Act of 13 June 1979, in relation 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 read this will see or hear, greetings! do: So We have considered, that it is appropriate, in addition to the legislation, applicable for the different parts of the field of environmental hygiene, arrange for a number of general topics in that field;
So it is, that we heard, the Council of State, and with agreement of the States-General of the Netherlands, as we find good goedgevonden and have understood and understand this: Chapter 1. General § 1.1. General article 1.1 1 In this Act and the provisions based thereupon: advisors: governing bodies who, under the law be given the opportunity to give its opinion with regard to giving a decision or taking a different decision;
waste management plan: waste management plan referred to in article 10.3;
waste: all substances, preparations or articles, of which the holder discards or intends or is required to discard;
waste dealer: natural or legal person who acts in business purchases and then sell waste, including natural or legal persons who do not have physical possession of the waste;
waste holder: waste producer or the natural or legal person who has possession of the waste;
waste Broker: natural or legal person who, for the benefit of others business the disposal or recovery of waste, including the natural or legal persons who do not have physical possession of the waste;
waste producer: natural or legal person whose activities produce waste or pre-processing, mixing or other operations carried out leading to a change in the nature or composition of this waste;
waste regulation: the regulation referred to in article 10.23;
waste facility: only extractive waste be dumped or establishment in which collected, or the portion of an establishment where extractive waste be dumped or collected;
category A waste facility: waste facility, which by the competent authority is classified in category A, in accordance with the criteria set out in annex III to the directive extractive waste management;
waste water: all water which the holder discards or intends or is required to discard;
industrial wastes: waste, other than household waste or hazardous waste;
industrial waste water: waste water released during commercial or by man in a seemingly business was undertaken activity, that no domestic waste water, run-off rain water, or ground water;
waste management: collection, transport, recovery and disposal of waste, including the supervision of such acts and the aftercare for landfill sites after closure and including the activities of waste dealers and waste brokers;
governing bodies concerned: advisors and other governing bodies who, under the law are involved in the emergence of the decisions referred to in article 13.1, paragraph 1.
competent authority: governing body that is competent to give a decision or taking a different decision;
Annex: this Bill annex;
biochemical oxygen consumption: mass concentration of dissolved oxygen that for five days is consumed by biochemical oxidation of organic ingredients under exclusion of ammoniumoxydatie under conditions specified by the Minister in a appropriate standard of the Dutch Standardization Institute;
greenhouse gas: gas listed in annex II to the EC directive greenhouse gas emission trading,
greenhouse gas law: in accordance with the provisions and under Chapter 16 transferable right, solely in order to the provisions necessary to comply with that chapter and fixed pursuant thereto, within a given time, an emission of one tonne of carbon dioxide equivalent in the air to cause injury;
Commission: the Commission on genetic modification, genetic modification referred to in article 2.26;
Commission for environmental impact assessment: the Commission for the environmental impact assessment referred to in article 2.17;
effective management of waste: waste management in such a way that account is taken of the relevant waste management plan or the plan for the adoption of the rules in force, or the order of preference indicated in article 10.4, and the criteria referred to in article 10.5;
EEC directive environment-impact assessment: Directive 74/60/EEC. 85/337/EEC of the Council of the European communities of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (Oj L 175), as amended by Directive 74/60/EEC. 97/11/EC of the Council of the European communities of 3 March 1997 (OJ L 73) amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment;
one tonne of carbon dioxide equivalent: a metric tons of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential;
the EC greenhouse gas emission trading directive: Directive 74/60/EEC. 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 Council Directive 96/61/EC (Oj L 275,);
EC regulation on classification, labelling and packaging of substances and mixtures: Council Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of the European Union of 16 december 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) no 1907/2006 (Oj L 353);
EC Regulation shipments of waste: 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 (Oj L 190,);
EC Regulation PRTR: Council Regulation (EC) No. 166/2006 of the European Parliament and of the Council of the European Union of 18 January 2006 concerning the establishment of a European register on pollutant release and transfer and amending Council directives 91/689/EEC and 96/61/EC (Oj L 33);
EC Regulation registration, evaluation and authorisation of chemicals: Council Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 december 2006 concerning the registration, evaluation, authorisation 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 the directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Oj L 136, 2007);
emission: substances, vibrations, heat, or sound that directly or indirectly from a source in the air, water or soil, respectively;
the emission authority: the Dutch emission 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 should not be exceeded during a given period;
emission reduction unit: Unit, issued in accordance with article 6 of the Kyoto Protocol and in accordance with the United Nations Framework Convention on climate change or the Kyoto Protocol (ERU);
certified emission reduction: Unit, issued in accordance with article 12 of the Kyoto Protocol and in accordance with the United Nations Framework Convention on climate change or the Kyoto Protocol (CER);
sound: with the human ear detectable air vibrations;
noise pollution: danger, damage or pollution, as a result of sound;
municipal environmental policy: the municipal environmental policy plan, referred to in article 4.16;
separate collection: collection where a waste stream is kept separately by type and nature of the waste to a specific treatment;
hazardous waste: waste containing one or more of the waste framework directive in annex III to the said dangerous properties;
Re-use means any operation by which products or components that are not waste are used for the same purpose for which they were intended;
domestic waste water: waste water mostly comes from human metabolism and household work;
household waste: waste from private households, except to the extent that the collected ingredients of this waste is concerned, who have been designated as hazardous waste;
amenities: each man business or in a seemingly business activity that was undertaken within a certain confinement;
Inspector: as such designated agent appointed by decision of the Minister;
population equivalent: biochemical oxygen demand of 54 grams per day;
collection: collection of waste, including the preliminary sorting and preliminary storage of waste for subsequent transport to a waste treatment plant;

waste framework directive: Directive 74/60/EEC. 2008/98/EC of the European Parliament and of the Council of the European Union of 19 november 2008 on waste and repealing certain directives (Ojeu L 312);
the water framework directive: Directive 74/60/EEC. 2000/60/EC of the European Parliament and of the Council of the European Union of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327,), as amended by order No. 2455/2001/EC of the European Parliament and of the Council of 20 november 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (OJ L 331) and including amendments pursuant to article 20, paragraph 1, of the directive, but for the rest, the text as seen by the directive;
outdoor air pollution: presence of solid, liquid or gaseous substances, other than nuclear fuel, radioactive ores or substances referred to in the nuclear energy Act, which in itself or together or in combination with other substances can cause adverse effects on the environment;
mixture: a mixture or a solution composed of two or more substances;
national environmental policy plan: the national environmental policy plan, referred to in article 4.3;
recovery: any operation with the main result that waste serve a useful purpose by either in the relevant installation or in the wider economy, other materials to replace those that otherwise would be used for a specific position, or cause the waste for that function is prepared, to which actions in any case include the acts listed in annex II to the waste framework directive;
environmental permit: environmental authorisation provided for in article 1.1, first paragraph, of the law general provisions environmental law;
environmental permit for a device: environmental permit for an activity in relation to an establishment covered by article 2.1, paragraph 1, point (e) of the law general provisions environmental law;
Our Minister: the Minister of infrastructure and the environment;
public rainwater system: provision for the collection and further processing of run-off rain water, not being a public dirty water drains, managed by a municipality or a legal person who by a municipality to the managing;
public dewatering system: provision for the collection and further processing of raw water, not being a public dirty water drains, managed by a municipality or a legal person who by a municipality to the managing;
dirty water sewer: public provision for the collection and transportation of municipal waste water, managed by a municipality or a legal person who by a municipality to the managing;
Prevention: measures taken before a substance, material or product has become waste, to reduce: a. the quantities of waste, whether or not through the re-use of products or the extension of the life of products;
b. the negative consequences of the produced waste for the environment and human health, or c. the content of harmful substances in materials and products;
Kyoto Protocol: on 11 december 1997 in Kyoto established Kyoto Protocol to the United Nations Framework Convention on climate change (Trb. 1998, 170, and 1999, 110);
provincial environmental policy: the provincial environmental policy plan, referred to in article 4.9;
Provincial Environment Committee: the provincial environmental Commission, referred to in article 2.41;
provincial environmental regulation: the regulation referred to in article 1.2;
The United Nations Framework Convention on climate change: on 9 May 1992 in New York achieved the United Nations Framework Convention on climate change (Trb. 1992, 189);
recycling: useful application that waste be edited to products, materials or substances, for the original purpose or for any other purpose, including reprocessing of organic waste, and excluding energy recovery and re-edit to materials intended to be used as a fuel or stuffing;
extractive waste management directive: Directive 74/60/EEC. 2006/21/EC of the European Parliament and of the Council of the European Union of 15 March 2006 on the management of waste from the extractive industries and amending Directive 74/60/EEC. 2004/35/EC (Oj L 102);
urban waste water ' means domestic waste water or in a mixture with industrial waste water, run-off rain water, ground water or other waste water;
substances means chemical elements and its compounds, as they occur in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;
deposit: the land application of waste to this there;
Regulation EU emissions trading registry: registry regulation referred to in article 19, paragraph 3, of the EC directive greenhouse gas emission trading,
Monitoring and reporting emissions trading regulation, Regulation (EU) No. 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Ojeu 2012, L181);
Emissions trading: verification and accreditation regulation Regulation (EU) No. 600/2012 of 21 June 2012 concerning the examination of greenhouse gas emissions and tonne-kilometre reports and the accreditation of verifiers under Directive 2003/87/EC of the European Parliament and of the Council (Ojeu 2012, L181);
processing: recovery or disposal, including preparatory acts prior to application or removal;
removal: any operation with waste which is not recovery even if the Act there in second instance means that substances or energy are recovered, to which actions in any case include the actions that are listed in annex I to the waste framework directive;
aircraft operator: aircraft operator as referred to in article 3, point (o) of the EC-directive greenhouse gas emission trading,
preparing for re-use: useful application consisting of checking, cleaning or repair, which products or components of products that have become waste are prepared so they will be reused, without further treatment is required;
extractive waste: waste that come directly from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries, with the exception of waste from the offshore prospecting, extraction and treatment;
RIVM: National Institute of public health and the environment, mentioned in the law on the RIVM.
2 In this Act and the provisions based thereupon: a. are under environmental impact in any case understood consequences to the physical environment, seen from the importance of the protection of humans, animals, plants and goods, from water, soil and air and of scenic, scientific and cultural-historical values and the mastery of the climate, as well as of the relationships between them;
b. be under environmental impact include consequences associated with effective management of waste or waste water, an effective management of consequences associated with the consumption of energy and raw materials, as well as consequences associated with the movement of people or goods to and from the device;
c. are under the protection of the environment include the improvement of the environment, caring for a effective management of waste or effective management of waste water, care for an economical use of energy and raw materials, as well as care for the limitation of the adverse consequences for the environment of the movement of persons or goods to and from the facility.
3 by order in Council be categories of establishments designated, which may cause adverse effects on the environment.
4 elsewhere in this Act and the provisions based thereon is under device means a device belonging to a category that has been designated pursuant to the third paragraph. Considered as one establishment are the same company or institution belonging to installations that have technical, organizational or functional bonds between themselves and in each other's immediate vicinity are located. Our Minister may detailed rules relating to the provisions of this Act and the provisions based thereupon under establishment means.
5 In this Act and the provisions based thereupon: a. under the discard of waste include the recovery or disposal of waste within the establishment in which they are;
b. under itself by issuing get rid of waste include: 1 °. the for recovery or disposal of waste from a device to a device that belongs to the same natural or legal person;
2 °. the temporary issue of waste for recovery;
3 °. the issue of waste to a waste for processing merchant.

6 If waste materials that have undergone a treatment for recovery, meet the pursuant to article 6, paragraphs 1 and 2, of the waste framework directive established criteria and also belong to the type of waste to which such criteria apply, they are no longer considered as waste. Our Minister may decide on a case-by-case or a ministerial order per waste stream that a waste, a waste stream respectively, which has undergone a treatment for recovery are regarded as waste, not as far as for this waste waste stream respectively no criteria apply as referred to in the first sentence and also compliance with article 6, paragraph 4, first sentence , of the waste framework directive. A ministerial order specifies which substances, mixtures or articles in any case, without prejudice to the provisions of the first and second sentence, be classified as waste, if the holder thereof disposes or intends to or is it must get rid of them. If waste is in any case not classified substances, mixtures or articles by-products within the meaning of article 5 of the waste framework directive, if these by-products complying with the conditions laid down in that article and to the under that article of the waste framework directive implementing measure or in a settlement of our Minister indicated to this criteria.
7 by order in Council can in the interest of promoting recovery are determined that doesn't involve the discard of waste, where that measure designated substances, mixtures or articles: a. directly by the holder are issued to a person who applies these substances, mixtures or articles as a whole on a manner indicated by that measure;
b. meet at that measure requirements.
Our Minister may establish further rules regarding the designation of substances, mixtures or articles, the method of application and the requirements referred to in this paragraph.
8 is in any case a waste classified as household waste or industrial waste material, if such waste in order in Council as such is appropriate.
9 the Minister may, if in his opinion, in the interests of an effective waste management immediate provision is necessary, an arrangement establishing the seventh or eighth member referred to in the application. Such a arrangement shall cease to be in force one year after they entered into force or, if within that period, an order in Council to replace that regulation entered into force, at the time when this measure comes into force. Our Minister may the term a ministerial order once for not more than one year.
10 our Minister may establish detailed rules on the indication of hazardous waste referred to in paragraph 1. Also, Our Minister or to designate authority determine that by him a waste, as defined by the holder is offered for review: a. not the properties on the basis of which this pursuant to annex III to the waste framework directive should be regarded as hazardous waste, except for the cases where that is the result of dilution or mixing, meant to reduce the concentration of hazardous substances under the threshold for dangerous substances;
b. Although these are not as hazardous waste is appropriate, yet the properties on the basis of which the annex referred to in paragraph (a) should be regarded as hazardous waste.
11 by order in Council determines in this Act and the provisions based thereupon «genetically modified organisms».
12 A or an amendment to an amendment of the annexes in accordance with article 5 or 6 of the waste framework directive established measure for the purposes of the given in the first paragraph descriptions of «recovery» and «removal» and for the application of paragraph 10, the first and sixth Member respectively, are current as of the day on which must be given to the change implementation unless by ministerial decision, which shall be published in the Government Gazette, a different time is fixed.
13 a change pursuant to article 20, paragraph 1, of the water framework directive is for the purposes of this Act are current as of the day on which the relevant amending Directive implementation must have been given, unless by ministerial decision, which in the Government Gazette or on other appropriate means shall be published, a different time is fixed.

Article 1.1 (a) 1 each one takes enough care for the environment.
2 the care referred to in paragraph 1, hold at least in that any person who knows or reasonably suspect that by his act or omission harming the environment can be caused, is obliged to withhold such action as far as this can reasonably be demanded, or to take all measures reasonably taken from him can be in order to avoid such consequences or as long as such consequences cannot be avoided, this minimize or undo.
3 the provisions of paragraphs 1 and 2 shall be without prejudice to any liability arising from the civil law and the possibility of legal persons as referred to in article 1, book 2, of the civil code, to be sued for that purpose.

§ 1.2. The provincial environmental regulation Article 1.2 1 Provincial States protect the environment any regulation.
2 the Regulation contain at least the following: a. rules to protect the quality of groundwater for the purpose of water extraction in areas designated by the regulation;
b. rules on preventing or limiting noise pollution in areas designated by the regulation.
3 to the regulation, in so far as this, in the view of provincial States over municipal matters, further rules for the protection of the environment.
4 to the regulation may provide that the regulation only apply to one or more regulations to designate in parts of the territory of the province.
5 the regulation contains no rules on the composition and characteristics of products. With regard to areas affected by the Minister in accordance with our Minister of agriculture, nature and food quality are appropriate, does the Regulation No rules in, relating to agricultural management.
6 the regulation can only, as far as this from a point of view of effective regulation is particularly appropriate, contain rules that relate directly to those rules designated categories of establishments, to the extent that: a. in respect of those establishments referred to in article 2.1, paragraph 1, point (e) of the law general provisions environmental law asked ban does not apply and those rules are necessary for the protection of the quality of groundwater for the purpose of water extraction in the regulation designated areas, or (b) the rules, alleging a ban to the establishment or operation of such establishments in areas referred to in point (a), or to the on a to that regulation to give way to changing such establishments in those areas, or changing the operation thereof.
7 to the regulation can, as far as the cases referred to in the sixth paragraph, provide that the body competent to grant an environmental permit for a device, when granting or change the license with respect to the indicated topics in the related requirements of rules laid down by the regulation can be different. In that case, the regulation indicated the extent to which the competent authority of the rules may be different. The regulation may also be determined that the jurisdiction to deviate only applies in that categories of cases.
8 to the adoption of the regulation shall take into account the applicable provincial provincial keep environmental policy plan.

Article 1.2 a at the provincial environmental regulation, no rules, which bring it to or from the province of limit or exclude waste.

Article 1.3 1 to the provincial environmental regulation may be provided that in doing so it indicated governing bodies identified categories of cases waive designated by that regulation rules, if the importance of the protection of the environment are not resistance.
2 the jurisdiction referred to in paragraph 1, shall not apply in relation to establishments for which an environment permit is required.
3 the relevant institution shall when deciding on the application for a waiver in any case take account of the environmental policy in force for him.
4 On the preparation of a decision pursuant to the first paragraph is section 3.4 of the General Administrative Law Act apply. If from the point of view of protection of the environment are to be expected, reasonable points of view can be determined at the provincial environmental regulation. In application of article 28, first paragraph, last sentence, of the Dienstenwet is paragraph 4.1.3.3. of the General Administrative Law Act do not apply to the application for a decision pursuant to paragraph 1.

