territory. Article 18.1b The administrative body referred to in Article 5.2, first paragraph, of the General Provisions for Environmental Law Act is responsible for the administrative enforcement of the provisions under or pursuant to this Act, the EC PRTR Regulation and the EC Registration Regulation, evaluation and authorization of chemicals for the person carrying out the project referred to in that paragraph, applicable regulations. Article 18.2 o 1. The administrative authority that, pursuant to Article 8.41, second paragraph, under a, is the body to which the notification is addressed, or in other cases the mayor and aldermen of the municipality in which the establishment is wholly or mainly located or is located, have to task: ÿ a. to ensure the administrative enforcement of the regulations that apply to the person who operates the establishment on the basis of from: ÿ 1°. the provisions laid down by or pursuant to this Act and the Acts referred to in Article 13.1, paragraph 2, insofar as this is determined by or pursuant to those Acts; ÿ 2°. the EC Regulation PRTR; Machine Translated by Google ÿ 3°. the EC Regulation on the Registration, Evaluation and Authorization of Chemicals; ÿ 4°. The EC Regulation on classification, labeling and packaging of substances and mixtures; b . to collect and register data that are important for the performance of the task as referred to under a; ÿ c. to handle complaints relating to compliance with the provisions of or pursuant to the relevant laws relating to the establishment. o 2. Article 5.2, second paragraph, of the General Provisions for Environmental Law Act applies mutatis mutandis with regard to a decision as referred to in that paragraph that has been issued with regard to an establishment by the administrative authority authorized by virtue of the first paragraph. Artikel 18.2a o 1. Insofar as Article 5.2, first paragraph, under a, of the General Provisions Environmental Law Act does not apply, Our concerned Minister, the provincial executive, mayor and aldermen and the administrative body that grant permits as referred to in Article 6.2 of the Water Act is authorized to take care of the administrative enforcement of Articles 1.1a and 10.1. o 2. The provincial executive, mayor and aldermen and the administrative body authorized to grant permits as referred to in Article 6.2 of the Water Act are responsible for the administrative enforcement of the provisions of or pursuant to Articles 10.2 and 10.54. o 3. Without prejudice to Article 18.2, first paragraph, under a, Our involved The minister's task is to ensure the administrative enforcement of the provisions of or pursuant to Articles 11.2 and 11.3. Article 18.2b o 1. Our concerned Minister is responsible for ensuring the administrative enforcement of the provisions of or pursuant to Titles 9.2 to 9.5 inclusive and pursuant to Article 17.19. o 2. Our concerned Minister is also responsible for the administrative enforcement of the provisions of or pursuant to the EC Regulation on the Registration, Evaluation and Authorization of Chemical Substances and the EC Regulation on Classification, Labeling and Packaging of Substances and Mixtures. o 3. Our Minister has the task of ensuring the administrative enforcement of the obligations laid down by or pursuant to Chapter 10, insofar as they relate to: ÿ a. transfer of waste as referred to in Title 10.7; b . the collection of industrial waste or hazardous waste as referred to in Article 10.45; ÿ c. trading, brokering or transporting as referred to in Article 10.55. o 4. Our Minister is also responsible for ensuring the administrative enforcement of the obligations laid down by or pursuant to the EC Waste Shipment Regulation. Machine Translated by Google Article 18.2c o 1. The Provincial Executive has the task of ensuring the administrative enforcement of the obligations laid down by or pursuant to Chapter 10, insofar as they relate to the presence of an accompanying letter for the transport of industrial waste or hazardous waste as referred to in Article 10.44. o 2. The Provincial Executive also has the task of ensuring the administrative enforcement outside an institution of the obligations imposed pursuant to Article 17.4. Artikel 18.2d o 1. Insofar as Article 5.2, first paragraph, under a, of the General Provisions Environmental Law Act does not apply, the mayor and aldermen are responsible for the administrative enforcement of the obligations imposed by or pursuant to: ÿ a. the waste ordinance; ÿ b. article 10.29; ÿ c. article 10.52. o 2. The mayor and aldermen also have the task of ensuring the administrative enforcement outside an institution of the obligations laid down by or pursuant to Chapter 10, insofar as they relate to: ÿ a. disposing of waste water as referred to in Articles 10.30 and 10.32; b . the disposal of industrial waste or hazardous waste as referred to in Article 10.37; ÿ c. the disposal of industrial waste or hazardous waste as referred to in Article 10.51. Artikel 18.2e When performing the task referred to in Articles 18.2 to 18.2d, the environmental policy plan applicable to the relevant administrative body shall be taken into account. Article 18.2f o 1. The emissions authority is responsible for enforcing the obligations laid down in or pursuant to Chapter 16. o 2. Without prejudice to the provisions of Article 18.2b, first paragraph, the the emission authority is responsible for the administrative enforcement of the provisions of or pursuant to Articles 9.2.2.1, first paragraph, insofar as this relates to making fuels available to another party for the purpose of transport, 9.2.2.6a and 9.2.3.4, third paragraph, and title 12.4. Article 18.2g Our Minister of Economic Affairs and Our Minister of Agriculture, Nature and Environment Food quality has the task of ensuring the administrative law Machine Translated by Google enforcement of the obligations laid down by or pursuant to Title 12.3 and the EC Regulation PRTR, insofar as they have been designated as competent authorities pursuant to Article 12.21, first or second paragraph, respectively. Article 18.2h [Repealed on 01-10-2010] Artikel 18.2i The competent authority, referred to in Article 17.9, first, second, third or fourth paragraph, is responsible for the administrative enforcement of the obligations laid down by or pursuant to Title 17.2. Article 18.3 [Repealed as of 01-10-2010] Article 18.3a [Repealed on 01-10-2010] Article 18.3b [Repealed on 01-10-2010] Article 18.3c [Repealed on 01-10-2010] Article 18.3d [Repealed as of 01-10-2010] Article 18.3e [Repealed on 01-10-2010] Article 18.3f [Repealed as of 01-10-2010] Article 18.4 o 1. With the supervision of compliance with the provisions laid down by or pursuant to Chapter 16 certain officials are charged by a decision of Our Minister. o 2. With the investigation into violations as referred to in Article 18.16a, first and second paragraph, are responsible for the officials designated pursuant to the first paragraph. o 3. For the purpose of the investigation, they have the powers referred to in Articles 5:15 to 5:20 of the General Administrative Law Act. Article 18.4a [Repealed as of 01-10-2010] Article 18.5 [Repealed as of 01-10-2010] Article 18.6 [Repealed as of 01-10-2010] Article 18.6a In the event of a violation of the provisions of or pursuant to Article 16.5, first paragraph, 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, Article 16.6, first, second or third paragraph, Article 16.6, first, second or third paragraph, in connection with Article 16.49, second paragraph, Article 16.12, second paragraph, Article 16.12, second paragraph, preamble and under a, in connection with Article 16.39h, Article 16.12, second paragraph, in connection with Article Machine Translated by Google 16.49, second paragraph, article 16.13, article 16.13 in connection with article 16.39h, article 16.13 in connection with article 16.49, second paragraph, article 16.14, article 16.14 in connection with article 16.49, second paragraph, article 16.21, article 16.21 in connection with article 16.39h, article 16.21 in conjunction with article 16.49, second paragraph, article 16.39c, article 16.39d, article 16.39e, article 16.39f, article 16.39i, first paragraph, with the exception of part c, or article 16.49, first paragraph , or of Article 18.18, in so far as it concerns a regulation that is linked to a permit pursuant to Chapter 16, or of Article 52, first paragraph, of the EC Regulation on the registry of greenhouse gas emission allowance trading, the board of the emissions authority may impose an order subject to penalty. . Article 18.6b In the event of a violation of the provisions of or pursuant to Articles 9.2.2.1, first paragraph, insofar as this relates to the making available to another party for the purpose of transport, 9.2.2.6a or 12.31, fourth paragraph or fifth subsection b, the board of the emissions authority may impose an order subject to penalty. Article 18.7 [Repealed as of 01-10-2010] Article 18.7a [Repealed on 01-10-2010] Article 18.8 Under Article 5.15 of the Environmental Law General Provisions Act, the power