Article 1.3 (a) 1 the applicant for an environmental permit that is related to a project that is part an activity for which a derogation as referred to in article 1.3, paragraph 1, is required by:

a. rules to protect the quality of groundwater as referred to in article 1, paragraph 2 (a), (b). rules regarding activities in, on, under or over a place where referred to in article 8.49 concern in relation to a closed landfill, or c. other at provincial environmental regulation designated rules, shall ensure that the application is related to that activity.
2 the first paragraph shall not apply to the extent that the activity is permitted under a waiver as referred to in article 1.3, paragraph 1, or for the activity such a waiver is requested.
3 The designated pursuant to article 1.3, paragraph 1, rules do not apply to the extent that the activities in which those rules are permitted under an environmental licence as referred to in paragraph 1.
4 it is forbidden to violate the terms of a environmental permit that relates to an activity referred to in paragraph 1.
5. Article 2.2 of the law general provisions environmental law does not apply to derogations which, under a provincial environmental regulation are required.

Article 1 .3B 1 Section 3.4 of the General Administrative Law Act and section 3.3 of the law environmental law general provisions shall apply to the preparation of the decision on an application for an environmental permit as referred to in article 1.3 (a), paragraph 1.
2 as far as the application for the environmental permit relates to an activity referred to in article 1.3 (a), paragraph 1, can the area permit may not be granted and the environmental permit is denied on the grounds that as regards a derogation for the activity indicated in the provincial environmental regulation.
(3) if application is given to article 2.5 of the law general provisions environmental law, is the second member of apply mutatis mutandis to the decision on the first and second phases.
4 as far as the area permit relates to an activity referred to in article 1.3 (a), paragraph 1, it may be withdrawn in whole or in part or can the associated regulations are amended, supplemented or revoked can still rules, or are connected with the area permit, on the grounds that in respect of an exemption for that activity are indicated in the provincial environmental regulation.
5 If provincial environmental regulation rules are designated as referred to in article 1.3 (a), paragraph 1, point (c), the regulation lays down rules regarding the particulars and documents provided by the applicant to an environmental permit be provided with a view to the decision on the application concerning the activities to which these rules apply.

Article 1.3 (c) 1 to the provincial environmental regulation, rules containing the obligation for the competent authority rules necessary for the protection of the environment and the content of which is specified in that regulation, to connect to the environmental permits for activities referred to in article 1.3 (a), paragraph 1, or for establishments belonging to a category designated in the regulation. To the regulation may be provided that the applicable rules only apply in doing so it indicated categories of cases.
2 rules as referred to in paragraph 1 may not relate to decisions on permits in respect of which our Minister Our Minister of Economic Affairs or the competent authority.
3 the regulation is directly proportional to the competent authority with regard to rules laid down by the regulation in specified subjects of may be different or additional requirements. In doing so, it may be provided that the power to be different or to provide further requirements only applies to the regulation specified categories of cases.
4 to the regulation for the obligations imposed in the time indicated, on which they already granted in relation to the environmental permits.

Article 1.4 1 in the preparation of the proposal for a provincial Executive Council consultation with the environmental regulation commit not belonging to the County governing bodies that the.
2 set the provincial Executive Council environmental Commission on the draft regulation opinion.
3 a decision adopting or amending the regulation, provincial executive communication done by sending to the Minister.
Chapter 2. Independent administrative bodies and advisory bodies § 2.1. The Dutch emission authority Article 2.1 There is a Dutch emission authority, based in the Hague.

Article 2.2 1 The emission authority has in the regulation the regulation monitoring and reporting emissions trading, emissions trading and the verification and accreditation in chapters 16 and 18 and title 9.7 assigned duties.
2 The emission authority has also to task: a. record keeping and the preparation of reports on the compliance of a treaty or a bound Netherlands for Netherlands Netherlands bound for decision of an international organization, that the limitation of emissions of greenhouse gases in the air are put into effect;
b. collect data on techniques for the determination of greenhouse gas emissions on which title 16.2 applies;
c. collecting other data with a view to the performance of its duties;
d. reporting to the Minister and to other bodies designated by order in Council on the development of the Netherlands and on emissions referred to in (a) in the Netherlands to use in other aspects of sustainability of fuels and electricity for transport.
3 by order in Council, the emission authority in so far as such tasks do not involve the exercise of public authority, be in charge of other tasks than in the first or second paragraph, particularly tasks relating to the implementation by the Netherlands of a treaty or a bound Netherlands for Netherlands for binding decision of an international organization, that the limitation of emissions of greenhouse gases in the air.
4 can under or pursuant to order in Council with regard to the content of the tasks of the emission authority arrangements.

Article 2.3 1 the Board of the emission authority consists of not more than five members.
2 the Minister shall appoint a Chairman and a Deputy Chairman from among the members.
3 members are appointed for a period of four years. They are followed by two times eligible for reappointment.

Article 2.4 [expired per 01-01-2012] article 2.5 Members of the Board of the emission authority and staff of the emission authority are directly or indirectly involved in the transfer of greenhouse gas emission allowances, emission reduction units, certified emission reductions, assigned amount units and removal units, except insofar as that is necessary for the purposes of the involvement by or under this law.

Article 2.6 [expired per 01-01-2012] article 2.7 1 our Minister to the Board of the emission Authority officials.
2 the Board of the emission authority shall ensure that the work arising from article 18.2 f, separated the other work.

Article 2.8 the emission Authority proposes a bestuursreglement containing its method.

Article 2.9 by way of derogation from article 18, first paragraph, first sentence, of the framework law independent administrative bodies shall inform the Board of the emission authority an annual report before 1 July each year.

Article 2.10 [expired per 01-01-2012] article 2.11 [expired per 01-01-2012] article 2.12 [expired per 01-01-2012] article 2.13 [expired per 01-01-2012] article 2.14 [expired per 01-01-2012] article 2.15 [expired per 01-01-2012] article 2.16 1 the Board of the emission authority and the governing body that will be authorised to grant a license under article 8.1 for an establishment to which Chapter 16 relates, or , in case for a device on which that chapter is related, in article 40, paragraph 2, of the mining prohibition laid down, our Minister of Economic Affairs, on request or on its own initiative in good time communicate to each other all information reasonably necessary for the performance of their duties.
2 in providing the information referred to in the first paragraph shall, where necessary, indicate which data of a confidential nature. This confidentiality may result from the nature of the data, or from the fact that people this to the governing bodies, referred to in paragraph 1, under the circumstances that they have provided as confidential.

Article 2.16 (a) (1) without prejudice to article 16 of this law and the provisions under article 5.3 of the law general provisions environmental law votes the Board of the emission authority and the governing body that is competent to grant an environmental permit for an establishment which Chapter 16 of this law, the exercise of the tasks among themselves, with which they are charged by the chapters 16 and 18 of this law respectively, chapters 2, 3 and 5 of the Act General provisions environmental law.

2 without prejudice to article 16.8 votes the Board of the emission authority and our Minister of Economic Affairs in the event for an establishment to which Chapter 16 of this law, in article 40, paragraph 2, of the mining prohibition laid down, the exercise of the tasks among themselves, with which they are charged by or pursuant to Chapter 16 of this law, article 40 of the mining.

Article 2.16 b [expired per 01-01-2012] article 2.16 (c) [expired per 01-01-2012] § 2.2. The Commission for environmental impact assessment Article 2.17 1 there is a Commission for the environmental impact assessment.
(2) the Commission shall have the task of the competent authority in accordance with article 7.12, paragraph 1, or article 7.32, fifth paragraph, in conjunction with article 7.12, first paragraph, of an opinion with regard to environmental impact reports.

Article 2.18 the Commission shall each year to our Minister, our Minister of agriculture, nature and food quality and our Minister of education, culture and science a report of its work. Our Ministers make the report public.

Article 2.19 1 the Commission consists of members who are experts in the field of the description, the protection and the pollution and environmental degradation and in the area of the designated activities in accordance with articles 7.2 and 7.6.
2 The President and one or more Deputy Chairmen of the Committee are submitted by us, on joint proposal of our Minister, our Minister of agriculture, nature and food quality and our Minister of education, culture and science, appointed and removed. The nomination for appointment of the President shall be in accordance with the sentiment of the Council of Ministers.
3 the Chairman and the Deputy Chairman or Deputy Chairmen may at any time resign by written notification to our Minister, our Minister of agriculture, nature and food quality and our Minister of education, culture and science.
4 the other members of the Commission are appointed and dismissed by the President of the Commission for five years and are immediately wederbenoembaar. They may at any time resign by written notice to the President.

Article 2.20 [expired per 01-07-2010] article 2.21 1 as soon as the Commission is given the opportunity to give its opinion with respect to an environmental impact report, the President, after consultation with the Deputy Chairmen, a working group from among the members of the Commission, which shall deliver its opinion within to the competent authority. The Chairman or the Deputy Chairman of the Commission appointed by him is the Chairman of the working group.
2 as a member of a workgroup are only members of the Commission designated, that are not directly involved or have been involved in the activity or at the alternatives, as referred to in article 7.7, first paragraph, point (b) article 7.23, paragraph 1, point (b), or a plan or a decision in preparing the environmental impact assessment of which is or would have to be made.
3 If a member of a workgroup does not meet the requirement laid down in the second paragraph, the Chairman of the Working Group shall release him, after consultation with the Chairman of the Commission, of its membership of the working group.
4 the working group can be assisted by experts who are not members of the Commission. The second and third paragraphs shall apply mutatis mutandis.
5 the Chairman of the Committee shall communicate to the competent authority and to the one who makes or should make the environmental impact assessment report, from which members of the Committee the working group exists and by which experts they does.

Article 2.22 1 the opinions be released in accordance with the sentiment of the majority of the members of the working group.
2 at the request of the members who have defended a position in the Working Group, that is different from the sentiment of the majority, that position in the opinion. These members can about a such position is a separate note to the opinion.

Article 2.23 the Commission has a Secretary, who is appointed and dismissed by the President, the Commission heard. The Commission has an Office, which is headed by the Secretary.

Article 2.23 (a) 1 the cost of the Commission and the Agency shall be covered by the Commission and to charge rates for the to bring out opinions.
2 The rates referred to in the first paragraph shall have a direct link with the opinions referred to in that paragraph and amount to no more than is needed to cover the costs incurred for those opinions.
3 The rates referred to in the first paragraph shall require the approval of our Minister.
4 articles 10:28 to 10:31 of the General Administrative Law Act shall apply mutatis mutandis to the approval referred to in paragraph 3.

The Commission shall adopt detailed rules concerning its article 2.24 method and forward it to our Minister.

§ 2.3. The Commission on genetic modification Article 2.25 [aging by 01-06-2007] article 2.26 There is a Commission on genetic modification.

Article 1 the Commission shall be responsible for: a. the Minister to advise on notifications and applications for authorisation relating to manufacturing or trade with genetically modified organisms and about security measures that should be taken in this context, to protect man and the environment;
b. the governing body that is competent to grant an environmental licence for a device, to advise on applications for authorisation relating to establishments designated by order in Council in so far as such requests relate to manufacturing or trade with genetically modified organisms;
c. the governing body responsible for the supervision of the manufacture of genetically modified organisms, to advise or act with respect to any such monitoring.
2 at the request of the Minister or the Minister who is concerned, or on its own initiative, the Commission shall inform Our Minister concerned if manufacturing or to activities with genetically modified organisms are connected to ethical or social aspects which, in the opinion of the Commission.

Article 2.28 Our Minister and our Ministers whom the Commission concerned, shall ensure that the Commission is informed as to the policy in the area of manufacturing or handling of genetically modified organisms.

Article 2.29 each time within a period of four years, the Commission shall submit a report to the Minister, in which at least the task, the composition, the apparatus and method of the Commission to be a research subject and proposals for desired changes. Our Minister shall forward the report, with its position, to the two rooms.

Article 2.30 1 the Commission consists of a Chairman and at least 15 and not more than twenty other members.
2 The President and the other members of the Commission shall be appointed on the basis of their expertise in the field of manufacturing or handling of genetically modified organisms and the possible consequences for man and the environment, including the ecological consequences and to take security measures.

Article 2.31 1 the President of the Commission is appointed by the Minister. Our Minister will hear the Commission before he the President appoints.
2 the Minister appoints at least fourteen and not more than nineteen other members of the Commission.
3 President and members are appointed for a term of four years. They are at once again can be named.
4 the Chairman and the members may at any time resign by their function written notification to our Minister.
5 our Minister may in special cases the Chairman and the other members in their function and suspend from their duties.

Article 2.32 1 the Commission shall designate from among its members a Vice-Chairman.
2 The Deputy Chairman may at any time resign his Office by written notice to the President.
3 In special cases, the Commission may suspend in its function and Deputy President from his post.

Article 2.33 1 the Commission shall be assisted by a Secretary. A Deputy Secretary to the Secretary can be added.
2 the Secretary and the Deputy Secretary by the Minister are appointed, suspended and dismissed from their duties in their function, the Committee heard.
3 the Secretary is not a member of the Commission.
4 the Secretary is accountable only for the performance of his task to the Commission.
5 the Minister may provide an Office for the Commission, headed by the Secretary.

Article 2.34 1 the Commission may set up subcommittees for specific topics.
2 the Chairman of a Subcommittee is appointed by the Commission from among its members.

Article 2.35 1 the Commission and its subcommittees can be assisted in their work by persons who are not members of the Commission.
2 our Minister and our Ministers of Social Affairs and employment, of health, welfare and Sport and the Minister of agriculture, nature and food quality can, each for their Ministry, appoint responsible officials to attend the meetings by the Committee and its subcommittees, except that in the meetings of the Commission for each of those ministries in no more than one officer present.

Article 2.36


1 Commission meetings are open to the public. The Commission shall, by its decision referred to in article 2.40 rules on public access to the meetings of the subcommittees.
2 a meeting or any part thereof shall not be public, in the cases envisaged in article 10, paragraph 1, of the Act and in cases in which the importance of openness not outweighs the in article 10, paragraph 2, of the law mentioned interests.

Article 2.37 1 the opinions of the Committee be released in accordance with the sentiment of the majority of the meeting.
2B Assembly inserted minority opinions are in or at the opinions mentioned.

Article 2.38 the Commission shall keep the opinions adopted on the related preparatory acts at the disposal of our Minister and of the governing bodies, referred to in article 27, paragraph 1, (b) and (c).

Article 2.39 1 the President of the Commission shall consult at least once a year consulting with our Minister about the activities proposed by the Commission for the next twelve months. The Commission then adopts the programme of its work and shall transmit this to the Minister.
2 for the purposes of the preparation of the consultations referred to in paragraph 1, the Commission shall draw up a list of the activities proposed and submit it to the Minister in a timely manner. The Commission shall submit with the overview an estimate of the costs associated with the implementation of the work.
3 the Commission shall exercise its activities within the framework of the resources which its annual under the budget law are made available.

The Commission shall adopt detailed rules concerning its article 2.40 method and the method of its subcommittees and forward it to our Minister.

§ 2.4. The provincial environmental Commission rule 2.41 1 provincial Council and provincial Executive in accordance with article 82 of the joint Provincial Committee in provincial law, which is in advance by provincial and provincial executive heard about measures and plans, which are relevant to the provincial environmental management.
2 Provincial States and Executive Council shall appoint an equal number of members.
3 The Inspector is ex officio member of the Commission.
Chapter 3. International Affairs article 3.1 [Red: reserved.]
Chapter 4. Plans § 4.1. General article 4.1 In this chapter, our Ministers means: our Minister, together with Our Ministers of transport, public works and Water management, agriculture, nature and food quality, Economic Affairs, and of education, culture and science as far as the parts of the environment policy, within their responsibility.

Article 4 .1a 1 if pursuant to a binding decision of an international organization for Netherlands a plan or programme should be established for which no basis in the law and in respect of which, under article 2, paragraph 2, of Directive 74/60/EEC. 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice, amending Council directives 85/337/EEC and 96/61/EC (Oj L 156) in public participation should be provided , is on the preparation of that plan or programme section 3.4 of the General Administrative Law Act apply. The first sentence shall apply mutatis mutandis to a revision of a plan or programme.
2 Views as referred to in article 3:15 of the General Administrative Law Act can be put forward by each one.
3 a modification of the directive referred to in the first paragraph or an annex to that directive for the purposes of this chapter are current as of the date of execution must be given to the relevant change, unless by a decision of the Minister, which shall be published in the Government Gazette, a different time is fixed.

Article 4.1 b 1 in so far as on the preparation of a plan or programme in this law that is referred to in annex I to Directive 74/60/EEC. 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice, amending Council directives 85/337/EEC and 96/61/EC (Oj L 156) , the procedure prescribed in Chapter 7, shall be subject exclusively to that procedure and the provisions in this Act in other chapters, respectively, are included, to the extent necessary outdoor application.
(2) an amendment to annex I to the directive referred to in paragraph 1 for the purposes of this chapter are current as of the date of execution must be given to the relevant change, unless by a decision of the Minister, which shall be published in the Government Gazette, a different time is fixed.

Article 4.2 1 the Netherlands environmental assessment agency brings once in four years to our Minister a scientific report, in which the development of the quality of the environment is described by the Minister to give a period of at least the next ten years. In any case, who described the basis of the development for that period most likely development of the circumstances which are important. Also be included in the report descriptions, one each on the basis of other developments of those circumstances, that is, to can reasonably be assumed, in the period in question. The report is released at least 6 months and not more than 12 months before the next national environmental policy plan our Ministers. To meet this obligation in cases where the period of validity of a national environmental policy plan with application of article 4.6, paragraph 2, is extended, can be exempted from the time limit specified in the first sentence of four years.
2 the Netherlands environmental assessment agency brings once in two years to our Minister a scientific report, in which the development of the quality of the environment is described, which is the result of the implementation of the policy measures that affect that quality and that in the period to which the report relates. It is in any case indicated the extent to which these measures have contributed to the achievement of the results, which in the existing national environmental policy plan is indicated that they are intended for the period in question. It shall also be indicated how the described development of the quality of the environment relates to the development described in the corresponding previously released reports. In the event of unforeseen a circumstance occurs that may have important implications for the development of the quality of the environment in the longer term, and our Minister so requests, the Netherlands environmental assessment agency in a report a description of this development may be resulting.
3 points, together with our Minister-any as far as 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, government institutions, which by the Netherlands environmental assessment agency in any case are involved in drafting the reports. A government agency is for indication only eligible if it is able to the Organization, staff and equipment for the preparation of the reports on appropriate scientific level to carry out the necessary work.
4 our Minister may, together with-any as far as 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, rules regarding the way in which the third paragraph under the designated government agencies be involved in the preparation of the reports.