to impose an administrative order includes the management of waste in the Netherlands by or on behalf of the competent administrative authority in cases where the waste is in conflict with the shipment of waste by or pursuant to the EC Regulation. waste materials or stipulated under Title 10.7, are brought into or out of Dutch territory. Article 18.8a [Repealed on 01-10-2010] Article 18.8b [Repealed as of 01-10-2010] Article 18.9 [Repealed on 01-07-2009] Article 18.10 [Repealed as of 01-10-2010] Article 18.11 [Repealed as of 01-10-2010] Article 18.12 [Repealed as of 01-10-2010] Article 18.13 [Repealed on 26-11-2008] Article 18.14 [Repealed as of 01-10-2010] Article 18.14a [Repealed as of 01-10-2010] Machine Translated by Google Article 18.15 [Repealed on 01-10-2010] Article 18.16 [Repealed as of 01-10-2010] Article 18.16a o 1. In the event of violation of the provisions of or pursuant to Articles 16.5, first paragraph, 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, 16.12, second paragraph, Article 16.12, second paragraph, preamble and under a, in connection with article 16.39h, 16.12, second paragraph, in connection with article 16.49, second paragraph, 16.13, 16.13 in connection with article 16.39h, 16.13 in connection with article 16.49, second paragraph, 16.14, 16.14 in connection with article 16.49, second paragraph, 16.21, 16.21 in connection with article 16.39h, 16.21 in connection with article 16.49, second paragraph, article 16.39c, article 16.39d, article 16.39e, article 16.39f, article 16.39g, article 16.39i, first paragraph, with the exception of parts b and c, 16.49, first paragraph, or 16.51, first or second paragraph, or of Article 18.18, in so far as it concerns a regulation that is linked to a permit pursuant to Chapter 16, the board of the emissions authority may impose an administrative fine. o 2. The board of the emissions authority imposes an administrative fine in the event of violation of the provisions of Article 16.37, first paragraph, or Article 16.39t, first paragraph. Article 5:41 of the General Administrative Law Act does not apply. o 3. In the event of a violation of the provisions of or pursuant to Article 16.21 or of Article 18.18, insofar as it concerns a regulation that is linked to a license pursuant to Chapter 16, an administrative fine and an order subject to a penalty may be imposed together. o 4. In the event of a violation of the provisions of Article 16.37, first paragraph, or Article 16.51, first or second paragraph, an administrative fine as referred to in the second paragraph, or an administrative fine as referred to in the first paragraph may be imposed in addition to an increase in the number of greenhouse gas emission allowances or NOx emission rights that the person who operates the establishment concerned , with regard to a calendar year in accordance with Article 16.39 and Article 16.54 respectively. In the event of a violation of the provisions of Article 16.39t, first paragraph, an administrative fine as referred to in the second paragraph and an administrative fine as referred to in the first paragraph may be imposed in addition to an increase in the number of greenhouse gas emission allowances that the aircraft operator has with regard to up to one calendar year in accordance with Article 16.39w. o 5. In the event of a violation of the provisions of Article 16.37, first paragraph, or Article 16.39t, first paragraph, the board of the emissions authority shall, in addition to imposing an administrative fine, include the offender in the overview referred to in Article 18.16p, first paragraph. Article 18.16b [Repealed on 01-07-2009] Article 18.16c [Repealed on 01-07-2009] Article 18.16d Machine Translated by Google If the conduct is also a criminal offense and the seriousness of the violation or the circumstances under which it was committed give rise to it, the board of the emissions authority will submit it to the Public Prosecution Service. Article 18.16e o 1. An administrative fine as referred to in Article 18.16a(1) shall not exceed €450,000 per violation or, if the turnover of the company concerned in the financial year preceding the year in which the decision to impose the administrative fine was exceeds € 4,500,000, not exceeding 10% of that turnover. o 2. In the event of a violation of the provisions of Article 16.37, first paragraph, or Article 16.39t, first paragraph, an administrative fine as referred to in Article 18.16a, second paragraph, amounts to the amount referred to in Article 16, third paragraph, of the EC Directive on greenhouse gas emission allowance trading, per tonne of emission of a carbon dioxide equivalent, which is more than corresponds to the number of greenhouse gas emission allowances, emission reduction units or certified emission reductions that have been surrendered in accordance with Article 16.37, first paragraph, or Article 16.39t, first paragraph, respectively. Section 5:46(3) of the General Administrative Law Act does not apply. o 3. Notwithstanding the second paragraph, the administrative fine referred to in that paragraph, with regard to the period from 1 January 2005 to 31 December 2007 inclusive, amounts to the amount referred to in Article 16, fourth paragraph, of the EC Directive on greenhouse gas emission allowance trading stated amount per tonne of carbon dioxide equivalent. o 4. Article 16.4 applies mutatis mutandis. o 5. The calculation of the turnover referred to in the first paragraph takes place on the basis of the provisions of Article 377, sixth paragraph, of Book 2 of the Dutch Civil Code for the net turnover. Article 18.16f [Repealed on 01-07-2009] Article 18.16g o 1. Section 5:53 of the General Administrative Law Act applies to violation of the provisions of or pursuant to the articles referred to in Article 18.16a, first and second paragraph, first sentence. o 2. In the event of a violation of the provisions of Article 16.37, first paragraph, or Article 16.39t, first paragraph, the report referred to in Article 5:48, first paragraph, of the General Administrative Law Act shall state, in addition to the information in the second paragraph of that article, also the intention to include the name of the offender in the overview referred to in article 18.16p, first paragraph. o 3. If the conduct is submitted to the Public Prosecution Service on the basis of Article 18.16d, a copy of the report will be sent to the Public Prosecution Service. Article 18.16h [Repealed on 01-07-2009] Article 18.16i Machine Translated by Google In the event of a violation of the provisions of Article 16.37, first paragraph, or Article 16.39t, first paragraph, Articles 5:49, 5:50, 5:51 and 5:53, third paragraph, of the General Administrative Law Act relates to the inclusion of the name of the offender in the overview referred to in Article 18.16p, first paragraph. Article 18.16j [Repealed on 01-07-2009] Article 18.16k In the event of a violation of the provisions of Article 16.37, first paragraph, or Article 16.39t, first paragraph, the decision to impose the administrative fine shall also state that the name of the offender is included in the overview referred to in Article 18.16p, first paragraph. member. Article 18.16l Notwithstanding Section 5:45, subsection 1, of the General Administrative Law Act, the authority to impose an administrative fine pursuant to Section 18.16a, subsections 1 and 2, lapses ten years after the violation has occurred. Article 18.16m [Repealed on 01-07-2009] Article 18.16n [Repealed on 01-07-2009] Article 18.16o [Repealed on 01-07-2009] Article 18.16p o 1. Before 1 October each year, the board of the emissions authority proposes a overview of persons who have violated the provisions of Article 16.37, first paragraph, or Article 16.39t, first paragraph, and in respect of whom the decision to impose the administrative fine, referred to in Article 18.16k, has become irrevocable. The overview is published in the Government Gazette. o 2. Further rules may be laid down by ministerial order regarding the overview referred to in the first paragraph. Article 18.16q o 1. The board of the emissions authority can impose an administrative fine of a maximum of € 1 on a person who acts against the persons referred to in section 18.4, subsection 1 or 2, in violation of section 5:20, subsection 1 of the General Administrative Law Act. 4 500. o 2. Article 184 of the Criminal Code does not apply to the violation referred to in the first paragraph. Article 18.16r o 1. The board of the emissions authority may inform the Commission of European Communities request an operating ban as referred to in Article 16, Machine Translated by Google tenth paragraph of the EC Directive on greenhouse gas emission allowance trading on an aircraft operator that does not comply with the provisions of or pursuant to Section 16.2.2, if this could not be guaranteed with other enforcement measures. The request shall in any event meet the requirements set out in Article 16(6) of the said Directive. o 2. Rules may be laid down by or pursuant to an order in council established in implementation of the first paragraph. If rules are laid down, the measure will in any case regulate: ÿ a. the cases in which a request can be submitted; b . the procedure to be followed prior to submitting the request. o 3. Our Minister may, in agreement with Our Minister of Transport, Public Works and Water Management, lay down rules with regard to the requirements that a request must otherwise comply with. o 4. Rules laid down pursuant to paragraphs 2 and 3 shall in any event meet the requirements laid down by the Commission of the European Communities on the basis of Article 16, paragraph 12, of the EC Directive on greenhouse gas emission allowance trading. o 5. The board of the emissions authority shall send a copy of a request as referred to in the first paragraph to Our Minister and Our Minister of Transport, Public Works and Water Management. The copy will be sent at the same time as the request is submitted to the Commission of the European Communities. Article 18.16s o 1. In the event of a violation of the provisions of or pursuant to Articles 9.2.2.1, first paragraph, insofar as this relates to making fuels available to another party for the purpose of transport, 9.2.2.6a or 12.31, fourth paragraph or fifth paragraph, part b, the board of the emissions authority may impose an administrative fine on the offender. o 2. The fine referred to in the first paragraph shall not exceed €450,000 per person violation, or, if the turnover of the company concerned in the financial year preceding the year in which the decision to impose the administrative fine was made exceeds € 4,500,000, a maximum of 10% of that turnover. o 3. Article 18.16e, fifth paragraph, applies mutatis mutandis. Article 18.16t If the violation referred to in Article 18.16s, first paragraph, relates to the making available to another party in a particular calendar year of the quantity of fuels prescribed pursuant to Article 9.2.2.1, first paragraph, for the purpose of transport, which comply with the requirements imposed pursuant to Article 9.2.2.6a, in addition to the administrative fine, an increase in the quantity of fuels to be made available to another party in a subsequent calendar year is imposed in the amount of the quantity of those fuels made available too little to another party. . Article 18.17 Machine Translated by Google If an administrative fine as referred to in Article 18.16a has been imposed on a person twice within a period of four years for the same act and the fines concerned have become irrevocable within that period, the board of the emissions authority may grant the permit referred to in Article 16.5, first paragraph, in conjunction with Article 16.5, second paragraph, or Article 16.49, first paragraph, which the person concerned is keeping. Article 18.18 Conduct in violation of a regulation associated with a permit or exemption granted under this Act is prohibited. Article 18.19 [Repealed as of 01-04-1994] • Chapter 19. Public access to environmental information Article 19.1a o 1. In this chapter and the provisions based on it, environmental information is understood to mean: all information, laid down in documents, about: ÿ the state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural areas including moist biotopes, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction between these elements; b . factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment that affect or are likely to affect the elements of the environment referred to under a; ÿ c. measures, including administrative measures, such as policy measures, legislation, plans, programmes, environmental agreements and activities that have or may have an effect on the elements and factors of the environment referred to under a and b, as well as measures or activities to protect those elements ; d . reports on the application of environmental legislation; ÿ e. cost-benefit and other economic analyzes and assumptions used in the context of the measures and activities referred to under c; ÿ f. the state of human health and safety, including contamination of the food chain, if applicable, human living conditions, valuable cultural areas and buildings, insofar as they are or may be affected by the condition of elements referred to under a. of the environment or, via these elements, by the factors, measures or activities referred to under b and c. o 2. Article 1, preamble and under a, of the Government Information (Public Access) Act is of similar applications. Article 19.1b Machine Translated by Google After the end of the term within which an appeal can be lodged against a decision as referred to in Article 13.1 to the preparation of which Section 3.4 of the General Administrative Law Act applies, the competent authority shall, as long as it has not been extinguished, inform anyone on request provided a copy of the decision and, insofar as possible, of the documents related to its preparation in accordance with this Act or Section 3.4 or Section 3:44 of the General Administrative Law Act should be inspected. Article 19.1c Without prejudice to Article 8 of the Government Information (Public Access) Act, an administrative body voluntarily provides information about the public responsibilities and functions it has as well as the public services it provides with regard to the environment. Article 19.2 o 1. In the event of an event resulting in an immediate threat to the life or health of persons, the environment or major material interests, the mayor will provide information insofar as this information is not already provided pursuant to Article 7 of the Security Regions Act or another legal regulation must be provided immediately, in an appropriate manner, to the persons who may be affected, all information about the measures that have been taken to prevent and limit the threat and the resulting adverse consequences and the course of action to be followed by those persons . In the event of a situation as referred to in Article 39 of the Security Regions Act, the information is provided by the chairman of the security region. o 2. Further rules may be laid down by order in council regarding the cases in which information is provided pursuant to the first paragraph, the content of the information to be provided and the manner in which the information is provided. Article 19.3 o 1. If in a document in respect of which by or pursuant to this Act or by Section 3.4 or 3.6 of the General Administrative Law Publication Act is prescribed, environmental information occurs or can be derived from such a piece of environmental information, the secrecy of which is justified under Article 10 of the Government Information (Public Access) Act, the competent authority may permit the interested party to submit a second text, approved by the competent authority, in which that information does not appear or from which it cannot be derived, respectively, upon written request to that effect by the interested party. The competent authority only uses this authority with regard to trade secrets and security data. By order in council pursuant to this Act, for the implementation of a treaty binding on the Netherlands or a decree binding on the Netherlands Machine Translated by Google an organization under international law, to which the power referred to in the first sentence also applies. o 2. If in a document in respect of which by or pursuant to this Act or by section 3.4 or 3.6 of the General Administrative Law Act, disclosure is prescribed, environmental information occurs or can be derived from such a piece of environmental information, the disclosure of which must be omitted or may not be disclosed, on the basis of Article 10, first paragraph, preamble and under b, or Article 10, second paragraph, preamble and under a, of the Government Information (Public Access) Act, a second text shall be submitted for publication on the instructions of Our concerned Minister, in which that information does not appear or from which it does not appear. can be derived. Article 19.4 o 1. In cases where Article 19.3, first paragraph is applied, if the competent authority considers that a second text would not provide sufficient information for a proper assessment of the document to which the request relates, the applicant must complete a other document in connection with which the document is submitted, the draft decision or decision, the documents within a period to be set by the competent authority as much as possible with other information that may be beneficial for that assessment. o 2. In cases where Article 19.3, second paragraph has been applied, Our concerned Minister will fill in another document if, in his opinion, a second text would not provide sufficient information for a proper assessment of the document to which the request relates. consistency with which the document is submitted, the draft decision or the decision, the documents as much as possible with other information that may be beneficial for that assessment. o 3. The competent authority will make a note on the second text showing that that text serves to replace the original text, which contains information, the secrecy of which