Article 4 .2A 1 our Minister may give directions about supposed developments that in any case as a basis for descriptions referred to in article 4, paragraph 1, should be adopted. He can also provide clues about topics that in any case in a report referred to in that subsection must be described.
2 except in the article 4.2, paragraph 2, fourth sentence, and in the first paragraph of this article, give our Ministers concerned the Netherlands environmental assessment agency and the bodies designated pursuant to article 4.2, paragraph 3, no evidence with regard to the content of the reports.
3 the Minister shall forward the reports to the States General; a report referred to in article 4, paragraph 1, before or simultaneously with the next national environmental policy plan. The Netherlands environmental assessment agency shall ensure that the reports be made widely available.

Article 4.2 (b) for the preparation of environmental policies provide the various public bodies one another on request with all information and data, over which they may have, as far as those for that preparation reasonably necessary.

§ 4.2. The national environmental policy plan Article 4.3


1 our Ministers at least once in four years a national environmental policy plan, that with a view to the protection of the environment direction indicates by the State to take decisions in the next four years, and that is expected to also will be able to give direction to take decisions over the next four years.
2 the plan contains the main business of the Government to implement environmental policy, which particularly focuses on development that meets the needs of the present generation, without compromising the possibilities for future generations to meet their needs, and to achieve the highest possible level of protection for the environment as reasonably. The possible developments in society and the desired quality of the environment in the long term, as well as the relevant international developments, be taken into account in the plan.
3 to this main business include at least: a. in the period of eight years and, in so far as they are reasonably to indicate, in the next four years intended results on the quality of the various components of the environment;
b. in the period of eight years and, in so far as they are reasonably to indicate, in the next four years intended results on preventing, limiting or undo effects of human activities that damage or pollute the environment, using up;
c. the designation of areas in which the quality of the environment or of one or more of them in need of special protection;
d. how to achieve and maintain the results referred to in (a), (b) and (c) will be pursued and the terms that will be used, and the degree of priority given to achieving those results is given;
e. the reasonably expected to occur on the financial, economic and spatial effects of environmental policy.
4 In the plan also to our Ministers the extent to which the proposed policy is based on, or leads to adjustment of the State water policy and national policy, and the extent to which and the period within which they intend the national water plan, referred to in article 4.1, first paragraph, of the water law, respectively the nature policy plan, referred to in article 4 of the nature conservation Act 1998 to review. With the applicable national environmental policy plan is also taken into account in the establishment of policy on other policy areas, provided that they comply with the importance of the protection of the environment is hit.

Article 4.4 1 our Ministers involved in the preparation of the national environmental policy plan in their view at the topics most interested governing bodies, institutions and organizations. These include in each case Executive Council of the provinces.
2 On the preparation of the national environmental policy plan is section 3.4 of the General Administrative Law Act apply. Views can be put forward by each one.

Article 4.5 1 as soon as the national environmental policy plan is established, our Ministers of this communication by presenting the plan to the States General and by transmission to Executive Council of the provinces.
2 our Minister makes fixing known in the Government Gazette. Here he gives, how knowledge can be got from the contents of the plan.

Article 4.6 1 the national environmental policy plan applies with effect from a date to be determined by a decision of Our Ministers. A decision as referred to in the first sentence, shall not be taken earlier than eight weeks after the plan pursuant to article 4.5, paragraph 1, is presented to the States General. If by or on behalf of one of the rooms of the States-General of the Netherlands within eight weeks after the plan has been submitted, is displayed on the plan that they want to discuss in public, a decision as referred to in the first sentence, taken not earlier than six months after the submission of the plan or, if the deliberations at an earlier time are ended , after which deliberations. Our Ministers inform the States General in writing of the conclusions which they connect in the deliberations for the national environmental policy and for the implementation of the plan. The Minister makes a decision as referred to in the first sentence, known in the Government Gazette and indicating the inferences that have been communicated to the States General.
2 The plan applies, except where previously a new plan has been established, for a period of four years. Our Ministers may the period of validity of the plan once for not more than two years. Our Minister does communication of a decision as referred to in the second sentence, by the production of the decision to the States General and makes it known in the Government Gazette.
3 keep The organs of the Empire in each case take into account the existing national environmental policy plan in taking a decision designated in this Act, and when taking a decision under a law, listed in annex 1, provided that they comply with the importance of the protection of the environment should or can be taken into account.
4 the third paragraph shall not apply to decisions: a. in relation to the national water plan, referred to in article 4.1, first paragraph, of the water law;
b. that are taken by an institution of the Empire in the place of an organ of another public body, because of the failure of that organ.
5 for the purposes of paragraph 3 are conclusions which in accordance with the provisions of the first paragraph have been communicated to the States General, classified as part of the plan.

§ 4.3. The national environmental programme [expired per 25-04-2013] article 4.7 [expired per 25-04-2013] article 4.8 [expired per 25-04-2013] § 4.4. The provincial environmental policy Article 4.9 1 Provincial States shall, at least once in four years a provincial environmental policy plan, that with a view to the protection of the environment direction indicates in the next four years to take decisions of provincial Council and provincial executive and governing bodies to which powers have been delegated provincial in the exercise of which must be taken into account with the plan , and that is expected to also will be able to give direction to take decisions over the next four years.
2 the plan contains the main business of the provincial Executive to run by provincial States and environmental policy.
3 to this main business include at least: a. in the period of eight years and, in so far as they are reasonably to indicate, in the next four years intended results on the quality of the various components of the environment, taking into account the under or in accordance with article 5.1, paragraph 1, and the requirements in annex 2 environmental quality established air quality requirements;
b. in the period of eight years and, in so far as they are reasonably to indicate, in the next four years intended results on preventing, limiting or undo effects of human activities that damage or pollute the environment, using up;
c. the designation of areas in which the quality of the environment or of one or more of them in need of special protection;
d. how to achieve and maintain (a), (b) and (c) results by the administrative authorities referred to in the first paragraph will be pursued and the terms that will be used, and the degree of priority given to achieving those results is given;
e. the foreseeable financial and economic consequences of environmental policy.
4 to the areas referred to in paragraph 3, point (c), include at least: a. the areas under the nature conservation Act have been designated as protected natural monument, and b. the areas that are designated for the implementation of the Convention on Wetlands of international importance, especially as domicile for waterfowl (Ramsar Convention, Trb. 1975, 84) except as otherwise provided in such designation.
5 In the plan provincial States in addition to what extent the proposed policy is based on, or leads to adjustment of the regional water policy, the provincial planning policy or the provincial traffic and transport policies and the extent to which and the period within which they intend the applicable regional water plan, referred to in article 4, paragraph 1, of the water law, one or more designs in force referred to in article 2.2 of the law or the applicable provincial traffic and spatial planning transport plan as referred to in article 5 of the traffic and transport plan law, review.

Article 4.10 1 The provincial environmental policy plan is prepared by Executive Council.
2 provincial executive involved in the preparation of the plan in their view at the topics most interested public bodies. These include in each case: a. Executive Council of the adjacent counties, b. the governing bodies to which powers have been delegated provincial in the exercise of which must be taken into account with the plan, and (c). Our Minister.
3 provincial executive involved in the preparation of the plan, the residents and stakeholders, in the manner provided for in the regulation adopted pursuant to article 147 of the provincial law.

Article 4.11


1 as soon as the provincial environmental policy plan is adopted, do Executive Council of this communication by sending the plan to the Minister and to the governing bodies to which powers have been delegated provincial in the exercise of which must be taken into account with the plan.
2 make the establishment known provincial Executive in the Government Gazette. Hereby they give, how knowledge can be got from the contents of the plan.

Article 4.12 1 The provincial environmental policy plan applies, except where previously a new plan has been established, for a period of four years after its adoption in accordance with article 4.11, second paragraph, is published.
2 can the period of validity of the provincial plan once for not more than two years. Do provincial executive communication of a decision as referred to in the first sentence, by forwarding thereof to the Minister and to the governing bodies to which powers have been delegated provincial in the exercise of which must be taken into account with the plan. They make it known in the Government Gazette.
3 provincial Council and Executive Council in each case take into account the applicable provincial environmental policy plan in taking a decision designated in this Act, and when taking a decision under a law, listed in annex 1, provided that they comply with the importance of the protection of the environment should or can be taken into account.
4 the third paragraph shall not apply to decisions: a. in relation to a regional water plan referred to in article 4, paragraph 1, of the water law;
b. be taken by provincial Council or Executive Council in the place of an organ of another public body, because of the failure of that organ.
5 the third paragraph shall apply mutatis mutandis to decisions: a. that by an organ of another public body are taken in the place of provincial Council or Executive Council because of the failure of provincial States provincial respectively;
b. under a provincial jurisdiction to a body of another public body is transferred.

Article 4.13 [expired per 01-10-2012] § 4.5. The provincial environmental programme [expired per 25-04-2013] article 4.14 [expired per 25-04-2013] article 4.15 [expired per 25-04-2013] § 4 .5a. The regional environmental policy plan [expired per 01-01-2015] article 4.15 (a) [expired per 01-01-2015] § 4.5 b. The regional environment program [expired per 25-04-2013] article 4.15 b [expired per 25-04-2013] § 4.6. The municipal environmental policy Article 4.16 1 the City Council can adopt a municipal environmental policy plan, that with a view to the protection of the environment direction indicates by the City Council or mayor and aldermen to take decisions.
2 contains the main business of the plan by the City Council or mayor and aldermen to implement environmental policy.

Article 4.17 1 municipal environmental policy plan is prepared by The Mayor and aldermen.
2 Mayor and Councillors involved in the preparation of the plan in their view at the topics most interested governing bodies. These include in each case: a. gedeputeerde staten, b. Mayor and Councillors of the adjacent municipalities, and c. our Minister.
3 Mayor and Councillors involved in the preparation of the plan, the residents and stakeholders, in the manner provided for in the regulation adopted pursuant to article 150 of the municipal law.

Article 4.18 1 once municipal environmental policy plan is adopted, do the Mayor and aldermen of this communication by sending the plan to Executive Council and to the Inspector.
2 make the Mayor and aldermen down known in one or more daily or news sheets in the municipality. Hereby they give, how knowledge can be got from the contents of the plan.

Article 4.19 1 when setting the municipal environmental policy the City Council determines the period during which it applies.
2 the City Council, the period of validity once for not more than two years. Article 4.18, second paragraph, shall apply mutatis mutandis.
3 if in the municipality a municipal environmental policy plan, the City Council Mayor and Councillors in each case respectively keep account with that plan in taking a decision designated in this Act, and when taking a decision under a law, listed in annex 1, provided that they comply with the importance of the protection of the environment should or can be taken into account.
4 the third paragraph shall not apply to decisions under the responsibility of another public body, which to the City Council or mayor and aldermen is delegated.

§ 4.7. The municipal environmental programme [expired per 25-04-2013] article 4.20 [expired per 25-04-2013] article 4.21 [expired per 25-04-2013] § 4.8. The municipal sewerage plan Article 4.22 1 the municipality Council, each for a period to be determined in a municipal sewerage plan.
2 the plan contain at least the following: a. an overview of the in the municipality facilities for the collection and transportation of municipal waste water referred to in article 10.33, as well as the collection and further processing of run-off rain water referred to in article 3.5 of the water law, and measures to structurally adverse consequences of the water table for the given destination to the ground to avoid or minimise as far as possible referred to in article 3.6 of the latter law and an indication of the time when those facilities are expected to be replaced;
b. an overview of the in the period covered by the plan to fit or replace facilities referred to in point (a);
c. an overview of how the facilities referred to under a and b, are or will be managed;
d. the environmental impact of the facilities referred to in point (a), and of the activities announced in the plan;
e. an overview of the financial consequences of the activities announced in the plan.
3 if in the municipality a municipal environmental policy plan, the City Council with that plan account when establishing a municipal sewerage plan.
4 the Minister may, in accordance with the Minister of transport, to municipalities impose a duty to performance comparison in respect of the execution 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 law. By or pursuant to order in Council rules may be asked about the frequency, content and scope of the performance comparison.

Article 4.23 1 the municipal sewerage plan is prepared by Mayor and aldermen. They involve in the preparation of the plan in each case: a. gedeputeerde staten, b. the administrators of the work to which the collected waste water waste water treatment plants concerned is transported, and c. the operators of the surface waters in which the collected water is discharged.
2 once the plan is adopted, do Mayor and Councillors of this communication by sending the plan to the in the first paragraph, under (a) to (c), the said bodies, and our Minister.
3 make the Mayor and aldermen down known in one or more daily or news sheets in the municipality. Hereby they give, how knowledge can be got from the contents of the plan.

Article 4.24 [expired per 01-10-2012] Chapter 5. Title 5.1 environmental quality requirements. General provisions regarding environmental quality requirements Article 5.1 1 In the interest of protecting the environment, to the extent of more than provincial interest is, by order in Council demands regarding the quality of parts of the environment from a time determined in this respect.
2 to the decision to establish an order in Council as referred to in paragraph 1, shall in any case: (a) available scientific and technical data, b. the available data on the existing State of the environment, c. the reasonably foreseeable developments that are important for the protection of the environment , d. the possibility of the risk to the environment as a result of the requirement to take into account pressures as small as is reasonably possible, and e. the reasonably foreseeable, resulting from the realisation of the set claim financial and economic consequences, as far as these are relevant for the determination of the milieukwaliteitseis and milieukwaliteitseis that this is not contrary to a related EU directive or EU regulation. In an explanation of the measure indicates how these aspects in the preparation of the measure.
3 at a measure referred to in paragraph 1, in respect of a specified milieukwaliteitseis is to determine if this is classed as limit value, target or other listed in implementation of a EU directive or EU regulation milieukwaliteitseis, except that: a. a limit value represents the quality in the measure stated time at least must be reached , and that, where it is present, at least should be maintained;

b. a guide value represents the quality in the measure stated time must be reached as much as possible, and that, where it is present, as much as possible should be maintained;
c. a implementing an EU directive or the EU regulation milieukwaliteitseis in accordance with that directive or regulation specifies quality, including a requirement applicable with respect to that derogation.
4 At a measure referred to in paragraph 1 may provide that a milieukwaliteitseis only applies to one or more specified by the measure to designate areas, or areas that belong to a specified category in the measure. A time referred to in the first paragraph can serve different by the measure to indicate areas or categories of sites are different.
5 by a measure referred to in the first paragraph shall be applicable in respect of the environmental quality demands a deadline, for which Our Minister and, as far as the parts of the environment policy within their responsibility, our Ministers of transport and of agriculture, nature and food quality should indicate to what extent the relevant milieukwaliteitseis in their view need revision. If a milieukwaliteitseis not such a value that can reasonably be assumed that if this requirement is met, the risk to the environment as a result of the requirement shall be taken into account in setting the pressures are negligible, the minimum time-limit referred to in the preceding sentence, shall not exceed eight years.

Article 5.2 1 At a measure referred to in article 5.1, first paragraph, the powers designated in the exercise of which: a. the measure limit values to be respected, b. with the orientation at the measure values should be taken into account, or c. the measure implementing an EU directive or regulation and environmental quality demands are concerned EU , in the manner prescribed by that measure.
At the measure may also be made with regard to the way in which rules on the obligations contained in it implementation should be given.
2 the first paragraph takes place only apply to the extent that the legislation on which a jurisdiction referred to in that paragraph is based, are not resistance.
3. If in an area for which a milieukwaliteitseis is, for the relevant part of the environment the quality is better than the requirement indicates, that quality for the purposes of the first paragraph under the appropriate powers for this area in the place of the requirement indicated in the quality. In a measure referred to in article 5.1, first paragraph, may provide that the first sentence in respect of the specified milieukwaliteitseis does not apply.
4 If in the exercise of a privilege in respect of which, by virtue of the first paragraph provides that in doing so, account should be taken of a value, that value is deviated, the reasons for that decision in any case which have led to this good cause.

Article 5 .2A [expired per 15-11-2007] article 5.2 b 1 At a measure referred to in article 5.1, paragraph 1, to implement the water framework directive, to provincial States dedicated environmental quality requirements, insofar as they are adopted at a measure under article 5.1, paragraph 1, in a provincial environmental regulation as referred to in article 5, paragraph 1.
2 a ministerial order may be lodged at the provincial Council setting out the requirements in the provincial environmental regulation to designate in this cases. Such a scheme is established by the Minister together with our Ministers of transport and of agriculture, nature and food quality, each as far as it matters which up to its responsibility.
3 at a measure referred to in article 5.1, paragraph 1, in accordance with article 4, fourth, fifth and seventh heading, of the water framework directive determined to what extent and under what conditions can be exempted from the regulations made pursuant to article 4, paragraphs 1 and 2 of that directive, asked environmental quality requirements and deadlines.
4 In: a. the national water plan, referred to in article 4.1, first paragraph, of the water law, b. a regional water plan referred to in article 4, paragraph 1, of the water law, (c) a management plan as referred to in article 4.6, paragraph 1, of the water law, the measures or set out to prevent deterioration of the status of all bodies of surface water and groundwater bodies in connection with the performance of the obligations of the water framework directive are appropriate , except as in accordance with article 4, sixth, seventh and eighth paragraph, of that directive at a order in Council referred to in article 5.1, paragraph 1, provides that decline of a State is permitted.
5 under or pursuant to order in Council may be set with regard to the application of the fourth member.

Article 5.3 1 by order in Council on environmental quality requirements rules can be set with regard to: a. the manner in which and the frequency with which the quality of the relevant components of the environment measured or calculated;
(b) the responsibility for the measurements or calculations referred to in (a) and the way in which report is done and (c). the method of funding of the measurements or calculations.
2 to the measure referred to in paragraph 1 may provide that the method of measurement or calculation and the frequency thereof a ministerial order to be established.
3 by order in Council be rules relevant to the preparation of programmes for the monitoring of surface water bodies and groundwater bodies as referred to in article 8 of the framework directive on water, areas referred to in annex IV to that directive, can be made additional obligations which serve to implement an EU directive or EU regulation. At the measure may in respect of the environmental objectives, referred to in article 4 of the water framework directive, mutatis mutandis, be given to the first and second member.

Article 5.4 when it is necessary to conclude a ministerial order referred to in article 21.6, paragraph 6, shall be adopted, are the third, fourth and fifth paragraph, articles 5.1, 5.2 and 5.3 shall apply mutatis mutandis.

Article 5.5 1 Provincial States may in the provincial environmental regulation environmental quality requirements referred to in article 5.1, paragraph 1. Articles 5.1, third, fourth and fifth member, 5.2 and 5.3 shall apply mutatis mutandis to the establishment of environmental quality requirements referred to in the first sentence, provided that the first paragraph, in accordance with article 5.2, no powers of organs of the Empire are designated.
2 by an order in Council referred to in article 5.1, paragraph 1, or a ministerial order referred to in article 21.6, paragraph 6, the jurisdiction referred to in paragraph 1, in relation to a matter in respect of which that scheme in that measure or in a milieukwaliteitseis is established, as far as that is necessary in the public interest , be limited.

Title 5.2. Air quality requirements § 5.2.1. General provisions article 5.6 1 by way of derogation from title 5.1 will apply to the quality of the outdoor air only this title, annex 2 and the provisions based on this title.
2 this title, annex 2 and the title-based provisions do not apply to such places as defined in article 2 of the Council Directive 89/654/EEC of 30 november 1989 concerning the minimum safety and health requirements for the workplace (Oj L 393), on which locations provisions concerning health and safety at work apply and to which members of the public usually don't have access to.

Article 5.7 1 this title, annex 2 and the provisions based on this title with regard to the quality of the outdoor air: eight-hour mean concentration: concentration in the ambient 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: metropolitan area with at least 250 000 inhabitants;
alarm threshold: quality level when reaching of which warning the population is necessary in order to avoid the risks to human health in the event of a short-lived exceeding that level of quality;
AOT40 value: summoned difference between the hourly average concentrations of ozone above 80 micrograms per m3 and 80 micrograms per m3 between 8 am and 8 pm Central European time, over a period of time, expressed in (micrograms per m3) • hours;
motorway: motorway as referred to in article 1, point (c) of the rules of traffic rules and road signs 1990;
assessing the air quality: set the quality level and determine the extent to which a defined quality level meets a limit value, exposure concentration obligation, target, plan, alert threshold or information threshold threshold referred to in annex 2;

exposure concentration obligation: a on the basis of the average exposure indicator specific level of quality with the goal the harmful effects on human health, to which must be met within a certain time limit;
outdoor air: outdoor air in the troposphere;
contributions from natural sources: emissions of pollutants that are not directly or indirectly caused by human activities, including natural phenomena such as volcanic eruptions, seismic activities, geothermal activities, forest fires, storms, sea salt as a result of the verstuivend sea water or atmospheric opwerveling or displacement of natural particles from dry regions;
EC air quality directive: Directive 74/60/EEC. 2008/50/EC of the European Parliament and of the Council of the European Union of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152,);
average exposure indicator: average quality level in accordance with the air quality assessment Scheme is determined on the basis of urban background locations throughout the entire Dutch territory and that the exposure of the general public;
limit value: quality level with the aim of adverse effects on human health or the environment as a whole to avoid, prevent or reduce and that should be achieved within a specified period and, once it is reached, no more may be exceeded;
information: quality level when reaching that informing of the population is necessary, in order to avoid risks to the health of particularly sensitive sections of the population in case of a momentary exceeding that level of quality;
annual average concentration: concentration in the ambient 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 sulphur dioxide, nitrogen dioxide, nitrogen oxides, lead and benzene and at prevailing temperature and pressure for particulate matter (PM10) and particulate matter (PM2, 5);
quality level: concentration in the outdoor air or the deposition rate of a pollutant;
air pollution: presence in the outside air of pollutants;
plan threshold: quality level when reaching of which a systematic approach of air pollution;
guide value: quality level that has been established with the aim to adverse effects on human health or the environment as a whole to avoid, prevent or reduce as far as possible within a specified period of time and that is to be achieved;
nitrogen oxides: the total number of volumes of nitric oxide and nitrogen dioxide, expressed in micrograms per billion volumes of nitrogen dioxide per m3;
hourly mean concentration: concentration in the ambient air, averaged over a whole hour, expressed in micrograms per m3 air at a temperature of 293 Kelvin and a pressure of 101.3 kilopascals;
determining the quality level: through measurement or calculation determine whether forecasting of the concentration of a pollutant in ambient air or the deposition outside of that substance;
pollutant: substance that are in the air and that is likely to have harmful effects on human health or the environment as a whole;
twenty-four-hour mean concentration: concentration in the ambient air, averaged over the period from 00:00 to 24:00 central European time, expressed in micrograms per m3 air at a temperature of 293 Kelvin and a pressure of 101.3 kilopascals for sulphur dioxide and at prevailing temperature and pressure for particulate matter (PM10);
winterhalfjaar average concentration: concentration in the ambient air, averaged over twenty-four-hour average concentrations from 1 October to 31 March, expressed in micrograms per m3 air at a temperature of 293 Kelvin and a pressure of 101.3 kilopascals;
zone: part of the Netherlands;
particulate matter (PM10): in outdoor common dust particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 10 μm aerodynamic diameter;
particulate matter (PM2, 5): common dust particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 2.5 µm aerodynamic diameter.
2 by way of derogation from article 1.1, first paragraph, is in this title, annex 2 and the materials shall include provisions based on this title under: chemical elements and their compounds as this occurrence in nature or at the hands of man be spawned.

Article 5.8 [ed: this article does not occur any more in activity. The article was withdrawn by Stb. 2009/158.]
(1) if amendment of this title, annex 2 or the provisions based on this title is appropriate for the implementation of a directive of the Council of the European Union on the quality of the outdoor air, our Minister, after hearing the Tweede Kamer der Staten-Generaal, a temporary arrangements, which as far as it is indicated in the place of this title , annex 2 or the provisions based on this title.
2 within 18 months after the date of entry into force of that scheme is a draft law equivalent to brought before the House of representatives.

§ 5.2.2. Plans Article 5.9 1 Mayor and aldermen in the indicated in annex 2, regulation 13.1, cases where a plan threshold is exceeded a plan, specifying in what way and by means of what measures will be met to the appropriate limit value listed in the annex, within the time limit set for that value. They shall ensure the implementation of the plan.
2 On the preparation of a plan referred to in the first paragraph, is section 3.4 of the General Administrative Law Act apply. Views can be put forward by each one.
3 provincial Executive, our Minister, our Ministers of agriculture, nature and food quality and of transport and other governing bodies that measures at the request of Mayor and aldermen deliver a contribution to drawing up and implementing a plan referred to in paragraph 1. The respective governing bodies in the plan account for whether or not motivated measures. Regarding the drafting and implementation of the plan Mayor and aldermen consultation with the governing bodies.
4 for 1 may of the year following the year in which the threshold is exceeded the plan concerned, in accordance with the rules laid down under article 5.20, is determined and reported, Mayor and aldermen gedeputeerde staten of a set plan as referred to in paragraph 1. For 1 July of that year, Our provincial Minister of any plans received by them.
5 Mayor and aldermen report once in three years, before 1 may of the following year, on that period to Executive Council about the progress of the implementation of a plan or plans referred to in paragraph 1. For 1 July of that year, Our provincial Minister of any progress reports received by them.
6 Mayor and aldermen shall ensure that the plan, referred to in paragraph 1, in accordance with a programme referred to in paragraph 1, or article 5.12, 5.13, first paragraph.

Article 5.10 [expired per 01-08-2009] article 5.11 1 a plan referred to in article 5.9, paragraph 1, first paragraph, or 5.12, 5.13, first paragraph, contain at least the information referred to in annex XV, section A of the EC directive on ambient air quality.
2 an amendment of annex XV, section A of the EC directive on ambient air quality for the purposes of the first paragraph shall apply with effect from the day on which must be given to the relevant amending Directive implementation and does not relate to a plan established before that day, unless otherwise follows from the change.
3 for cases where pursuant to article 3.7, first paragraph, first paragraph, or 5.12, 5.13 for more than one substance, first paragraph, a plan is adopted and implemented, carries the relevant governing body care for one plan for the substances concerned. The first paragraph shall apply mutatis mutandis.

§ 5.2.3. National program and other programs Article 5.12 1 the Minister shall, in accordance with the sentiment of the Council of Ministers and heard the first and Tweede Kamer der Staten-Generaal, in relation to a limit value proposed in annex 2 on or after its time is exceeded or is likely to be exceeded, a programme aimed at achieving that limit value. The program covers to indicate a period of five years.
2 In the program, referred to in paragraph 1, be at least mentioned or described the during the period referred to in that paragraph by one or more governing bodies of the Empire take generic measures for improving the ambient air quality and its effects on air quality.
3 in relation to one or more in the program, referred to in paragraph 1, designated areas, the program includes, after consultation with the relevant governing bodies, also: a. a description of the concentrations present in the outdoor air pollutants and the autonomous development above the relevant field, based on the latest information available with respect to those concentrations, as well as a description of the causes of an overrun or crossing of the corresponding limit value;

b. If at the time of adoption of the programme to one or more places within a designated area a limit value is exceeded in force: a list of all reasonably, during the period referred to in the first paragraph, by the relevant governing bodies to take measures that contribute to the achievement of policy which aims to reach that limit, the effects of those measures on the air quality as well as the time when that limit is expected to have been achieved;
c. a description of the expected developments in the relevant field and of the decisions made during the period referred to in paragraph 1 are expected to be taken and that in meaning contribution to the concentration in outdoor air in that area of a substance for which a limit value is included in annex 2, based on the information provided under the seventh Member as well as the effects of these developments and decisions on air quality;
d. a description of the governing bodies, which have been designated for that purpose in the program, then take other measures referred to in subparagraph (b), associated with the developments or decisions referred to in (c) and aimed at reaching the limit value or limits in the areas concerned, as well as the effects of those measures on air quality;
e. a forecast of the development of the concentrations referred to in subparagraph (a), during the period referred to in the first paragraph, on the understanding that it shall also be indicated how much earlier 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 in (c), a limit value in the area concerned is achieved than in accordance with the autonomous development , mentioned in (a), it is expected that would be the case.
A ministerial order rules can be set with regard to the practical arrangements for the parts (a) to (e) and of the fourth and sixth member, including to guidelines and criteria.
4 when describing: a. the autonomous development, referred to in paragraph (a) is also taken into account the combined effect of the exercise of powers and the application of legal rules which, during the period referred to in the first paragraph are expected to take place and not in meaning contribution to the concentration in outdoor air in that area of a substance for which a limit value is included in annex 2;
(b) the effects of the measures referred to in the second and third paragraphs, the effects of since 1 January 2005, to improve air quality imported measures are taken into account.
5 In a program referred to in the first paragraph, no decisions referred to in paragraph 3, point (c), if it is plausible that this a further overrun or crossing a border value result in force at the time when, with application of: a. postponement referred to in article 22, first paragraph, of the EC-directive on ambient air quality, from the times when included in annex 2 to the limit values for nitrogen dioxide or benzene must be met , b. exemption referred to in article 22, paragraph 2, of the EC-directive on ambient air quality, by obligation to provide Annex 2 limit values for particulate matter (PM10), pursuant to that directive to the appropriate limit value must be met.
6 the program, referred to in paragraph 1, can be fixed in parts, except that: a. all the various parts within a maximum period of thirteen weeks shall be adopted, unless special circumstances dictate otherwise, and b with each other, because of its developments, for decisions or measures taken, at the same time be adopted as far as possible coherent parts.
7 after a request of our Minister shall provide the relevant governing bodies within a specified term him the requested information on developments and decisions referred to in paragraph 3 (c) and the measures referred to in that paragraph, under b and d. 8 On the preparation of a programme referred to in the first paragraph is section 3.4 of the General Administrative Law Act apply. Views can be put forward by each one.
9 the competent governing bodies shall ensure the timely implementation of the measures proposed in the program are mentioned or described, on the understanding that measures that are inextricably linked with the developments and decisions referred to in paragraph 3, point (c), for the benefit of these developments and decisions are carried out.
10 the Minister may, in accordance with the sentiment of the Council of Ministers and heard the first and Tweede Kamer der Staten-Generaal, the program change, referred to in paragraph 1, of its own motion if in his judgement: a. from the reports referred to in article 5.14, that the data contained in that program about the effects on air quality of listed or described in the program developments , for decisions or measures taken, is not, or is no longer reasonably can be used in the exercise of the article 5.16, first paragraph, introductory words and (c) or (d), read in conjunction with the second paragraph of that article, and the application of referred powers referred to statutory requirements;
b. the program, the period to which it relates or the stated or described developments, intended decisions or measures need change for other reasons.
The eighth paragraph shall apply mutatis mutandis.
11 the duty referred to in the ninth member to timely implementation of measures shall remain in force until those execution or further implementation in the opinion of the Minister, in accordance with the sentiment of the Council of Ministers and heard the first and second Chamber of the States-General of the Netherlands, no longer is required to reach a limit value or otherwise.
12 within an area referred to in the third paragraph that the governing bodies concerned, after a notification to this effect to the Minister, one or more listed or described in the program measures, developments or decisions change or replace, or one or more measures, developments or decisions to add the program, if the message is made plausible that those amended , replacement or new measures, developments or decisions on balance fit within or at least do not conflict with the program. At the message indicates which measures, developments or decisions which it concerns, cohesion between those measures, developments or decisions and in what time frame is a measure taken or a decision is taken and the effects on air quality with application of articles 5.19 and 5.20 and the provisions based thereupon. The ninth Member shall apply mutatis mutandis.
13 at the notification referred to in the twelfth member, indicated modification or changes require the approval of our Minister. Our Minister decides on this matter within six weeks after receipt of the notification. The agreement shall be automatically given if not within the said period the Minister has made a decision.
14 within six weeks after a consent referred to in the thirteenth Member is obtained by the relevant governing bodies notified the change or changes and indicated in the notification of the approval granted by the public authorities in a published journal or a day, news, door to door leaf, or at any other appropriate means.

Article 5.12 (a) If on or after its time is not met or is likely to be met, to the exposure concentration obligation included in regulation 4.6 of annex 2, Our Minister shall care for the adoption of measures whereby to that obligation is met. These measures may form part of the programme referred to in article 5.12, first paragraph.

Article 5 .12b 1 if, under the law, a decision is required by or on behalf of Our Minister of transport with respect to the main road network to implement measures referred to in article 5.12, ninth paragraph, these legal requirements on that implementation not applicable.
2 the first paragraph shall not apply in so far as it requires a decision arising from European law or international law obligations.
3 as far as running the measures referred to in the first paragraph is not in accordance with the land use plan or the management regulation, is it that measures-related part of the programme referred to in article 5, paragraph 1, as an environmental permit which for a project of national importance, in application of article 2.12, paragraph 1, point (a) , 3 °, of the law general provisions under environmental law, of the land use plan or the beheersverordening. In the application of article 2.10 of the law general provisions environmental law become under zoning or beheersverordening the relevant parts of the programme referred to in article 5, paragraph 1, understood.

4 In the cases in which paragraph 3 applies, the City Council a zoning plan or a beheersverordening referred to in the law spatial planning in accordance with the parts of the program referred to in paragraph 3. This must be made within one year after the date of entry into force of the Crisis-and herstelwet or, in the event of a change of that program or new program that after that date is fixed, within a year after that change or that program has become final.
5 as far as a draft zoning plan are based on the parts of the program referred to in paragraph 3, points of view do not relate to that part of the draft of the land use plan.

Article 5.13 1 one or more governing bodies governing bodies jointly, not being of the Empire, can establish a program aimed at achieving a in annex 2 a limit at that point to program area, not being a member under article 5.12, third, designated or to be designated area, where a limit value is exceeded or is likely to be exceeded.
2 in the definition of a program on the basis of the first paragraph, the programme established under article 5, paragraph 1, taken into account.
3 article 5.12, third and fourth member and eighth to fourteenth member, shall apply mutatis mutandis, it being understood that the tenth member of the change referred to in that article, is managed in accordance with the concerned governing bodies and that the duty of notification referred to in the twelfth member of that article, does not apply.
4 the program is after adoption or modification shall be forwarded to the Minister.
5 If for an area referred to in the first paragraph, no programme referred to in that paragraph shall be established without delay the governing bodies concerned, take all reasonable measures designed to achieve the appropriate limit value. The articles 5.12, ninth and eleventh member, and 5.14 shall apply mutatis mutandis.

Article 5.14 for this purpose a programme referred to in paragraph 1, or article 5.12, 5.13, first paragraph, designated governing bodies report annually before 1 July to the Minister on the progress and implementation of a programme and their measures, developments and decisions, as well as the effects on air quality.