is justified or required. If the first or second paragraph has been applied, the note also states that the documents have been supplemented with information as referred to in those paragraphs. Article 19.5 o 1. The competent authority will decide on a request for confidentiality within four weeks of receipt. The decision will be communicated to the relevant administrative bodies. If the request is made in the context of the application of Chapter 7 and relates to a plan or decision on which the Environmental Impact Assessment Committee is given the opportunity to issue advice in accordance with Article 7.12 or Article 7.32(5), in conjunction with Article 7.12, the decision shall also be notified to that committee. o 2. If a request for confidentiality is made in the context of the application of Section 3.4 or 3.6 of the General Administrative Law Act if it concerns a decision on application or of Section 7.2 or 7.8 or 7.9, respectively, Machine Translated by Google the competent authority shall suspend further processing of the application until, if the request is granted, the second text has been submitted and the documents have been supplemented with the information referred to in Article 19.4, paragraph 1, or if the request is wholly or partly is rejected, the decision on the application has become irrevocable. The terms applicable pursuant to Sections 3:18 and 4:5 of the General Administrative Law Act, Section 31 of the Services Act, Section 3.9 of the General Provisions for Environmental Law and Section 7.21(5) and 13.8 do not run as long as the handling is suspended. o 3. If a request for confidentiality in the context of the application of Section 3.4 or 3.6 of the General Administrative Law Act, if it does not concern a decision on application or from Section 7.10, the competent authority shall refrain from publishing the document to which the request relates until, if the request is granted, the second text has been submitted and the documents have been supplemented with the information referred to in Article 19.4, paragraph 1, or, if the request is rejected in whole or in part, the decision on the request has become irrevocable. Article 19.6 [Repealed on 01-07-2005] Article 19.6a Articles 19.3 to 19.5 inclusive apply mutatis mutandis to information that appears in a document in respect of which disclosure is required or which can be derived from such a document and which cannot be regarded as environmental information. Article 19.6b If, during the preparation of a decision designated pursuant to Article 7.2 with regard to an activity for which an environmental impact statement must be drawn up, or of a decision regarding an environmental permit for an establishment, pursuant to a statutory regulation or a decision of the competent authority information is made public, and that a statutory regulation or decision opposes the disclosure on grounds other than those provided for in Article 10 of the Government Information (Public Access) Act, Article 10 of the Government Information (Public Access) Act shall apply mutatis mutandis and the statutory regulation or decision opposing the disclosure shall be inapplicable. If environmental information is not made available for inspection, this will be communicated. Article 19.7 o 1. If a report as referred to in Article 16.12, first paragraph, under b, or a report as referred to in Article 16.39f, first paragraph, contains environmental information or environmental information can be derived from it, of which confidentiality is based on of Article 10 of the Government Information (Public Access) Act, the board of the emissions authority may, at a request to that effect from the person who operates the installation, permit the publication of a second text approved by the board of the emissions authority, in which that information does not occur, or from which that information cannot Machine Translated by Google being distracted. The board of the emissions authority only uses this power with regard to trade secrets and security data. The request referred to in the first sentence shall be made no later than three months after the end of the reporting year. A second text is submitted with the request. o 2. If a report as referred to in Article 16.12, first paragraph, under b, or a report as referred to in Article 16.39f, first paragraph, contains environmental information or environmental information can be derived from it, which must not be disclosed to remain, or may not be omitted, on the basis of Article 10, first paragraph, opening words and under b, or Article 10, second paragraph, opening words and under a, of the Government Information (Public Access) Act, a person who operates the establishment, second text drawn up on the instructions of the board of the emissions authority, in which that information does not appear or from which it cannot be derived. o 3. Articles 19.4 and 19.5, first paragraph, apply mutatis mutandis, on the understanding that the administrative authority referred to in the first paragraph is regarded as the competent authority. o 4. If a request as referred to in the first paragraph has been made, disclosure of the report concerned, as referred to in Article 16.12, first paragraph, under b, or Article 16.39f, first paragraph, shall not be made until four weeks at the latest after a final decision has been taken on that request. Article 19.8 o 1. If the data to be included by RIVM in the register referred to in Article 12.12, first paragraph, pursuant to Article 12.12, fourth paragraph, contains or can be deduced from which confidentiality pursuant to Article 10, seventh paragraph , under b, of the Government Information (Public Access) Act, the competent authority may, at the request of the person who operates the establishment where dangerous substances are present, or the person who uses a pipeline for the transport of dangerous substances, or the person who who has been granted a concession for that pipeline, or who decide on their own initiative, contrary to Article 12.13, first paragraph, that these data are not provided to RIVM or the proposed representation referred to in Article 12.15, second paragraph is not approved. o 2. The competent authority will decide on a request for confidentiality within four weeks of receipt. o 3. If a request for confidentiality has been made, the competent authority shall not provide the information pursuant to Article 12.13, first paragraph, about the external safety concerning that establishment or pipeline, or the competent authority shall not give its consent as referred to in Article 12.15, second paragraph, until the decision on the request has become final. • Chapter 20. Appeal to the administrative court § 20.1. General Article 20.1 Machine Translated by Google o 1. Against a decision pursuant to this Act - with the exception of a decision as referred to in Article 1.3, paragraph 1, 8.40a or 8.42, a decision regarding the enforcement of the provisions pursuant to Article 8.40 or a decision against in respect of which another appeal has been opened on the basis of this Act or one of the laws or statutory provisions referred to in the third paragraph, an interested party may lodge an appeal with the Administrative Jurisdiction Division of the Council of State. The first sentence shall apply mutatis mutandis to decisions regarding the enforcement of provisions on the basis of which decisions can be taken that can be appealed to the Division. o 2. The Division decides on an appeal as referred to in the first paragraph, within twelve months after the end of the appeal period. By way of derogation from the first sentence, the Division will decide on an appeal against a national allocation decision as referred to in Article 16.29, first paragraph, or an amended national allotment decision as referred to in Article 16.31, first paragraph, within forty weeks after the expiry of the period for submission. of an appeal against the said decision. o 3. The laws or statutory provisions referred to in the first paragraph are: Articles 34 and 40 of the Mining Act, Chapter VIIa of the Animal Health and Welfare Act, the Nuclear Energy Act, the Noise Pollution Act, the Air Pollution Act, the Soil Protection Act, the Antarctic Protection Act, the Water Act, insofar as decisions pursuant to that Act have been prepared in coordination with decisions pursuant to the Nuclear Energy Act pursuant to Article 6.27, second paragraph, of that Act, the EC Waste Shipment Regulation and Articles 125 of the Municipalities Act, 122 of the Provinces Act, 61 of the Water Boards Act and 5:32 of the General Administrative Law Act, insofar as it concerns decisions relating to the enforcement of the provisions of or pursuant to Acts other than the General Provisions Act environmental law to which Chapter 5 of the latter law applies. o 4. An appeal against an amended national allocation decision as referred to in Article 16.31, first paragraph, can only be lodged by an interested party whose interest is directly affected by the amendments made with respect to the original national allocation decision. Machine Translated by Google applied. Article 6:13 of the General Administrative Law Act applies mutatis mutandis. o 5. Contrary to Section 6:7 of the General Administrative Law Act, the term for lodging an appeal against an amended national allocation decision as referred to in Section 16.31(1) is four weeks. o 6. Contrary to Article 6:19, first paragraph, of the General Administrative Law Act, the appeal against the national allocation decision as referred to in Article 16.29, first paragraph, is deemed to be also directed against the amended national allocation decision as referred to in Article 16.31. , first member. o 7. An appeal may be lodged with the District Court in The Hague against a decision pursuant to Article 18.16a, first, second or fifth paragraph. Article 20.2 o 1. No appeal can be lodged against a decision: ÿ a. regarding an environmental policy plan, taken pursuant to Articles 4.3, 4.6, 4.9, 4.12, 4.15a, 4.16 or 4.19; b . regarding a program as referred to in Article 5.12, first paragraph, or 5.13, first paragraph, or a consent as referred to in Article 5.12, thirteenth paragraph; ÿ c. on a waste management plan taken pursuant to Article 10.3; d . establishing the amount of emissions, referred to in Article 15.51, third paragraph; ÿ e. regarding a national allocation plan, taken pursuant to Article 16.23, first paragraph; ÿ f. with regard to the allocation of greenhouse gas emission allowances, taken pursuant to Article 16.29, paragraph 1, with the exception of a decision concerning the allocation of greenhouse gas emission allowances for a separate establishment; ÿ g. containing a notification as referred to in Article 22(4) of the EC Air Quality Directive. o 2. No appeal can be lodged against a decision: ÿ a. containing an instruction as referred to in Article 5.23, b . containing a certificate or an accreditation as referred to in Article 11.2, third paragraph, part b or c, ÿ c. containing a request as referred to in Article 17.5, first paragraph. o 3. Notwithstanding the second paragraph, an appeal may be lodged against a decision as referred to in that paragraph under a or c in accordance with the provisions of this chapter by the competent authority with regard to the decision to which the designation or request relates. . o 4. Contrary to Article 6:8 of the General Administrative Law Act, the In a case as referred to in the third paragraph, the term for appeal starts from the day after the day on which a copy of the decision to which the statement or request relates, in accordance with Article 3:44, first paragraph, under a, of the General Act administrative law has been made available for inspection. Artikel 20.2a In legal proceedings with regard to a decision, other legal act or factual act that serves to implement a decision taken in accordance with Article 5.16, first paragraph, or applied legal provision, consequences for air quality can only be invoked insofar as these can reasonably be Machine Translated by Google have not been or could not have been raised in previous judicial proceedings. Article 20.3 o 1. A decision pursuant to this Act or one of the laws or statutory provisions referred to in Article 20.1, paragraph 3, shall take effect on the day after the day on which the term for lodging an objection expires or, if no objection can be lodged pursuant to Section 7:1(1)(d) of the General Administrative Law Act, a notice of appeal. If a request for interim relief has been made to the competent court during that period, the decision will not take effect until a decision has been made on that request. o 2. Contrary to the first paragraph, a decision as referred to in Article 8.40a or 8.42 will take effect on the day after its publication, unless it has been prepared pursuant to Section 3.4 of the General Administrative Law Act. o 3. Notwithstanding the first sentence of paragraph 1, a decision will be issued on an application for a license for an activity relating to an establishment as referred to in Article 15, under b, of the Nuclear Energy Act, which can also be regarded as a construction activity as referred to in Article 2.1, first paragraph, under a, of the Environmental Law General Provisions Act for which an environmental permit is required, shall not take effect until after the relevant environmental permit has been granted. o 4. If the use of a decision as referred to in the first paragraph, first sentence, before a decision has been made on an appeal, because of the costs involved, or because of the change in factual circumstances caused by the decision on the appeal can play a role, can have a significant influence on that decision, such provisional provision is made that such influence cannot occur. Article 20.4 Article 20.3 does not apply to decisions: o a. containing a permit or objections pursuant to the EC Waste Shipment Regulation; oh b. pursuant to Articles 125 of the Municipalities Act, 122 of the Provinces Act, 61 of the Water Boards Act and 5:32 of the General Administrative Law Act, insofar as it concerns decisions relating to the enforcement of the provisions of or by virtue of the laws to which Chapter 5 of the General Provisions Environmental Law Act applies. Article 20.5 o 1. In cases in which the immediate entry into force of a decision as referred to in Article 20.3, first paragraph, first sentence, is necessary in the opinion of the competent authority, it may, notwithstanding that paragraph, stipulate in the decision that it is immediately comes into effect. o 2. The first paragraph does not apply to decisions on the preparation of which section 3.4 of the General Administrative Law Act applies. Machine Translated by Google Artikel 20.5a o 1. Notwithstanding Article 46, first paragraph, of the Council of State Act Cases pending before the Division regarding a national allocation decision as referred to in Article 16.29, first paragraph, relating to the same planning period, are submitted for consideration. o 2. Before deciding on an appeal against a national allocation decision as referred to in Article 16.29, paragraph 1, the Division will apply Article 8:51a, paragraph 1, of the General Administrative Law Act and to Article 36, paragraph 6, of the Council of State Act, on the understanding that the interim decision, as referred to in Article 8:80a, paragraph 1, of the General Administrative Law Act, is made within eighteen weeks after the end of the appeal period applicable to that decision. o 3. The Division will add cases brought before it with regard to a national allocation decision amended as a result of its interlocutory decision as referred to in Article 16.31, first paragraph, for handling with cases concerning the original national allocation decision that are already pending before it. o 4. For the purposes of Chapter II, Section 3, Section 1, of the Council of State Act, the interim decision is deemed to form part of the final decision. § 20.2. Environmental management professions consultancy Article 20.6 [Repealed on 01-10-2010] Article 20.7 [Repealed on 01-07-2005] Article 20.8 [Repealed on 01-10-2010] Article 20.9 [Repealed on 01-10-2010] Article 20.10 [Repealed on 01-07-2005] Article 20.11 [Repealed on 01-07-2005] Article 20.12 [Repealed on 01-07-2005] Article 20.13 [Repealed on 01-07-2005] Article 20.14 o 1. Our Minister is authorized on behalf of the State to establish a foundation whose purpose is to perform the task referred to in Article 20.15. o 2. Amendment of the articles of association of the foundation, or dissolution of the foundation requires the permission of Our Minister. Before deciding on the permission, Our Minister will hear the Administrative Jurisdiction Division of the Council of State. o 3. The articles of association of the foundation guarantee that the foundation carries out its activities impartially and independently. Machine Translated by Google Article 20.15 It is the task of the foundation to issue an expert report to the administrative court at its request regarding appeals pursuant to Article 20.1 of this Act as well as appeals against decisions pursuant to Chapters 6, 7 and 8 of the Water Act relating to the discharge or dumping of substances. and the extraction of groundwater as referred to in Article 6.1 of that Act. At the request of the administrative In the courts, the foundation also issues an expert report on appeals under other laws, insofar as these relate to aspects of environmental management for which Our Minister is responsible. Article 20.16 The persons who are part of the bodies of the foundation and the personnel of the foundation do not perform any functions and positions the exercise of which is undesirable with a view to maintaining the impartiality and independence of the foundation or the confidence in it. Article 20.17 o 1. If a foundation has been established pursuant to Article 20.14, Our Minister shall grant the foundation a subsidy in accordance with regulations to be laid down by or pursuant to Order in Council, insofar as this is reasonably necessary for the proper performance of its duties. o 2. Section 8:36(1) of the General Administrative Law