Article 5.15 by or pursuant to order in Council rules can be set with regard to: a. the manner in which a programme referred to in paragraph 1, or article 5.12, 5.13, first paragraph, is aligned with other by or pursuant to the law to establish whether laid plans;
b. the preparation, design, contents and implementation of a programme referred to in paragraph 1, or article 5.12, 5.13, first paragraph;
c. the reporting referred to in article 5.14.

§ 5.2.4. Exercise of powers or application of legal requirements Article 5.16 1 governing bodies in the exercise of an option referred to in the second paragraph or application of a legal directive, which meant there exercise or application may have an impact on the air quality, use of one or more of the following grounds and make plausible: a. that an exercise or application , taking into account the effects on air quality are inextricably linked to such performance or application of coherent measures to improve air quality, does not lead to exceeding, or until on or after the time of entrance, probably exceed a limit value in annex 2;
(b) that, having regard to the fifth paragraph under that paragraph and the rules: 1 °. the outdoor concentration of the substance as a result of that exercise or balance, improves application or at least remains the same, or 2 °. at a limited increase in the concentration of the substance, by any exercise or application-related measure or by those exercising or application acting effect, balance, improves air quality;
c. that an exercise or application, taking into account the effects on air quality are inextricably linked to such performance or application of coherent measures to improve air quality, not in meaning contribution to the concentration in the outdoor air of a substance for which a limit value is included in annex 2;
d. that an exercise or application is named or described in, or related to, a development or proposed decision which is named or described in, or is part of, or in any case does not conflict with a under article 5.12, paragraph 1, or article 5.13, first paragraph, established program.
2 The powers referred to in the first paragraph or legal requirements be the responsibilities and legal requirements, set out in: a. the articles 1.2, 8.99, 7.35, 7.42 and 8.40, first paragraph;
b. articles 9.5.1 and 9.5.6;
c. articles 3.1, 3.99 and 3.28 of the law spatial planning;
d. Article 9, paragraph 1, of the Tracéwet;
e. Article 9 of the Spoedwet road widening;
f. Article 2 of the Interimwet city-and-environmental approach;
g. Article 2.4 of the law general provisions environmental law, as far as this power relates to: 1 °. activities related to an establishment covered by article 2.1, paragraph 1, point (e) of that Act;
2 °. activities on the basis of article 2.1, first paragraph, of this law, order in Council have been designated, in so far as such activities take place within an establishment and to the extent permitted by that measure is provided;
3 °. cases where a deviation of the zoning plan in application of article 2.12, first paragraph, under (a), 3 °, of the law or, as designated by order in Council, in application of article 2.12, first paragraph, under (a), 2 °, of the law;
h. Article 2.3 of the Crisis-and herstelwet.
3 in the exercise of a privilege or application of a legal requirement referred to in the first paragraph, introductory words and (c) or (d) during the period where a programme referred to in paragraph 1, or article 5.12, 5.13, first paragraph, refers, takes place with regard to effects of the relevant development or that decision on the individual assessment of air quality air quality is no place for a limit value for that period in annex 2 nor for any year thereafter.
4 under or pursuant to order in Council can be made about the rules in meaning contribution referred to in the first paragraph, introductory words and point (c), including the designation of categories of cases that, in any case, whether or not in meaning contribution referred to in sentence.
5 for the purposes of the first paragraph, introductory words and point (b), introductory wording and sub 2, or (c) as far as it concerns the inextricably with an exercise or application-related measures: a. for each substance separately are the positive or negative effects for air quality considered;
b. is there a functional or geographical coherence between, on the one hand, the area or areas in which the exercise of powers or the application of legal regulations, referred to in that paragraph, and on the other hand, the measure or measures relating to such performance or application shall be taken;
c. are measures to reduce the concentration of a substance no later than simultaneously with the offset activities carried out unless a simultaneous execution a reduction of the concentration of the substance in the longer term, in the way or otherwise is not effective, and d. are taken to ensure that the safeguards measures to reduce the concentration of a substance are actually carried out.
A ministerial order may be made.
6 outdoor a period referred to in article 5, paragraph 1, or in a programme referred to in article 5.13, first paragraph, recorded period, paragraph, introductory wording and points (d), outdoor application, it being understood that the exercise of a power or the application of a law with respect to a development or proposed decision that was previously mentioned or described in a programme referred to in article 5.12 , first paragraph, or 5.13, first paragraph, upon the expiration of the relevant period as possible.

Article 5.16 a 1 by order in Council may provide for the exercise of a power or the application of a legal directive, referred to in article 6.29, paragraph 1, in identified categories of cases where a limit value in annex 2 on or after the time of entrance is exceeded or is likely to be exceeded, and in which the relevant exercise or application relates to an existing or new build construction work within the meaning of the Housing Act , in such a way that this does not lead to an increase in the number of on site residents with increased sensitivity to the outdoor concentrations of a substance in which the limit value relates to.
2 by the measure, referred to in paragraph 1, may be given as to how implementation is given to that Member, including limiting a category to cases of non-compliance with applicable requirements in relation to the location or distance of a building relative to a source or sources of air pollution.

Article 5.17


1 by order in Council to be appointed governing bodies all necessary measures, aiming to reach as far as possible of a in annex 2 indicative value within the time limit. These measures may form part of a plan or programme referred to in article 5.9, paragraph 1, first paragraph, or 5.12, 5.13, paragraph 1, or of another plan or programme.
2 under or pursuant to the order in Council referred to in the first paragraph, detailed rules are set with regard to the measures referred to in that paragraph, which in any event include rules about the nature of such measures.

Article 5.18 1 the Commissioner of the King does a crossing of a threshold or information threshold in annex 2 shall alarm in his province as soon as possible communication to the public. When crossing an information threshold or alert threshold occur in conjunction with exceeding a limit value mentioned in annex 2 for another pollutant in the outside air, the Commissioner of the King also communication from the latter crossing.
2 a ministerial order rules are set with regard to the communication referred to in the first paragraph and to provide information to the public as well as with regard to the way in which the implementation of article 24 of the EC directive on ambient air quality.
3. Article 48, paragraph 3, of the law on air pollution shall apply mutatis mutandis.

§ 5.2.5. Assessment of air quality article 5.19 1 assessing the air quality is in accordance with the rules laid down by or pursuant to this paragraph in all agglomerations and zones, designated under article 5.22.
2 by way of derogation from the first paragraph can be found in the following locations no assessment of air quality with regard to air quality requirements for the protection of human health, as set out in annex 2: a. locations that are located in areas to which members of the public do not have access and where there is no fixed habitation;
b. areas where one or more establishments are located, where provisions concerning health and safety at workplaces referred to in article 5, second paragraph;
c. the roadway of roads and the Central median of roads, unless pedestrians normally have access to the Central median.
3 determine the quality level in determining the concentrations of the pollutants concentration contributions from natural sources, to be determined, after separately counted.
4 in determining the extent to which a defined quality level meets a limit value in annex 2, if that quality level is higher than the limit value, the concentration in deduction contributions from natural sources.
5 a ministerial order may be necessary for a proper implementation of the first to fourth member.

Article 5.20 1 a ministerial order shall, for the purposes of this title, this title and the annex 2 provisions based on rules with regard to the assessment of air quality with regard to the substances referred to in annex 2, which in each case may include rules concerning: a. the governing bodies responsible for assessment of air quality;
b. the manner in which and the frequency with which the air quality is assessed, including the locations where air quality is assessed, and the data;
c. the manner in which and the frequency with which the quality level measured or calculated;
d. the method of funding of the measurements and calculations;
(e) the manner and time when report is done by assessing the air quality and information to be included in the report;
f. how reaching the limit values referred to in articles or 5.12 5.13;
g. the way in which the effects of developments, decisions and measures referred to in this title be determined separately and in connection and to use data;
h. how the autonomous development as referred to in this title.
2 to the regulation, referred to in paragraph 1, it may be provided that identified rules apply or not apply remain in cases referred to in this respect.
3 to the regulation, referred to in paragraph 1, may provide for the use of other than the methods for the evaluation of the air quality or for determining effects or using other than information referred to therein is not allowed then after prior approval by the Minister.
4 the approval referred to in paragraph 3, may be withheld or withdrawn if the use of the appropriate method or data not in the opinion of the Minister, or no longer, leading to a sufficiently precise or reliable assessment of the air quality or determination of effects, and for that more appropriate methods or data are available.
5 To the approval may include conditions or restrictions are connected. They may be amended or withdrawn.

Article 5.21 1 our Minister may: a. the accuracy of a measurement method or any other method by which the degree of excellence, or effects measured or calculated keys, b. the accuracy of the application of a method referred to in (a) keys.
2 The review results obtained by means of the Act in the place of earlier or otherwise obtained results.
3 the Minister makes the in par results known to the relevant governing body.

Article 5.22 1 the Minister designates for the purposes of this title, this title based on Annex 2 and the provisions for the measurements and calculations of the zones or agglomerations, quality level.
2 the Minister is considering at least once in the five years the extent to which the designation of zones and agglomerations referred to in paragraph 1, needs to change.
3 the Minister shall, on the basis of the designation of zones and agglomerations referred to in paragraph 1, and the results of the measurements and calculations, referred to in that paragraph, lists as referred to in article 27 of the EC air quality directive and article 3 of Directive 74/60/EEC. 2004/107/EC of the European Parliament and of the Council of the European Union of 15 december 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23).

§ 5.2.6. Enforcement and international cooperation Article 5.23 [expired per 01-10-2012] article 5.24 1 our Minister is responsible for the organisation of cooperation with other Member States and with the Commission of the European communities, for the implementation of the EC directive on ambient air quality.
2 a ministerial order may be made concerning the cooperation referred to in paragraph 1.
Chapter 6. Environmental zoning Article 6.1 [Red: reserved.]
Chapter 7. Environmental impact assessment § 7.1. General article 7.1 1 In this chapter and the provisions based thereupon: 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 the environmental impact assessment.
2 unless otherwise stated, in paragraphs 7.3 to 7.5 and 7.7 to 7.12 in this chapter and the provisions based thereupon: a. activity: 1 °. activity that is designated under article 7, paragraph 1, point (a) under article 7.2, paragraph 1 (b) and to which article 7.18 applies, or pursuant to article 7.6, first paragraph;
2 °. activity referred to in article 7.2 (a), paragraph 1;
b. plan: plan in the preparation of which, pursuant to articles 7.2, paragraph 7.2 (a), paragraph 1, or 7.6, second paragraph, an environmental impact report should be created;
c. decision: decision in the preparation of which an environmental impact report must be made pursuant to article 7, third paragraph, under article 7, paragraph 4, in conjunction with article 7.18, or pursuant to article 7.6, third member.
3 the second paragraph under 2 °, (a) does not apply if a provision relates only to a decision as referred to in that paragraph (c). 4 In this chapter and the provisions based thereupon, the term competent authority means the governing body that is competent to prepare or establish a plan or a decision.
5 In this chapter and the provisions are based, in so far as they are not already on the basis of other legal provisions should be considered as such also as consultants means: a. If the competent authority is an organ of the Central Government: a Minister designated by Our governing body, by the Minister of agriculture, nature and food quality and a governing body designated by Our Minister of education , Culture and science appropriate governing body;
b. If the competent authority is another administrative authority: 1 °. a by our Minister of agriculture, nature and food quality and a governing body designated by our Minister of education, culture and science appropriate governing body, and 2 º. the Inspector, as far as it concerns an activity relating to an establishment covered by article 2.1, paragraph 1, point (e) of the law general provisions environmental law in a case that belongs to a under article 2.26, paragraph 3, of that law preferred category.

Article 7.1 (a) [expired per 01-07-2010] § 7.2. Plans and decisions on which making an environmental impact report is required Article 7.2 1 by order in Council the activities are designated:

a. those important may have 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.
2 in respect of the activities referred to in paragraph 1, the measure the categories designated in the preparation of plans which an environmental impact assessment report to be created. A plan is only appropriate if the plan sets the framework for a decision as referred to in the third or fourth member. A plan is in each case the framework for such a decision if in that plan: a. a location or route is designated for the purpose of those activities, or b. one or more locations or routes for those activities are considered.
3 in respect of the activities referred to in paragraph (a), the designated categories of decisions when preparing an environmental impact report which is to be created.
4 in respect of the activities referred to in paragraph (b), the categories of appropriate decisions within the framework of which the competent authority must assess whether under articles 7.17 or 7.19 that activities referred to in that section have consequences, and if that is the case, in the preparation of which an environmental impact report should be created.
5 to the measure can be considered as a plan of a decision as referred to in the third or fourth member, provided that that plan for the relevant activity is not designated pursuant to paragraph 2.
6 to the activities referred to in paragraph 1, can Commission activities, which in conjunction with other activities may have significant adverse consequences for the environment.
7 to the activities referred to in paragraph 1, include activities for which the measure categories of plans and decisions are appropriate and that take place in the exclusive economic zone.
8 to the measure can be determined that the designation of an activity, or a plan or decision only applies in identified categories of cases.

Article 7.2 (a) 1 an environmental impact report is created in the preparation of a legislative, regulatory or administrative provision, on the basis of a mandatory fix plan for which, in connection with a listed activity, appropriate assessment must be made on the basis of article 19j, second paragraph, of the nature conservation Act 1998.
2 by order in Council can be designated categories of cases, in which there is small areas and minor changes that do not have significant effects on the environment, on which the obligation to make an environmental impact assessment report, as referred to in paragraph 1, does not apply.
3 to an activity referred to in the first paragraph include an activity referred to in that paragraph which takes place in the exclusive economic zone.

Article 7.3 1 to the measure referred to in article 7.2, shall be designated: a. no plans regarding only national defence or an emergency situation as referred to in the Coördinatiewet exceptional situations;
b. refer to the budget or finances of the Empire, the province, the municipality or a water board.
2. Article 7.2 (a) does not apply in relation to plans referred to in paragraph 1.

Article 7.4 [expired per 01-07-2010] article 7.5 [expired per 01-07-2010] article 7.6 1 Provincial States may for the purposes of protecting the environment in areas within their province, not being areas referred to in Article 10a, paragraph 1, of the nature conservation Act 1998, of particular importance or in which the environment is already severely contaminated or corroded in the provincial environmental regulation designate activities , which are not included in an order in Council under article 7.2, paragraph 1 (a), and that important may have adverse effects on the environment in those areas. Article 7.2, sixth and eighth member, shall apply mutatis mutandis.
2 in respect of those activities, they can designate the categories of plans in the preparation of which an environmental impact report should be created if the activities in question are carried out within their province. The articles 7.2, second paragraph, second and third sentence, fifth and eighth member, and 7.3, paragraph 1 shall apply mutatis mutandis.
3 in respect of those activities, they point the categories of acts in the preparation of which an environmental impact report should be created if the activities in question are carried out within their province.
4 On the preparation of a Council decision, on the indication under the first to third member, section 3.4 of the General Administrative Law Act apply; views can be put forward by each one. Executive Council shall consult on the draft consultation with Mayor and Councillors of the municipalities and daily driving the water boards in their province. They shall inform the governing bodies, referred to in article 7.1, paragraph 5, point (b) (1) and our Minister in the occasion of the draft opinion.
5 Executive Council with the draft of the decision to the provincial Council a report on the consultations, the opinions and the views put forward, giving its reasons indicate the extent to which they have been taken into account.
6 at the same time as the publication of the decision, concerning an indication as referred to in the first to third paragraphs, shall be notified by sending a copy to each of our Ministers and, in so far as it concerns the indication of categories of decisions referred to in paragraph 3, to the Commission.

§ 7.3. The environmental impact assessment that is related to a plan Article 7.7 1 the environmental impact assessment that is related to a plan, drawn up by the competent authority and shall contain at least: a. a description of the proposed activity;
b. a description of the planned activity, as well as the alternatives need to be taken into account, reasonably, and the justification of the choice for the considered alternatives;
c. an overview of previously laid plans relating to the proposed activity and the described alternatives;
d. a description of the current state of the environment, as far as the proposed activity or alternatives to such consequences may have described, as well as of the expected development of that environment, if that activity nor the alternatives be undertaken;
e. a description of the impact on the environment, which the proposed activity or alternatives, as well as a justification the described how these consequences are determined and described;
f. a comparison of the following part (d) described the trend of environment with the described possible environmental effects of the proposed activity, as well as with the described possible effects on the environment of each of the considered alternatives;
g. a description of the measures to significant adverse effects on the environment of the activity to prevent, reduce or wipe out as much as possible;
h. an overview of the gaps in the descriptions referred to in parts (d) and (e) as a result of the absence of the necessary data;
i. a summary which gives sufficient insight to a general audience for the assessment of the environmental impact assessment and of the possible environmental effects of the proposed activity and of the described alternatives.
2 the environmental impact assessment is in the Dutch language. If an activity can have significant adverse effects on the environment in another country, the person who sends the activity undertakes, at the request of the competent authority within a period to be determined at that request a translation of the summary in the national language of the area in the other country where the activity significant adverse consequences.
3 the competent authority: a. the report, including the level of detail, on the level of detail of the plan and on its stage in the decision-making process in which the plan is located, as well as, if the plan is part of a hierarchy of plans, in particular on the place it occupies within that hierarchy plan;
b. may use other environmental impact reports which must satisfy the provisions set by or pursuant to this chapter.
4 by order in Council can rules with regard to the way in which the data referred to in the first paragraph shall be determined and described.

§ 7.4. The preparation of an environmental impact report that is related to a plan to draw up Before the environmental impact assessment Article 7.8, shall consult the competent authority the advisors and the governing bodies which, under the law to which the plan rests with the preparation of the plan are concerned about the scope and level of detail of information that is focused on what is relevant to the plan and that under article 4.8 in the environmental impact assessment should be included.