Act does not apply application. Article 20.18 [Repealed on 01-01-1994] Article 20.19 [Repealed on 01-01-1994] Article 20.20 [Repealed on 01-01-1994] Article 20.21 [Repealed on 01-01-1994] • Chapter 21. Further Provisions Article 21.1 o 1. The mayor and aldermen, the provincial executive and any of our relevant ministers report annually to the municipal council, provincial councils and the States General respectively on their policy with regard to the implementation of chapters 8, 13 and 18 and section 14.1 of this law. The mayor and aldermen and the provincial executive send the report to the inspector at the same time as it is submitted to the municipal council or provincial council. o 2. They state in their report in any case: ÿ a. the number of times in the period to which the report relates, the periods have been exceeded that apply pursuant to Section 3:18 of the General Administrative Law Act for issuing the decision, the causes thereof and the measures they have taken or Machine Translated by Google will take steps to avoid exceeding those terms as much as possible; b . separately the manner in which they have implemented the chapters of this Act referred to in the first paragraph with regard to establishments that are wholly or partly operated by the relevant municipality, province or national government. o 3. Cases to which Article 13.10 has been applied, shall be report of Our Minister not mentioned. Article 21.2 o 1. Our Minister sends - in so far as it concerns the sphere of office of one or more Our other Ministers, in agreement with those Ministers - within three years after the entry into force of this Act, and thereafter every five years, a report to the States General on the way in which it has been applied. o 2. Rules may be laid down by or pursuant to an order in council with regard to the application of the first paragraph. These regulations may imply an obligation for administrative authorities designated thereto to provide the information required for the preparation of the report referred to in subsection 1 each year in the manner indicated therein. Artikel 21.2a An administrative body provides Our Minister with the information he needs to implement the obligation to provide information imposed in Article 17 of the Directive on integrated pollution prevention and control. Further rules may be laid down in this regard by ministerial regulation. Article 21.3 [Repealed on 01-10-2010] Article 21.4 By order in council, provisions of this Act relating to substances can be declared applicable to micro-organisms, other than genetically modified organisms. Article 21.5 For the implementation of this Act with regard to areas that do not form part of a municipality or province, rules are laid down, insofar as necessary, by Order in Council with regard to the administrative bodies that exercise the powers contained in this Act and with regard to the administrative bodies that should be involved in that implementation. Article 21.6 Machine Translated by Google o 1. When adopting, amending or withdrawing an order in council pursuant to this Act, the applicable national environmental policy plan is taken into account. o 2. The nomination for an order in council pursuant to Article 5.1, first paragraph, or 5.3, third paragraph, shall be made to Us by Our Minister and, insofar as it concerns elements of environmental policy that fall under their responsibility, Our Ministers of Transport, Public Works and Water Management and of Agriculture, Nature and Food Quality and, insofar as it the criminal enforcement of the provisions of or pursuant to this Act or the other Acts referred to in Article 18.2, paragraph 1, under a, Our Minister of Justice. The nomination of an order in council pursuant to Article 9.2.3.1 or 9.2.3.2 shall be submitted to Us by Our Minister of Health, Welfare and Sport, also on behalf of Our Minister and Our Minister of Social Affairs and Employment. o 3. The nomination for an order in council pursuant to Section 2.2, Chapter 7 or Section 14.2 shall be made to Us by Our Minister, Our Minister of Agriculture, Nature and Food Quality and Our Minister of Education, Culture and Science. The nomination for an order in council pursuant to Title 12.1 is made to Us by Our Minister and, insofar as it concerns elements of environmental policy that fall under their responsibility, Our Ministers of Transport, Public Works and Water Management, of Agriculture, Nature and Food Quality and of Economic Affairs. . If it concerns one or more establishments that come under Our Minister of Defence, the nomination for an order in council pursuant to Articles 12.1, second paragraph, 12.4 and 12.5 Us is also made by him. o 4. The draft order in council pursuant to Article 1.1, first, third, sixth, seventh or eighth paragraph, 2.2, third paragraph, 5.1, first paragraph, 5.2b, fifth paragraph, 5.3, first paragraph, 7.2, first paragraph, 8.40, 8.49, fifth paragraph, 9.2.1.3, second paragraph, 9.2.1.4, 9.2.2.1, first paragraph, 9.2.3.1, third paragraph, 9.2.3.2, 9.2.3.3, fourth paragraph, 9.5.2, 10.2 , second paragraph, 10.22, second paragraph, 10.28, first paragraph, 10.29, first paragraph, 10.30, third paragraph, 10.32, 10.41, first and second paragraph, 10.42, first paragraph, 10.43, first paragraph, 10.44, third paragraph, 10.46, first paragraph, 10.47, first paragraph, 10.48, first paragraph, 10.51, first paragraph, 10.52, first paragraph, 10.54, third paragraph, 10.61, first paragraph, 12.10, second paragraph, 12.12, second and fourth paragraph, 12.13, second and third paragraph, 12.16, third paragraph, 12.20a, first paragraph, 12.29, 15.13, first paragraph, 15.32, first or second paragraph, 15.46, fifth paragraph, 16.1, third paragraph, 16.12, second paragraph, in conjunction with 16.49, second paragraph, 16.50 16.53, second paragraph, 17.7 or 21.4 is submitted to both chambers of the S taten-Generaal and published in the Government Gazette. Everyone shall be given the opportunity to submit comments on the draft in writing to Our Minister within a period of at least four weeks to be determined in such announcement. o 5. An order in council as referred to in the fourth paragraph is, after it has been adopted, sent to both Houses of the States General. It will not come into effect until four weeks after the date of issue of the Official Gazette in which it is published. An order in council adopted pursuant to Article 5.1, first paragraph, shall enter into force at a time that, after four weeks after its transmission to both Houses of the States General, has elapsed, it shall be adopted by Royal Decree, unless within that period by or on behalf of one of the chambers of the States General or by ten Machine Translated by Google at least one fifth of the constitutional number of members of one of the chambers expresses the wish that the subject regulated in the order in council be regulated by law. In that case, a bill to that effect will be submitted as soon as possible and the Order in Council will be revoked without delay. o 6. What can be regulated by Order in Council pursuant to this Act shall, in derogation thereof, be regulated by Ministerial Regulation, if the rules are exclusively intended to implement a treaty binding on the Netherlands or a decision of an organization under international law that is binding on the Netherlands, unless for a correct implementation change of an order in council or the law is necessary. If an amendment to an order in council is necessary, both houses of the States General will be notified of this, at the same time as the nomination is submitted to Us, stating the brief content of the proposed order in council. The draft ministerial regulation as referred to in the first sentence is sent to both parties at least four weeks before the regulation is adopted. chambers of the States General. The second and third paragraphs apply mutatis mutandis to the adoption of a ministerial regulation. o 7. The second to fifth paragraph and the sixth paragraph, second, third and fourth sentence, do not apply to an order in council pursuant to Article 8.40, insofar as it relates exclusively to establishments that are a mining work designated pursuant to Article 1 of the Mining Act. In this case, the nomination for an order in council is made to Us by Our Minister of Economic Affairs. When the first sentence of the sixth paragraph is applied in this case, the ministerial regulation will be established by Our Minister of Economic Affairs. Article 21.7 The authority of municipal councils and water boards to draw up bye-laws remains with regard to the subject provided for in Chapter 10, insofar as these bye- laws do not conflict with the provisions laid down by or pursuant to this Act. Article 21.8 If subjects regulated in this Act require further regulation in the interest of proper implementation of this Act, this may be effected by Order in Council. • Chapter 22. Final Provisions Article 22.1 o 1. Chapters 8 and 17 and title 12.3 of this Act do not apply to establishments for which a license is required pursuant to Article 15, under b, of the Nuclear Energy Act, unless the provisions of that Act indicate otherwise. Those chapters and that title also do not apply to establishments, insofar as they do so by or pursuant to other than in the first Machine Translated by Google the provisions of that Act referred to in the full sentence, a permit is required or general regulations apply, except insofar as the provisions laid down by or pursuant to that Act show otherwise. o 2. Chapter 8 of this Act does not apply to establishments insofar as a permit or approval is required or general regulations apply pursuant to Chapter VIIa of the Animal Health and Welfare Act or the Water Act, except insofar as the provisions of those laws show otherwise. o 3. Chapter 8 of this Act does not apply to establishments in which animal fertilizers from outside the establishment are stored, processed, processed or destroyed within the meaning of the Fertilizers Act, insofar as it concerns the efficient management of those substances. o 4. Titles 9.2, 9.3 and 9.3a do not apply to behaviour, insofar as rules have been laid down in this regard by or pursuant to the Medicines Act, the Plant Protection Products and Biocides Act or the Veterinary Medicines Act. o 5. Title 9.2 does not affect the provisions of or pursuant to the Nuclear Energy Act with regard to substances or preparations. o 6. Title 9.2 does not apply to transport, offering for carriage and accepting for carriage, loading and unloading and depositing during the carriage of substances, preparations or micro-organisms, as well as leaving and leaving a means of transport in or on which such substances, preparations or micro-organisms are present or remnants thereof, insofar as rules have been laid down in this regard by or pursuant to the Aviation Act, or on the actions referred to in Article 2, paragraph 1, of the Transport of Dangerous Substances Act with regard to substances, preparations or micro-organisms, insofar as relevant rules have been established by or pursuant to that Act. By way of derogation from the first sentence, Title 9.2 applies with regard to the packaging of micro-organisms, being genetically modified organisms, if those organisms are not present in packaging that complies with the rules during the acts referred to in the first sentence. that have been made relevant by or pursuant to the Transport of Dangerous Goods Act or the Aviation Act. o 7. Under Title 9.2, no rules are laid down with regard to the disposal of substances and preparations by introducing them into surface waters, insofar as such rules are laid down under Article 6.6 in conjunction with Article 6.2 or 6.3 of the Water Act. o 8. Title 9.5 does not apply to conduct, insofar as regulations apply in this regard, which are laid down by or pursuant to the Transport of Dangerous Goods Act. o 9. Article 9.5.2 and Chapter 10 do not apply to conduct, insofar as regulations apply in this regard, which are laid down by or pursuant to: the Plant Protection Products and Biocides Act, the Prevention of Pollution from Ships Act, the Veterinary Medicines Act, the Fertilizers Act, Machine Translated by Google the Shipping Traffic Act, Chapter VIIa of the Animal Health and Welfare Act, the Nuclear Energy Act, the Water Act, except insofar as the provisions of those laws or of this law indicate otherwise. o 10. Article 9.5.2 and Chapter 10, with the exception of Title 10.7, do not apply to conduct, insofar as regulations apply in this regard, which are laid down by or pursuant to the Animal Feed Framework Act. Article 22.1a The competent authority shall ensure that permits issued pursuant to Article 8.1 of the Environmental Management Act for establishments to which gpbv installations belong, insofar as they do not comply with the rules that were issued before 31 October 2007 in implementation of the EC Directive on Integrated Prevention and Protection pollution control measures laid down by or pursuant to this Act, are in accordance with it with effect from that date at the latest. Article 22.2 This Act may be cited as: Environmental Management Act. Article 22.2a [Repealed on 08-05-2002] Article 22.3 This law will come into effect at a time to be determined by Us. • Orders and orders that it be placed in the Official Gazette , and that all ministerial departments, authorities, colleges and officials, to whom it may concern, will monitor its precise implementation. Given at Paleize Soestdijk, June 13, 1979 Juliana The Minister of Health and Environmental Hygiene, L. Ginjaar Issued the twenty-first of August 1979 The Minister of Justice, Machine Translated by Google J. de Ruiter • Appendix 1. to the Environmental Management Act Laws, as referred to in Articles 4.6, third paragraph, 4.12, third paragraph, and 4.19, third paragraph, of the Environmental Management Act: Mining Act Drinking Water Act Aviation Act Aviation Act forest law Plant Protection Products and Biocides Act nuclear energy Excavation Act Noise Pollution Act Air Pollution Act Interim Soil Remediation Act Prevention of Pollution from Ships Act Rural Areas Development Act Soil Protection Act Fertilizer Act Implementation of EC Energy Efficiency Directives Act Nature Conservation Act 1998 Dangerous Goods Transport Act (Stb. 1995, 525) Tracéwet Road Traffic Act 1994 Law of flora and fauna water law Machine Translated by Google General Provisions Environmental Law Act • Appendix 2. to the Environmental Management Act Appendix belonging to Articles 4.9, 8.40 and Title 5.2 of the Environmental Management Act § 1. Limit values and alarm threshold for sulfur dioxide Regulation 1.1 The following limit values for the protection of human health apply to sulfur dioxide: o a. 350 micrograms per m3 as an hourly average concentration, where it applies that this may be exceeded a maximum of twenty-four times per calendar year; oh b. 125 micrograms per m3 as a twenty-four-hour average concentration, whereby this may be exceeded no more than three times per calendar year. Regulation 1.2 For sulfur dioxide, the following limit values apply for the protection of ecosystems, in areas with an area of at least 1000 km2 , located at a distance of at least 20 km from agglomerations or at a distance of at least 5 km from other built-up areas, of establishments, of motorways or main roads of which more than 50,000 motor vehicles as referred to in Article 1 of the 1994 Road Traffic Act use per day, where the ecosystem, in the opinion of the competent administrative authority, needs special protection: o a. 20 micrograms per m3 as annual average concentration; oh b. 20 micrograms per m3 as winter half-year average concentration. Regulation 1.3 For sulfur dioxide, 500 micrograms per m3 is the hourly average concentration for three consecutive hours, in areas of at least 100 km2 if , alarm threshold. § 2. Limit values, planning thresholds and alarm threshold for nitrogen dioxide Regulation 2.1 o 1. The following limit values for the protection of human health apply to nitrogen dioxide: ÿ a. 200 micrograms per m3 as an hourly average concentration, whereby this may be exceeded a maximum of eighteen times per calendar year, and Machine Translated by Google b . 40 micrograms per m3 as an annual average concentration, no later than 1 January 2010. o 2. The first paragraph, under a, applies from 1 January 2010 to roads used by at least 40,000 motor vehicles per 24 hours. For the purposes of the first sentence, motor vehicle is understood to mean: motor vehicle as referred to in the rules laid down pursuant to the 1994 Road Traffic Act. o 3. Until 1 January 2010, for the roads referred to in the second paragraph, for nitrogen dioxide has a limit value for the protection of human health of 290 micrograms per m3 as an hourly average concentration, whereby this may be exceeded a maximum of eighteen times per calendar year. o 4. If, as a result of measures taken by one or more administrative authorities with a view to preventing or limiting air pollution on the roads, referred to in the second paragraph, the limit value of 200 micrograms is reached in a calendar year for the year 2010 per m3 as an hourly average concentration, with a maximum of eighteen exceedances per calendar year, notwithstanding the second and third paragraphs, this limit value applies from the year following the year in which the limit value referred to in the first sentence is reached. Regulation 2.1a By way of derogation from provision 2.1, one or more zones or agglomerations designated by order in council or a part thereof, to which a postponement pursuant to Article 22, first paragraph, in conjunction with the fourth paragraph, of the EC Air Quality Directive applies, applies until a the time referred to in that measure, but no later than 1 January 2015, the following limit values for the protection of human health for nitrogen dioxide: or to 300 micrograms per m3 , defined as an hourly average concentration, whereby this may be exceeded no more than eighteen times per calendar year, and or b. 60 micrograms per m3 , defined as annual mean concentration. Regulation 2.2 The following planning thresholds for the protection of human health apply