Article 7.9 1 as soon as possible after the competent authority proposes conceived to preparing a plan, but no later than at the time the application indicates article 7.8, gives the knowledge of that intention, with analogous application of article 3:12, paragraphs 1 and 2, of the General Administrative Law Act.
2 In the notification shall specify: a. that documents relating to the intention will be made public, and where and when, b. that there is opportunity to express views about the intention, to whom, how and within what period,

c. If the Commission or another independent body is given the opportunity to give its opinion on the intention, and d. or regarding the draft of the plan application should be given to article 7.11.
3 In the notification has also been mentioned that in the environmental impact assessment appropriate assessment is included in connection with the possible significant effects on a Natura 2000 area referred to in article 1, part n, of the nature conservation Act 1998 if that environmental impact assessment relates to: a. a designated under article 7, paragraph 2, plan, and that plan for an appropriate assessment must be made in connection with the possible significant effects on a Natura 2000 area;
(b) a plan referred to in article 7 a, paragraph 1.
4 Notification takes place in a publication in another country in case there was any possible significant adverse effects on the environment in that other country.

Article 7.10 1 an environmental impact report is ready at the time that the design of the plan for inspection.
2 the environmental impact assessment may be included with or in the plan, provided that it is recognizable as such or displayed.

§ 7.5. The plan if the procedure laid down in Article 7.11 1 emergence of a plan not provides that the design of that plan is laid open for inspection and each one is given the opportunity to express its views on that design, by way of derogation from that procedure: a. with regard to the design of that plan application given to the articles 3:11 and 3:12 of the General Administrative Law Act , and b. everyone the opportunity to put forward its views on the draft, in accordance with articles 3:15 and 3:16 of that law.
(2) if the environmental impact assessment has not been incorporated into the design of the plan: a. the public inspection referred to in article 3:11, of the General Administrative Law Act, the report also laid, b., the notification referred to in article 3:12, of that law, also given notice of the report, and (c). can an opinion referred to in article 3:15 of that law also relate to the report.
(3) if paragraph (a) applies, if, under the law, a plan within a certain time limit should be fixed, what term is shorter than the term provided for in article 3:16 of the General Administrative Law Act, which time limit shall extend until the time limit referred to in article 3:16 of the General Administrative Law Act, plus two weeks.

Article 7.12 (1) if the environmental impact assessment related to a designated plan under article 7, paragraph 2, or on a plan referred to in article 7.2 (a), paragraph 1, the Commission shall, at the time that the documents referred to in article 7.11 be given the opportunity to give its opinion on that report in accordance with the term that applies to the insertion of perspectives.
(2) if there was any possible significant adverse transboundary effects on the environment, the Commission, where it opinion, there in its opinion on in.

Article 7.13 the competent authority proposes a plan not fixed: a. then after the application has given to paragraphs 7.3 and 7.4;
b. If the plan in relation to the design of that plan has changed in such a way that the data are included in the environmental impact assessment is not reasonably more basis to the plan can be implemented.

Article 7.14 1 In or at the plan shall in any case indicated: a. the manner in which account is taken of the possible consequences described in the environmental impact assessment for the environment of the activity to which the plan refers;
b. which is considered about the alternatives described in the environmental impact assessment;
c. which is considered by the design of the plan in respect of the environmental impact assessment points of view put forward;
d. which is considered about the opinion delivered by the Commission in accordance with article 7.12.
2 if applicable is also listed in the plan: a. what in the environmental impact assessment or in the opinion referred to in article 7.12, regarding possible significant adverse transboundary environmental effects is considered;
b. which is considered about the results of the consultations referred to in article a, paragraph 7.38.
3 the competent authority determines the terms on which the term or to the plan with the investigation referred to in article 7.39, is begun, and the manner in which that research will do.
4 the one taken in that plan for business, gives the competent authority at its request, any cooperation and shall provide all information, which it reasonably for carrying out the examinations referred to in paragraph 3, in need.

If the procedure laid down in article 7.15 1 emergence of a plan does not provide for: a. a public notice of an established plan, that plan in the manner provided for in article 3:42 of the General Administrative Law Act;
b. communication by sending them a copy of a set plan to the Commission and those involved in its preparation have put forward their views, shall be notified as provided in article 3:43 of the General Administrative Law Act.
(2) if the environmental impact assessment is not included in the plan is notified of that report at the same time as the plan.

§ 7.6. Decisions on which it is necessary to assess whether an environmental impact report should be made Article 7.16 1 where a person who wants to do an activity, designated under article 7, paragraph 1, point (b), intends to apply to the taking of a decision as referred to in paragraph 4 of that article, he shall notify that intention in writing to the competent authority.
2 In the communication referred to in paragraph 1, shall in any case pay attention to the first paragraph, referred to in article 7.17, adverse effects that the activity may cause to the environment.
3 at a communication referred to in the first paragraph, the one who wants to do the activity, explain that he in the preparation of the decision an environmental impact report.

Article 7.17 1 except where application has been given to article 7.16, paragraph 3, the competent authority no later than six weeks after the date of receipt a decision on whether in the preparation of the Act in question for the activity, because of the significant adverse impact to the environment, an environmental impact report should be created.
(2) If more than one decision in relation to the activity is appropriate, the competent governing bodies the joint decision referred to in the first paragraph.
3 the competent authority shall take into account the decision in annex III to the EEC directive environmental assessment indicated criteria.
4 the competent authority does communication from his decision by: a. notification in one or more day, news, home-to-home-sheets, and if it is decided that no environmental impact assessment has to be made for the activity, notification in the Official Gazette;
b. notice in a publication in another country if there was any possible significant adverse effects on the environment in that other country;
c. storage and display.
5 In notifications referred to in paragraph 4, the competent authority shall indicate at least: (a) the time at which a copy of the decision is put on display, as well as the hours during which and the place where it is on display;
b. the scope of the decision.

Article 7.18 the one that an activity, designated under article 7, paragraph 1 (b), makes an environmental impact report, if: a. the competent authority has decided that in the preparation of an environmental impact report the Act in question;
b. He has given a statement referred to in article 7.16, third paragraph.

Article 7.19 (1) if the competent authority is the one that an activity, designated under article 7, paragraph 1 (b), takes it in as early as possible for the preparation of the decision that, pursuant to paragraph 4 of that article is appropriate a decision on whether because of the significant adverse effects that the activity may cause to the environment , an environmental impact report should be created. Article 7.17, paragraphs 2 and 3, shall apply mutatis mutandis.
2 under as early as possible is the stage prior to the storage and display of the draft decision.
3 the competent authority takes the decision after consultation with the governing bodies which by or under a law to be involved in the preparation of the Act in question.
4 the competent authority shall communicate its decision by: a. notification in one or more day, news, home-to-home-sheets, and if it is decided that no environmental impact assessment is made for the activity, notification in the Official Gazette;
b. notice in a publication in another country if there was any possible significant adverse effects on the environment in that other country;
c. storage and display.
5 In the notifications referred to in paragraph 4, the competent authority shall indicate at least: (a) the time at which a copy of the decision is put on display, as well as the hours during which and the place where it is on display;
b. the scope of the decision.

Article 7.20


The articles find no 7.19 7.16 to apply in respect of an activity, designated in an order in Council under article 7.2, paragraph 1, point (b), in so far as such activity at a provincial regulation under article 7.6, first paragraph, in accordance with the description that order in Council is appropriate and it is a decision that in respect of that activity to that regulation in accordance with that measure is designated.

§ 7.7. The environmental impact assessment that is related to a decree article 7.21 1 the competent authority may, at the request of the person who undertakes the activity may grant exemption from the obligation to make an environmental impact assessment report in the preparation of a under article 7.2, paragraph 3, or article 7.6, paragraph 3, the appropriate decision in cases where the public interest without delay undertaking the activity to which those decisions concern ,.
2 a request for derogation contained in each case: (a) a description of the planned activity;
b. a description of the circumstances in which the activity will be carried out;
(c) the reasons for the request, and d. an indication of the possible major adverse consequences for the environment.
(3) if in a request as referred to in paragraph 2, reference is made to pieces, the request shall be accompanied by the documents.
4 the decision on the application is taken no later than nine weeks after receipt. At the same time as the publication of the decision communicated to our Ministers.
5 no later than two weeks after the communication referred to in paragraph 4, the competent authority simultaneous communication of the decision on the application referred to in that paragraph, by notification in one or more day, news, home-to-home-sheets, and in the Government Gazette, and laid a copy of the decision is, in respect of which the notice in the place, the time and the hours are indicated.

Article 7.22 1 In cases where a decision is taken at the request of the person who undertakes the activity concerned, makes this the environmental impact assessment.
2 In other than the cases referred to in the first paragraph, the competent authority makes the environmental impact assessment.

Article 7.23 1 an environmental impact report contains the following information: a. a description of the proposed activity;
b. a description of the planned activity and the way in which they will be carried out, as well as the alternatives need to be taken into account, reasonably, and the justification of the choice for the considered alternatives;
c. a description of the decision or decisions in the preparation of which the environmental impact report is created, and the previously taken decisions of governing bodies, relating to the proposed activity and the described alternatives.
d. a description of the current state of the environment, as far as the proposed activity or alternatives to such consequences may have described, as well as of the expected development of that environment, if that activity nor the alternatives be undertaken;
e. a description of the impact on the environment, which the proposed activity or alternatives, as well as a justification the described how these consequences are determined and described;
f. a comparison of the following part (d) described the trend of environment with the described possible environmental effects of the proposed activity, as well as with the described possible effects on the environment of each of the considered alternatives;
g. a description of the measures to significant adverse environmental impacts of the activity to prevent, reduce or wipe out as much as possible;
h. an overview of the gaps in the descriptions referred to in parts (d) and (e) as a result of the absence of the necessary data;
i. a summary which gives sufficient insight to a general audience for the assessment of the environmental impact assessment and of the possible environmental effects of the proposed activity and of the described alternatives;
j. and the information designated in annex IV of the EEC directive environmental impact assessment, as far as the environmental impact assessment this information not already on the basis of the parts a to i.
2 the environmental impact assessment is in the Dutch language. The competent authority can to the person who undertakes the activity, when giving the opinion referred to in article 7.26 7.27 respectively article grant permission to designate the report in a different language. The requirements referred to in the first paragraph summary is always in the Dutch language. If an activity in the preparation of which an environmental impact report must be made, significant adverse impact on the environment in another country, the person who sends the activity undertakes, at the request of the competent authority within a period to be determined at that request a translation of the summary in the national language of the area in the other country where the activity significant adverse consequences.
3 by order in Council can rules with regard to the way in which the data referred to in the first paragraph shall be determined and described.

§ 7.8. The limited preparation on the environmental impact assessment that is related to a decree article 7.24 1 the one who wants to do an activity, designated by virtue of articles 7.2, paragraph 1 (a), (b) in conjunction with article 7.18, or 7.6, paragraph 1, and which intends to apply to the adoption of a decision, designated under article 7.2, third or fourth Member , or 7.6, paragraph 3, and on which section 3.4 of the General Administrative Law Act and one or more articles of section 13.2 shall apply in writing to the competent authority that intention.
2 at the request of the applicant shall inform the competent authority opinion on the scope and level of detail of the information for an environmental impact report.
3 in the absence of a request as referred to in paragraph 2, the competent authority may issue opinions on its own initiative.
4 by way of derogation from this paragraph is paragraph 7.9 apply mutatis mutandis to the preparation of an environmental impact report, in relation to an activity referred to in the first paragraph, that is related to a decision as referred to in that paragraph and also the activity for which: a. is required for which a decision on the basis of article 19f, first paragraph, of the nature conservation Act 1998 an appropriate assessment must be made , b. a decision is required that implements article 2.1, paragraph 1 (c)., in conjunction with article 2.12, paragraph 1 (a), 3 °, of the law general provisions under environmental law, as far as it concerns a case that belongs to a third or fourth member, under article 7.2, appropriate category decisions, or c. a plan is required as referred to in article 14.4 b.

The competent authority shall consult the article 7.25 advisors and the governing bodies, which, under the law on which the decision rests with the preparation of the decision concerned, for the purpose of giving advice as referred to in article 7.24, paragraphs 2 and 3, and also consultations on that opinion with the one who commits the business.

7.26 article gives the competent authority no later than six weeks following receipt of the request or, in the absence thereof, no later than six weeks after the notice of intention, an opinion referred to in article 7.24. The competent authority may extend the term once for not more than six weeks.

Article 7.26 a [expired per 30-03-2012] § 7.9. The extensive preparation of the environmental impact assessment that is related to a decree article 8.99 1 the one who wants to do an activity, designated under article 7, paragraph 1, point (a) or (b), in conjunction with article 7.18, or 7.6, paragraph 1, and which intends to apply to the adoption of a decision, designated under article 7.2 , third or fourth member, and to which section 3.4 of the General Administrative Law Act or one or more items of section 13.2 do not apply, it shall communicate that intention in writing to the competent authority as soon as possible.
2 as soon as possible after receipt of the communication referred to in paragraph 1, or before the environmental impact assessment, if the competent authority is the one who wants to do the activity, the competent authority shall consult the advisors and the governing bodies which, under the law on which the decision rests with the preparation of the decision concerned, about the scope and the level of detail of the information that is focused on what is relevant for the decision and that on the basis of article 7.23 in the environmental impact assessment should be included.
3 as soon as possible after receipt of the notice or after conceiving of the intention by the competent authority, but at the latest at the time that the application indicates the second member, gives the competent authority knowledge of intention, referred to in paragraph 1, or of his own intention, with analogous application of article 3:12, paragraphs 1 and 2 , of the General Administrative Law Act.
4 is mentioned In the notification: a. that documents relating to the intention will be made public, and where and when, b. that there is opportunity to express views about the intention, to whom, how and within what period, and c. or the Commission or other independent body is given the opportunity to give its opinion on the intention.

5 In the notice also mentioned if the environmental impact assessment related to a third or fourth member, under article 7.2, for the appropriate decision and intended, by virtue of paragraph (a) of that article an appropriate assessment must be made, designated activity related to the possible significant effects on a Natura 2000 area, referred to in article 1 , part n, of the nature conservation Act 1998: that activity-appropriate assessment must be made in connection with the possible significant effects on a Natura 2000 area, referred to in article 1, part n, of the nature conservation Act 1998.
6 Notification takes place in a publication in another country in case there was any possible significant adverse effects on the environment in that other country. The one who wants to do submit the activity at the request of the competent authority within a period to be determined at that request a translation of the communication in the national language of the area in the other country where the activity significant adverse consequences.
7 In the case the competent authority wants to do, not the one making the activity gives the appearance six weeks after receipt of the communication, an opinion on the scope and level of detail of the information for an environmental impact report. The competent authority may extend the term once for not more than six weeks.

§ 7.10. The decision Article 7.28 1 the competent authority an application for a decision late outdoor treatment if a. when filing the application, no environmental impact assessment is submitted unless the duty to draw up an environmental impact report on the basis of article 7.21 exemption is granted;
b. the environmental impact report submitted, bearing in mind the advice when the subject on the basis of article 7.26 7.27 respectively article is given, does not comply with article 7.23, or inaccurate;
c. in cases where pursuant to article 14.5 to prepare more than one environmental impact assessment a decision is made, the coming of the applicant requests to take up the other relevant decisions are submitted at the same time.
2 the competent authority allows the request also outside treatment if this an appropriate decision under article 7.2, paragraph 4, is concerned, that, pursuant to the law on application is taken, and a. when submitting the request no copy is enclosed by the decision under article 7.17, first paragraph, to the effect that no environmental impact assessment needs to be made, or b. no decision has been taken under article 7.17 , first paragraph, or is an environmental impact report must be made and decided that that report is not submitted.

Article 8.49 1 if an application, as referred to in article 7.28, public knowledge, public knowledge of the environmental impact assessment at the same time.
2 In case there was any possible significant adverse effects on the environment in another country, shall be appointed in the public notice of the application and the environmental impact assessment in a publication in that other country.

If the procedure laid down in article 7:30 1 emergence of the decision provides for public notification of the draft of a decision, of the environmental impact assessment public knowledge simultaneously, except in cases referred to in article 7.29.
2 the first paragraph shall apply mutatis mutandis to the public notice in a publication in another country in case there is any possible major adverse consequences for the environment in that other country.
3 If the procedure laid down in the decision does not provide for public notice of the application or the design of a decision, by way of derogation from that procedure, of the environmental impact assessment concurrently with the design of the notified decision public in application of article 3:12 of the General Administrative Law Act.

Article 7.31 [expired per 01-07-2005] article 1 if a request referred to in article 7.32 7.28, or the design of a decision as referred to in article 7:30 is put on display, and each one is given the opportunity to express views on the subject, views about the environmental impact assessment forward simultaneously with views over those request or that design , with which the environmental impact assessment report is available for inspection.
(2) if the procedure of creation of a decision not in the request or the design of the decision is put on display and each one is given the opportunity to put forward its views on the matter, by way of derogation from that procedure articles 3:11, 3:12, 3:15 and 3:16 of the General Administrative Law Act apply. Views about the environmental impact assessment can be put forward by each one. Views about the environmental impact assessment can simultaneously be put forward with the views on the draft of the decision.
3 the views on the environmental impact assessment can only relate to the content of the environmental impact assessment report, it does not adhere to the rules laid down by or pursuant to article 7.23 or inaccuracies that the report contains.
4 If the first paragraph applies and the procedure of creation of a Council decision provides for the adoption of a decision within a certain term, then that term, when this is shorter than the term provided for in article 3:16 of the General Administrative Law Act, extended until the time limit referred to in article 3:16 of the General Administrative Law Act plus two weeks.
5 article 7.12 shall apply mutatis mutandis to a decision which section 3.4 of the General Administrative Law Act or one or more items of section 13.2, with the exception of article 13.2 do not apply, and on a decision in respect of an activity referred to in article 7.24, fourth paragraph.