outside the zones and agglomerations designated pursuant to regulation 2.1a for nitrogen dioxide, defined as annual average concentrations: o a. in 2005, 50 microgram per m3 ; o b. in 2006, 48 microgram per m3 ; o c. in 2007, 46 microgram per m3 ; o d. in 2008, 44 microgram per m3 ; or e. in 2009, 42 micrograms per m3 . Regulation 2.3 Machine Translated by Google For nitrogen dioxide, the following planning thresholds for the protection of human health apply outside the zones and agglomerations near the roads designated pursuant to regulation 2.1a, as referred to in regulation 2.1, paragraph 2, defined as hourly average concentrations, whereby it applies that this is no more than eighteen times per calendar year may be exceeded: o a. in 2005, 250 microgram per m3 ; o b. in 2006, 240 microgram per m3 ; o c. in 2007, 230 microgram per m3 ; o d. in 2008, 220 microgram per m3 ; o ee in 2009, 210 micrograms per m3 . Regulation 2.4 For nitrogen dioxide, 400 micrograms per m3 is the hourly average concentration for three consecutive hours, in areas with an area of at least 100 km2 , as an alarm threshold. § 3. Limit value for nitrogen oxides Regulation 3.1 For nitrogen oxides, 30 micrograms per m3 as an annual mean concentration is the limit value for the protection of vegetation, in areas with an area of at least 1000 km2 , located at a distance of at least 20 km from agglomerations or at a distance of at least 5 km of other areas with buildings, of establishments, of motorways or main roads of which more than 50,000 motor vehicles as referred to in Article 1 of the 1994 Road Traffic Act use, where the vegetation, in the opinion of the competent administrative authority, needs special protection. § 4. Limit values for particulate matter (PM10); plan threshold, guideline values, limit value and exposure concentration obligation for particulate matter (PM2.5) Regulation 4.1 The following limit values for the protection of human health apply to particulate matter (PM10) : o a. 40 micrograms per m3 as annual average concentration; oh b. 50 micrograms per m3 as a twenty-four-hour average concentration, whereby this may be exceeded a maximum of thirty-five times per calendar year. Regulation 4.2 By way of derogation from regulation 4.1, one or more zones or agglomerations designated by order in council or a part thereof, for which Machine Translated by Google exemption pursuant to Article 22, second paragraph, in conjunction with the fourth paragraph, of the EC Air Quality Directive applies until a time specified in that measure, but no later than 11 June 2011, for particulate matter (PM10) the following limit values for the protection of human health: or to 48 micrograms per m3 , defined as annual mean concentration, and or b. 75 micrograms per m3 , defined as a twenty-four-hour average concentration, whereby this may be exceeded a maximum of thirty-five times per calendar year. Regulation 4.3 For particulate matter (PM2.5) , the following guideline value for the protection of human health applies, which must be achieved as far as possible from 1 January 2010: 25 micrograms per m3 , defined as annual mean concentration. Regulation 4.4 o 1. For particulate matter (PM2.5) the following applies from 1 January 2015 following limit value for the protection of human health: 25 micrograms per m3 , defined as annual mean concentration. o 2. Until 1 January 2015, the first paragraph will not apply to the exercise of a power or application of a statutory provision pursuant to Article 5.16, paragraph 1, regardless of whether the exercise or application in question also has consequences for air quality after the aforementioned date. has or may have. Regulation 4.5 Until 1 January 2015, the following plan threshold for the protection of human health applies to particulate matter (PM2.5) , defined as an annual average concentration: in 2008, 25 microgram per m3 , increased by 20%, which percentage will be reduced to 0% on January 1, 2015 on the following January 1, and every 12 months thereafter at equal annual percentages. Regulation 4.6 For particulate matter (PM2.5) an exposure concentration obligation of a maximum of 20 micrograms per m3 applies from 1 January 2015. , defined as average exposure index. Regulation 4.7 Machine Translated by Google o a. The following guideline value applies to particulate matter (PM2.5) regarding reduction of human exposure to be achieved as far as possible from 1 January 2020: a reduction in exposure a. if the average exposure compared to 2010 by: index in 2010 is: 8,5 ÿg/m3 or less 8,5 g/ 0% m3 or more but not more than 13 ÿg/m3 13 ÿg/ 10% m3 or more but not more than 18 ÿg/m3 18 ÿg/ m3 or more but not more than 22 ÿg /m3 15% 20% b. if the average value is 18 ÿg/m3 for the exposure index in 2010 is more than average exposure index dan 22 ÿg/m3 § 5. Limit value for lead Regulation 5.1 For lead, 0.5 micrograms per m3 as an annual average concentration is the limit value for the protection of human health. § 6. Limit value for carbon monoxide Regulation 6.1 For carbon monoxide, 10,000 micrograms per m3 as an eight-hour average concentration is the limit value for the protection of human health. § 7. Limit values and planning thresholds for benzene Regulation 7.1 The following limit values for the protection of human health, defined as annual mean concentrations, apply to benzene: or to tot 1 January 2010, 10 micrograms per m3 ; oh b. with effect from January 1, 2010, 5 micrograms per m3 . Regulation 7.2 The following plan thresholds for the protection of human health apply to benzene, defined as annual average concentrations: Machine Translated by Google o a. in 2006, 9 microgram per m3 ; o b. in 2007, 8 microgram per m3 ; o c. in 2008, 7 microgram per m3 ; o d. in 2009, 6 microgram per m3 . § 8. Guideline values, information threshold and alarm threshold for ozone Regulation 8.1 o a. The following guideline value for the protection of human health applies to ozone, which must be achieved as far as possible with effect from 1 January 2010: 120 micrograms per m3 as the highest eight-hour average concentration of a day, whereby this may be exceeded on a maximum of twenty-five days per calendar year on average over three years. oh b. The following long-term guideline value for the protection of human health applies to ozone: 120 micrograms per m3 as the highest eight-hour average concentration of a day, during a calendar year. Regulation 8.2 o a. For ozone, the following 18,000 (micrograms per m3 ) • hour applies as AOT40- value for the period from 1 May to 31 July, averaged over five years, as a guideline value to be achieved as far as possible from 1 January 2010 in order to protect vegetation. oh b. For ozone, 6 000 (micrograms per m3 ) • hour is the AOT40 value for the period from 1 May to 31 July of a calendar year as a long-term guide value for the protection of vegetation. Regulation 8.3 For ozone, an information threshold of 180 micrograms per m3 applies as an hourly average concentration. Regulation 8.4 For ozone, an alarm threshold of 240 micrograms per m3 applies as an hourly average concentration. § 9. Arsenic Guideline Regulation 9.1 For arsenic, 6 nanograms per m3 is the annual average concentration, defined as the total content of arsenic in the PM10 fraction, as a guideline value that must be reached as far as possible from 1 January 2013 for the protection of human health and the environment. . Machine Translated by Google § 10. Guideline value for cadmium Regulation 10.1 For cadmium, 5 nanograms per m3 is the annual average concentration, defined as the total cadmium content in the PM10 fraction, as a guideline value that must be reached as far as possible from 1 January 2013 for the protection of human health and the environment. . § 11. Nickel guideline Regulation 11.1 For nickel, 20 nanograms per m3 is the annual average concentration, defined as the total nickel content in the PM10 fraction, as a guideline value that must be reached as far as possible from 1 January 2013 for the protection of human health and the environment. . § 12. Guideline value for benzo(a)pyrene Regulation 12.1 For benzo(a)pyrene, 1 nanogram per m3 is the annual average concentration, defined as the total content of benzo(a)pyrene in the PM10 fraction, as a guideline value that must be reached as far as possible from 1 January 2013, for the protection of human health and the environment. § 13. Cases as referred to in Articles 5.9, first paragraph, and 5.10, first paragraph, in which a plan is established and implemented. Regulation 13.1 The cases referred to in Article 5.9, paragraph 1, are: o a. places outside the zones designated pursuant to regulation 2.1a and agglomerations, where the plan thresholds for nitrogen dioxide referred to in regulations 2.2 and 2.3 are exceeded, whereby the plan indicates how the limit values referred to in regulation 2.1, first paragraph, under b, and second paragraph, will be met; oh b. places where the plan threshold for benzene referred to in regulation 7.2 is exceeded, whereby the plan will indicate how the value stated in regulation 7.1(b) will be met.