Article 7.33 [expired per 01-07-2005] article 7.34 [expired per 01-07-2010] article 8.99 1 when taking a decision, the competent authority shall take into account all effects that the activity to which the decision relates, may cause to the environment.
2 except as under or pursuant to the third to sixth member is different, is the first paragraph applies only in so far as the provisions of the legislation on which the decision is based, are not resistance.
3 the competent authority may, if in respect of an activity only one decision is appropriate, regardless of the restrictions which the legislation on which the decision is based, are asked: (a). in addition to the conditions and limitations to recording under that legislation which it has jurisdiction, the decision also all other conditions, regulations and restrictions include , which are necessary for the protection of the environment;
b. make a decision, that the activity is not undertaken, if undertaking that activity can lead to unacceptable adverse effects on the environment.
4 On the preparation of a decision as referred to in the third paragraph, regardless of which to the point in the statutory scheme is determined, section 3.4 of the General Administrative Law Act apply.
5 If the preparation of more than one of the same activity appropriate decisions in respect of section 3.4 of the General Administrative Law Act applies, is one of those decisions designated as the decision on which paragraph 3 applies. At that designation can be determined that they only applies in cases identified in this respect. The indication shall be by order in Council.
6 with respect to the appropriate decision under paragraph 5 is the third member of application, it being understood that only conditions and limitations can be set with regard to topics which no conditions, regulations and restrictions can be put with the other decisions referred to in paragraph 5.
7 by order in Council may be set with regard to the application of paragraph 3.

Article under another legislation 7.36 decision, in so far as article 8.99 is applied shall be deemed to be taken under that scheme.

Article 7.36 (a) the competent authority shall take a decision not: a. then after the application has been given to the articles 7.22 and 7.23 and to section 7.8 or 7.9;
b. If the data that are included in the environmental impact assessment is not reasonably more to the decision can be implemented.

Article 7.37 1 the decision shall at least indicate: a. the manner in which account is taken of the possible consequences described in the environmental impact assessment for the environment of the activity to which the decision relates;
b. which is considered about the alternatives described in the environmental impact assessment;
c. which is considered about the environmental impact assessment report in accordance with article 7.32 in respect of the views put forward.
2 In the decision shall also include a statement: a. If the Commission, in accordance with article 7.32, fifth paragraph, in conjunction with article 7.12, opinion, which is considered about that advice;
b. if applicable, which in the environmental impact assessment of possible significant adverse transboundary environmental effects is considered, and c. where applicable, which is considered about the results of the consultations referred to in article a, paragraph 7.38.
3 the competent authority determines the decision the term or the terms on which the research referred to in article 7.39, is begun, and the manner in which that research will do.

4 the one taken in that decision for business, gives the competent authority at its request, any cooperation and shall provide all information, which it reasonably for carrying out the examinations referred to in paragraph 3, in need.

If the procedure laid down in article 7.38 emergence of a decision does not provide for: a. publication of a decision, that decision made in the manner provided in section 2.2 of the General Administrative Law Act;
b. communication by sending them a copy of a decision to those who prepare it have put forward their views and, where applicable, to the Commission, the advisors and the governing bodies involved in the preparation are involved, shall be notified as provided in article 3:44 of the General Administrative Law Act.

§ 7.11. Activities with possible transboundary environmental effects Article 8.59 a 1 after from the information collected under this chapter has been made clear that there was any possible significant adverse effects on the environment in another country as a result of a proposed activity, the Government or a government authority to designate of that other country informed as soon as possible.
2 If a proposed activity plan in a major adverse consequences for the environment in another country, and without prejudice to paragraph 1, to the Government of that country, or to designate a government authority of that country provided: a. the design of the plan, and, if the environmental impact assessment is not included in that design , the environmental impact assessment, at the same time as the public inspection in Netherlands;
b. the set plan, and, if the environmental impact assessment is not included in that plan, the environmental impact assessment, simultaneously with the publication in Netherlands.
(3) If a decision intended activity in a significant adverse impact on the environment in another country, and without prejudice to paragraph 1, to the Government of that country or to designate a government authority of that country provided: (a) the request referred to in article 7.28, or the design of the decision as well as the environmental impact assessment and , if applicable, an opinion referred to in article 7.26 article 8.99, simultaneously with the public inspection in Netherlands;
b. the decision and the environmental impact assessment simultaneously with the publication in Netherlands.
4 On the bodies for that purpose by the competent authority of the other country are designated on the basis of their specific responsibilities for the environment articles 3:16, first and second paragraph, of the General Administrative Law Act and articles 7.9, second paragraph, point (c) article 7.25 article 8.99, fourth paragraph, shall apply mutatis mutandis. In addition, the documents referred to in the second and third member sent to these bodies.
5 to provide pursuant to the second or third paragraph pieces serve as a basis for consultation with other concerned governing bodies in the country about the significant adverse impact of the activity for the environment in that other country can have, and the measures envisaged in order to prevent or limit those effects.
6 the competent authority shall be responsible for the tasks arising from the application of the first to fourth member. The competent authority provides information and forward the result of the second and third paragraphs also provided documents to the Minister, which pieces also serve as basis for the consultation to be carried by the competent authority referred to in paragraph 5.
7 our Minister is in General responsible for maintaining contacts with the Government of the other country and is involved in consultation at Government level if the consultation about a proposed activity between the competent authority and the governing bodies of that country did not lead to the desired result.
8 a ministerial order may be made with respect to the second through the fifth member.

Article 8.59 b [expired per 01-07-2010] article 8.59 c [expired per 01-07-2010] article 7.38 (d) if another country thinks significant adverse effects on the environment may experience of a taken in a plan or decision for activity in Netherlands, the competent authority or the Minister at the request of that country apply to article 8.59 a, first to fifth member, taking into account the Division of responsibilities between the competent authority and the Minister referred to in article 8.59 a, sixth and seventh member.

Article 8.59 e if another country can experience significant adverse effects on the environment of a decision in a plan, or proposed activity in Our Minister may provide that the competent Netherlands Authority finds that plan or decision does not then after our Minister for thirteen weeks after the end of the period during which views on the draft of that plan or on the application , or the design of that decision can be brought forward, was given an opportunity the outcome of the consultations referred to in article 8.59 a, seventh heading, to forward to the competent authority.

Article 8.59 f [expired per 01-07-2010] article 4.02 (g) where a proposed activity in another country significant adverse consequences to the environment can have in Netherlands, carries the Minister care to maintain the contacts with that country if there is no contact about a proposed activity between the Netherlands and governing bodies directly involved in the governing bodies of the other country or if the contact did not lead to the desired result.

§ 7.12. Evaluation Article 7.39 1 the competent authority has determined that a plan or a decision, examines the effects that the implementation of that plan, or any thereof on the environment, when in the plan, or in the decision is undertaken or proposed activity after it has been taken.
(2) If an activity that has been recorded in a plan can only be taken after a decision has been taken, rests the obligation, referred to in paragraph 1, at the authority that that decision.

Article 8.99 [expired per 01-07-2010] article 7.41 1 the competent authority shall draw up a report on the research.
(2) if the environmental impact assessment related to a plan, the competent authority shall forward the report to the advisors, the governing bodies referred to in article 7.8, and to the Commission.
3 If the environmental impact assessment relates to a decision, the competent authority shall forward the report to the person who undertakes the activity, to the governing bodies and to the consultants. It makes the report simultaneously familiar with analogous application of article 3:12, paragraphs 1 and 2, of the General Administrative Law Act.
4 If the environmental impact assessment related to a decision available to the Commission in accordance with article 7.32, fifth paragraph, in conjunction with article 7.12, has delivered its opinion, the competent authority shall send the report to that Committee.

Article 7.42 7.39 referred to in article 1 if the investigation shows that the activity significantly worse consequences for the environment than those in establishing the plan, or when taking the decision were expected, the competent authority, if that in his opinion is necessary, the measures at its disposal to minimize such consequences or undo.
(2) if the competent authority with respect to a decision to the judgment is that it should be amended or repealed, are on that amendment or repeal the articles 8.99 and 7.36 shall apply mutatis mutandis.

Article 7.43 [expired per 01-07-2010] Chapter 8. Establishments section 8.1 Article 8.1 [expired per 01-10-2010] article 8.2 [expired per 01-10-2010] article 8.2 (a) [expired per 01-10-2010] article 8.2 b [expired per 01-01-2006] article 8.3 [expired per 01-10-2010] article 8.4 [expired per 01-10-2010] article 8.5 [expired per 01-10-2010] article 8.6 [expired per 01-10-2010] article 8.7 [expired per 01-10-2010] article 8.8 [expired per 01-10-2010] article 8.9 [expired per 01-10-2010] article 8.10 [expired per 01-10-2010] article 8.11 [expired per 01-10-2010] article 8.12 [expired per 01-10-2010] article 8.12 a [expired per 01-10-2010] article 8.12 b [ Aging by 01-10-2010] article 8.13 [expired per 01-10-2010] article 8.13 (a) [expired per 01-10-2010] article 8.14 [expired per 01-10-2010] article 8.15 [expired per 01-10-2010] article 8.16 [expired per 01-10-2010] article 9.99 [expired per 01-10-2010] article 8.18 [expired per 01-10-2010] article 8.19 [expired per 01-10-2010] article 8.20 [expired per 01-10-2010] article 8.21 [expired per 01-10-2010] article 8.22 [expired per 01-10-2010] article 9.99 [expired per 01-10-2010] article 8.24 [expired per 01-10-2010] article 8.25 [expired per 01-10-2010] article 8.26 [expired per 01-10-2010] article 8.26 a [ Aging by 01-10-2010] article 8.27 [expired per 01-10-2010] article 8.28 [expired per 01-10-2010] article 8.29 [expired per 01-10-2010] article 8.30 [expired per 01-10-2010] article 8.31 [expired per 01-10-2010] article 8.31 a [expired per 01-10-2010] article 8.32 [expired per 01-10-2010] article 8.33 [expired per 01-10-2010] article 8.34 [expired per 01-10-2010] article 8.35 [expired per 26-11-2008] article 8.36 [expired per 26-11-2008] article 8.36 a [aging by 26-11-2008] article 8.36 b [expired per 26-11-2008]




Article 8.36 c [expired per 26-11-2008] article 8.36 d [expired per 26-11-2008] article 8.36 e [expired per 26-11-2008] article 8.37 [expired per 26-11-2008] article 8.38 [expired per 26-11-2008] article 8.39 [expired per 01-10-2010] article 8.39 a [expired per 01-10-2010] article 8.39 b [expired per 01-10-2010] article 8.39 c [expired per 01-10-2010] article 8.39 d [expired per 01-10-2010] article 8.39 e [expired per 01-10-2010] article 8.39 f [expired per 01-10-2010] article 8.40 1 under or pursuant to order in Council be rules , which are necessary for the protection of the environment against the adverse effects that establishments can cause. In doing so, it may be provided that applicable rules only apply in doing so it indicated categories of cases.
2 to the decision to establish an order in Council as referred to in paragraph 1, shall in any case: (a) the existing State of the environment, as far as devices to the relevant categories, for that can cause consequences;
b. the consequences to the environment, which devices to the relevant categories, can cause, including in relation to each other;
c. with regard to establishments belonging to the relevant categories, and the environment in which such establishments are located, or may be reasonably foreseeable developments that are important for the protection of the environment;
d. the possibilities for the protection of the environment, by the adverse consequences to the environment, which devices to the relevant categories, can cause, prevent, or minimize, as far as they cannot be prevented;
e. the parts of the environment, for which the relevant categories of establishments may have an effect, applicable environmental quality requirements, fixed in accordance with or in accordance with article 5.1 or to annex 2;
f. the reasonably foreseeable financial and economic consequences of the measure.
In an explanation of the measure indicates how these aspects in the preparation of the measure.
3 with regard to the Rules lay down the rules are at or under article 2.22, second and third paragraphs, regulations on activities relating to establishments referred to in article 2.1, paragraph 1, point (e) of the law environmental law, as well as general provisions articles 2.23, 2.30, first paragraph, point (b), paragraph 2.31 2.33, first paragraph, point (b) , and 4.1 of that Act shall apply mutatis mutandis, it being understood that the provision of financial security can only be prescribed in the form of the conclusion of an insurance against liability for damages arising out of the adverse consequences for the environment, which caused the establishment.
4 this paragraph and the provisions based thereupon are also apply to installations that may cause effects on the environment within the exclusive economic zone, to the extent permitted by an order in Council referred to in the first paragraph, is provided.

Article 8.40 a 1 if, during or pursuant to an order in Council referred to in article 8.40 a liability is recorded for the one that the installation, to indicate measures, can be made for those instead, other measures, when with that other measures at least an equivalent level of protection of the environment is achieved.
2 the one that drives the establishment submits a request to the governing body may adopt other measures, reported to the order in Council referred to in paragraph 1, which contains application data showing that with those other measures at least an equivalent level of protection of the environment is achieved.
3 the governing body, referred to in paragraph 2, decide within eight weeks on the equivalence of the other measures. The governing body may extend this term once for not more than six weeks.
4 If the measures to which the application refers, directly related to activities for which an application for an environmental permit is lodged or authorised under an environmental permit, the decision on the application tailored to the application for an environmental permit, environmental permit concerned respectively.

Article 8.41 1 by an order in Council under article 8.40 with regard to identified categories of establishments the obligation be imposed to reporting the establishment or changing of an establishment concerned by the measure, or of changing the functioning thereof.
2 When the measure is indicated: a. the governing body to which the message is sent;
b. the time, prior to the establishment or change, on which the notification must be done at the latest;
c. the data associated with the message;
d. the cases in which the message is to be carried out in whole or in part, electronically or in which cases the competent authority takes delivery of reports electronically in whole or in part.
3 our Minister may make arrangements with regard to the information referred to paragraph 2 and the way in which it is to be supplied.
4 of the notification is given in one or more public knowledge day, news, door-to-door sheets. If, on the basis of an order in Council under article 8.40 also otherwise data being transmitted, the rules on public notification measure. In order in Council can be designated governing bodies, to which a copy of the report or the information provided to be sent otherwise.

Article 8.41 a 1 If activities in respect of which a notification pursuant to the provisions under article 8.41 should be done, as activities that belong to a category for which pursuant to article 2.1 or 2.2, first paragraph, of the law general provisions environmental law an environmental permit is required, if the message is not yet done or the data to be provided in the message have not been completely at the same time as the filing of the application for an environmental permit a message of those activities in accordance with the provisions under article 8.41.
2 If the provisions of the first paragraph, the competent authority decides not to handle the request, provided that the applicant has had the opportunity within the time limit set by that governing body or mentioning the missing information.
3 a decision not to treat the application the applicant shall be published only after the time limit fixed under the second paragraph has expired or unused, within that period, the data referred to in the second paragraph, not or not completely provided.
4 In cases referred to in the first paragraph, the notification will be made to the governing body to which the application for an environmental permit is submitted.
5 If the governing body to which the notification was done, not the governing body which under the provisions under article 8.41, second paragraph, point (a), the message should be addressed without delay, shall forward the former governing body the message information provided to the governing body referred to in that section, under simultaneous communication thereof to the sender.

Article 8.42 1 under or pursuant to order in Council referred to in article 8.40 with regard to topics that the obligation be imposed to comply with rules necessary for the protection of the environment, by a measure indicated that governing body.
2 On the set of requirements as referred to in the first paragraph, article 8.40, paragraphs 2 and 3 shall apply mutatis mutandis.
3 the administrative authority referred to in paragraph 1, can make rules that are different from the rules, put in or under the measure referred to in that paragraph, if that is determined by or under that measure. By the measure can be determined to what extent the requirements may vary and can be determined that can only be derogated from in that categories of cases.
4 the governing body may supplement, amend or repeal the rules if necessary to protect the environment.
5 by the measure are categories of cases, in which the decision declaring the prescription, communication is done by notification in one or more day-, news-or House-to-House sheets.
6 requirements as referred to in paragraph 1 relating to activities directly related to activities for which an application for an environmental permit is lodged or authorised under an environmental permit, be tailored to the application for an environmental permit, environmental permit concerned respectively.
7 On the preparation of a decision on the application for the setting of requirements articles 3.8 and 3.9, first and second paragraph, of the law environmental law general provisions shall apply mutatis mutandis, unless section 3.4 of the General Administrative Law Act applies to them.

Article 8.42 a


The competent authority can rules to an environment permit for connecting a device which differ from the rules, put in or pursuant to an order in Council referred to in article 8.40, if that by or under that measure provides. By the measure can be determined to what extent the requirements may vary and can be determined that can only be derogated from in that categories of cases.

Article 8.42 b 1 by or pursuant to order in Council referred to in article 8.40 with regard to topics that are determined that provincial or municipal regulation rules on those subjects of the rules laid down by or pursuant to the measure may differ, to what extent may be made and can be determined that can only be derogated from in that categories of cases.
2 on provincial or municipal rules as referred to in paragraph 1, article 8.40, paragraphs 2 and 3 shall apply mutatis mutandis.

Article 8.43 1 Establishments in which by others-derived waste, bring in receiving of waste will with a requirement to take into account: a. with the cost of the creation, maintenance and operation of the device, b. with the cost of the facilities that ensure that the establishment, after they scrapped , no adverse consequences for environmental causes, including the cost of the levy due under article 18.89, first paragraph,, and c. with the cost of financial security in categories of cases for which the provision of financial security in accordance with article 4.1 of the law environmental law general provisions is prescribed.
2 our Minister may establish further rules relating to paragraph 1.

Article 8.44 [expired per 01-01-2008] article 8:45 [expired per 01-10-2010] article 8.46 [Red: by recoding expired.]

Section 8.2 Article 8.47 1 In this paragraph and the provisions based thereupon, the following definitions shall apply: a. dump: establishment where waste, or part of a device, where waste, if the establishment does not only waste, with the exception of waste facilities;
b. closed landfill: landfill site which has been issued with the certificate referred to in paragraph 3;
c. business landfill: landfill site where only waste, originating from within the establishment to which the site belongs.
2 under landfill is defined as a closed landfill. To the landfill is also included in the portion of the landfill where the landfill of waste has ended.
3 the competent authority declares a dump for closed, if: a. the landfill of waste has ended, b. as far as a prescription for the decoration, a top seal is made, and (c) a final inspection is carried out by the competent authority which has shown that all the requirements, connected with the area permit for the facility, are met and that no other measures pursuant to the law on soil protection should be taken by the person making the deposit place floats in the event of pollution or deterioration in the bottom under the landfill.

Article 8.47 (a) the competent authority shall inform the Minister as soon as possible of a declaration as referred to in article 8.47, third paragraph.

Article 8.48 1 this section applies to landfills which have an environmental permit is required, where on or after 1 september 1996 waste, and a. for which an order in Council applies as referred to in article 2.22, third paragraph, of the law general provisions environmental law, or b. only dredged material is deposited.
2 this paragraph, with the exception of the first paragraph of this article, shall apply mutatis mutandis to waste facilities.
3 the second paragraph shall not apply to in order in Council designated categories of its very nature temporary waste facilities.

Article 8.49 1 related to a closed landfill are such steps have been taken to ensure that that dump no adverse consequences for environmental causes, or, as far as that cannot reasonably be demanded, the greatest possible protection is provided against that adverse consequences.
2 to the measures referred to in paragraph 1, shall in any event include: a. measures seeking to maintain, as well as maintaining and restoring, improving or replacing facilities to protect the soil;
b. regularly inspect facilities to protect the soil, and (c) the regular examinations of the bottom under the landfill.
3 the one who drives a dump, set an aftercare plan for the implementation of the measures referred to in paragraphs 1 and 2. The aftercare plan shall require the agreement of the competent authority. The competent authority decides within 13 weeks of the submission of the aftercare plan. If the competent authority has decided, within the prescribed period, the assent given by operation of law. The competent authority shall, without delay after the agreement by operation of law makes the decision deadline has passed.
4 the competent authority can the one who drives a dump, recommend the aftercare plan with which it has agreed to adjust, in view of the developments in the field of the technical possibilities for the protection of the environment and developments with regard to the quality of the environment, or in connection with a transfer of the landfill since the date of assent to the aftercare plan.
5 by order in Council may with respect to the measures referred to in paragraphs 1 and 2 as well as with regard to the detailed rules referred to in the third paragraph aftercare plan.

Article 8.50 1 the competent authority shall be responsible for the measures referred to in article 8.49.
2 the competent authority can care for the implementation of the activities related to the measures referred to in article 8.49, to a legal person or agency designated by him for that purpose.
3 by way of derogation from the first paragraph is based concern for the implementation of the activities related to the measures referred to in article 8.49 with respect to: a. closed landfill where dredged material is deposited and that are driven or contributed are driven by our Minister of transport, public works and Water management, to that Minister;
b. closed waste facilities which includes a mining work referred to in article 1 (n) of the mining, the person who last driven the waste facility.
4 at the request of the person who last dump a business driven, whether or not applying paragraph 2 take into account the possibility that concern to that person.

8.51 the rightholder with respect to the article where the care referred to in article 8.49 with respect to a closed dump is performed, is obliged to tolerate that work is carried out for the benefit of that care, without prejudice to its right to damages.

Section 8.3 Article 8.52 following the the province inventory of places where wastes are deposited and where that deposit for 1 september 1996 has ended, share Executive Council of the province where the relevant landfills, our Minister as soon as possible which dumps this concerns.

Article 8.53 1 the 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.
2 he wears allows for publication of this list and makes a copy of the list as well as the part of it to the adds to them in respect of the waste competent tax inspector of the Tax Service.
Chapter 9. Substances and products Title 9.1. General article 9.1.1 this chapter and the provisions based thereupon are also apply to acts done within the exclusive economic zone, to the extent permitted by order in Council.

Title 9.2. Substances, mixtures and genetically modified organisms § 9.2.1. General article 9.2.1.1 this title and the provisions based thereon, with the exception of lines that stretch only pursuant to a treaty or a bound Netherlands for Netherlands for binding decision of an international organization, not apply to foods, stimulants and feed.

Article 9.2.2.2 carry anyone who professionally manufactures a substance, mixture or genetically modified organism, enter in Netherlands, applies, edited, processed or makes available to another, and who knows or could reasonably suspect that through his acts with that substance or mixture or organism that hazards can occur for human health or the environment, is obliged to take all measures reasonably can be taken from him These risks as much as possible, in order to prevent or limit.

9.2.1.3 article 1 any person who professionally manufactures a substance, mixture or genetically modified organism, enter in Netherlands, applies, edited, processed or makes available to another, provided to the Minister, on request, information about that substance or mixture or organism or reasonably available to him.
2 by order in Council may be set with regard to the information referred to in the first paragraph.

9.2.1.4 article


1 by order in Council may be provided that the person who professionally manufactures substances, mixtures or genetically modified organisms, in enter, Netherlands, prepared or processed, in doing so it indicated categories of cases an Administration keeps track of the quantities that he has manufactured, in Netherlands, has applied, edited or processed or made it available.
2 by the measure are rules with regard to the way in which the records are kept and may be other data should be identified in the records should be included.

9.2.1.5 article 1 by order in Council in the interests of national defence can exempt 9.2.3.3, in article 9.3.3 or 9.3 a. obligations 3.
2 by Royal Decree in the interests of national defence exemption can be waived by or under article 9.2.2.1 above, 9.2.2.2., 9.2.2.6 9.2.1.4, 9.2.3.2, 9.2.3.3, 9.2.3.5, paragraph 9.3.3, or 9.3 a.3 asked prohibitions and obligations.
3 To an exemption or waiver, the regulations that are necessary in the interests of the protection of human health and the environment.
4 the nomination for a decision under paragraph 1 or 2 is not done at the request of our Minister of Defense.

§ 9.2.2. 9.2.2.1 above measures Article 1 by order in Council can, if a reasonable suspicion was raised that by acts with substances, mixtures or genetically modified organisms adverse effects to human health or the environment will arise, rules relating to the manufacture, in Netherlands, apply, edit, process, enter holding, to another, making available , transport, export and discard these substances, mixtures or organisms.
2 this may include rules, include: a. a ban one or more of the acts referred to in the first paragraph with regard to the measure designated substances, mixtures or genetically modified organisms;
b. a ban such a Act to be carried out on a measure as indicated, for the purposes identified in, on or under that circumstances this indicated places;
c. a ban an act if (a) or (b) to carry out without authorization issued for this purpose intended;
d. a prohibition to carry out if a such an act with respect to the substances, mixtures or genetically modified organisms not in to the measure's requirements are met;
e. a ban such a Act if the person who carried out this Act, not the at the measure indicated expertise is present;
f. a ban such a Act relating to products, if these identified substances, mixtures or contain genetically modified organisms, or if they contain such substances, mixtures or genetically modified organisms in larger quantities than that;
g. a ban on the measure to apply appropriate substances or mixtures in products that do not belong to a type that an inspection carried out on the basis of the rules laid down for that purpose, the measure is approved;
h. a ban on the measure designated substances, mixtures or genetically modified organisms available to a designated category of persons;
i. an obligation one or more of the acts referred to in the first paragraph with regard to the measure designated substances, mixtures or genetically modified organisms or identified categories of products in which these substances, mixtures or organisms, or an intention to carry out those acts, to report on a specified way to a governing body identified on presentation of that data;
j. an obligation in relation to such acts according to rules laid down at the measure control investigations and the results of those investigations in the manner indicated in the measure to the Minister;
k. a commitment at the measure designated substances, mixtures or identified categories of products in which these substances or mixtures, after application and returning it to the person who the substances, mixtures or products made it available;
l. a commitment at the measure designated substances, mixtures or genetically modified organisms or identified categories of products containing those substances, mixtures or organisms occur, to identified persons or institutions;
m. an obligation for those involved in the measure designated substances, mixtures or genetically modified organisms or identified categories of products containing those substances, mixtures or organisms occur, manufacture, enter or to another in Netherlands, for dependent persons or institutions required by Chapter 10 are competent to or licensed to apply or remove useful of hazardous waste or for when the measure appropriate governing bodies, to which substances, mixtures, organisms or products to raise funds.
3 our Minister may about in a measure under the first paragraph, regular topics detailed rules.

Article 9.2.2.2. A order in Council where application has been given to article 9.2.2.1 above, second paragraph, under b, d, g, i, j, k, l or m, can also entail the obligation to comply with by governing bodies involved in the measure are designated, regarding issues that are regulated in the measure, asked further requirements. In setting such a requirement is also the time in which that requirement in respect of the obligation.

9.2.2.3. Article 1 if application is given in article 9.2.2.1 above, paragraph 2, point (c), are also in order in Council rules on the competent authority, the way in which the application for a permit shall be made, and the data of the applicant may be required.
2 the authorisation may be refused only: a. in the interests of the protection of human health and of the environment;
b. If the implementation of a treaty or a bound Netherlands for Netherlands for binding decision of an international organization to do so requires, or c. in the case and under the conditions provided for in article 3 of the law promoting integrity reviews by the public administration, if that measure provides.
3 before application is given to the second paragraph, introductory wording and point (b), or paragraph 6, introductory wording and point (b), the Agency may promote integrity reviews by the public administration, referred to in article 8 of the law promoting integrity reviews public administration for an opinion referred to in article 9 of that law.
4 On the preparation of the decision on the application for a permit are section 3.4 of the General Administrative Law Act and section 13.2 shall apply. In an order in Council referred to in the first paragraph may be designated, in which categories of cases section 3.4 of the General Administrative Law Act and section 13.2 shall continue to apply, in whole or in part outside.
5 a permit may in the interests of the protection of human health and the environment under restrictions. To licensing can in the interest of the protection of human health and of the environment requirements are connected. These can, in so far as the measure, the obligation to comply with by governing bodies involved in the prescription are appropriate, in the interest of the protection of human health and of the environment asked further requirements. In setting such a requirement, which is also the time determined in respect of that claim the obligation takes effect.
6 without prejudice to article 5.19, first paragraph, of the law environmental law general provisions, authorisation may be withdrawn: a. If the act results in significant risk to human health or to the environment and amending or complementing the regulations reasonably connected to the permit no solution can offer;
b. If the implementation of a treaty or a bound Netherlands for Netherlands for binding decision of an international organization to do so requires, or c. in the case and under the conditions provided for in article 3 of the law promoting integrity reviews by the public administration, if that measure provides.
7 as far as at order in Council is determined, the authorization may be in the interest of the protection of human health and of the environment be changed.
8 On the preparation of a withdrawal or amendment referred to in paragraph 6, respectively the seventh paragraph, section 3.4 of the General Administrative Law Act and section 13.2 shall not apply, unless execution of a treaty or a bound Netherlands for Netherlands for binding decision of an international organization to do so requires.

9.2.2.4 Article 1 if application is given in article 9.2.2.1 above, paragraph 2, point (g), point our Minister the body, which carried out the verification referred to in that provision. In the measure are rules regarding the way in which such a inspection occurs and the grounds on which the designation referred to in the first sentence may be withdrawn or modified.

(2) If pursuant to a treaty or a bound Netherlands for Netherlands for binding decision of an international organization, application is given in article 9.2.2.1 above, paragraph 2, point (g), and the Treaty or decision of that organization under international law is not obligated to designation of a body referred to in paragraph 1, shall apply by way of derogation from the first paragraph, no obligation to indication of an instance.

Article 9.2.2.5 if application is given in article 9.2.2.1 above, paragraph 2, point k, l or m, can also be made for the damage suffered by the one that the substances, mixtures, or products should return or genetically modified organisms, or the costs incurred by the person who is designated to which substances, mixtures, organisms or products to raise funds, at the expense of those who cannot be placed on these substances organisms, mixtures, or products manufactured or imported in Netherlands. This can also rules on the calculation of which damages or costs and the determination of those charged to anyone who damages or costs.

9.2.2.6 article 1 if the expected or proven effects of substances, mixtures or GMOs on human health or on the environment setting rules referred to in article 9.2.2.1 above, paragraph 1, in the opinion of our Minister urgently require and in his opinion, the emergence of an order in Council under that article cannot be seen , he may make a decision referred to in that paragraph's scope. Our Prime Minister takes such a decision in accordance with our Ministers who the Commission is concerned, unless the urgency are in his opinion. 9.2.2.2. to 9.2.2.5 articles shall apply mutatis mutandis.
2 If a ministerial order referred to in paragraph 1 shall expire one year after they entered into force or if, within that period, an order in Council to replace that regulation entered into force, at the time when this measure comes into force. The term can a ministerial order be extended once for not more than one year.

9.2.2.6 article a 1 by order in Council may be provided that in the marketing of fuels for transport to the measure appropriate cases follow requirements laid down by or pursuant to the measure of sustainability, including the emission of greenhouse gases.
2 the requirements referred to in paragraph 1, in each case related to the raw materials used for fuels and the circumstances under which raw materials are manufactured, and, whether or not converted, be transferred for final use in Netherlands.
3 by the measure can also rules on the presentation of data showing that the fuels meet the requirements laid down under the first paragraph of sustainability, as well as data, which shows to what extent the fuels to other by or pursuant to order in Council designate sustainability criteria.
9.2.2.6 Article 4 shall apply mutatis mutandis.

9.2.2.7 article 1 our Minister may in special cases of it under article 9.2.2.1 above, 9.2.2.6 or 9.2.2.6 9.2.1.4, a certain on a request to waive, if the importance of the protection of human health and of the environment are not resistance.
(2) an exemption may be granted under restrictions. The rules can be connected to a waiver, which, in the opinion of our Minister in the interests of the protection of human health and of the environment are necessary.
3 On the preparation of a decision on an application for an exemption as referred to first paragraph, section 3.4 of the General Administrative Law Act and section 13.2 shall apply.
4 a waiver can be changed or revoked by the Minister, if that is in the interest of the protection of human health and of the environment is necessary.

Paragraph 9.2.3. Packaging and indication Item 9.2.3.1 [aging by 01-06-2015] article 9.2.3.2 by or pursuant to order in Council rules can be set with regard to the designation of products in which certain substances or mixtures.

9.2.3.3 article 1 The packaging and closure that enclose a genetically modified organism directly, are: a. such that unwittingly loss of contents cannot take place, b. manufactured from material not by the organism can be compromised, nor can enter into a dangerous reaction or a dangerous connection can form, and c. in such a way that they cannot become loose and at normal treatment file.
(2) if the packaging includes a closure that can be used, the packaging and closure in such a way that the packaging can be closed again on several occasions without unwanted loss of contents takes place.
3 by way of derogation from the first paragraph, under (a), to the packaging, if necessary, one or more vent valves or other safety features.
4 can under or pursuant to order in Council with respect to the packaging and closure rules. This can be determined that those rules only apply to genetically modified organisms or categories thereof or identified in identified cases.

9.2.3.4 The article indicate the presence of a genetically modified organism in a manner which is misleading in respect of their effects on human health or on the environment or relating to it under article 9.2.2.1 above or 9.2.2.6 certain, is prohibited.

9.2.3.5 article 1 under or pursuant to order in Council may be provided that in cases identified the articles all or to 9.2.3.3 and 9.2.3.4 determine portion do not apply: a. to implement pursuant to the Treaty concerning the establishment of the European Union established binding scheme or b. If the importance of the protection of human health and of the environment are not resistance.
2 under or pursuant to a measure referred to in the first paragraph can be made with regard to the rules in articles 9.2.3.3 and 9.2.3.4 regular topics.

Title 9.3. The EC Regulation registration, evaluation and authorisation of chemicals Article 9.3.1 by or pursuant to order in Council can rules for the implementation of the EC Regulation registration, evaluation and authorisation of chemicals.

Article 9.3.2 1 our Minister is the competent authority referred to in the EC Regulation registration, evaluation and authorisation of chemicals.
2 for parts of the regulation relating to policy that is the responsibility of one of our other Ministers, is for those components that Minister designated as competent authority. The indication shall be by arrangement of Our Minister in accordance with that Minister.

Article 9.3.3 1 it is prohibited to act contrary to the following provisions of the EC Regulation registration, evaluation and authorisation of chemicals: articles 5, 7, paragraph 3, 8, 9, second paragraph, fourth and sixth member, 14, first, sixth and seventh member, 31, first, second, third, seventh and ninth Member, 32, first and third paragraphs 33, 34, 35, 37, , fourth to seventh heading, 38, first, third and fourth paragraph, first and second paragraph 39, 40, third and fourth member, 50, 55, 56, fourth paragraph, first and second paragraph, 60, 65 and 67, first paragraph, paragraph 10.
2 it is also prohibited to act contrary to the following provisions of the EC Regulation registration, evaluation and authorisation of chemicals: the first and third paragraph, articles 6, 7, first, second and fifth member, 9, paragraph 2, 11, 13, first paragraph, first, third and fourth member, 17, first paragraph, 18, paragraph 1, 19, first paragraph, 22, first, second and fourth Member , 24, second paragraph, first and second paragraph 25, 26, first and third paragraphs, 30, first, second, third and fourth, fifth and eighth member member, 31, 32, 36, 37, second paragraph, second and third paragraphs, 41, paragraph 4, 46, 49, 50, second paragraph, second and third paragraph, the first and third paragraph 61, 63, 66, paragraph 1 and paragraph 3, 105.
3 it is forbidden to carry out or refrain from actions in violation of other provisions of the EC Regulation registration, evaluation and authorisation of chemicals than mentioned in paragraph 1 or 2, in so far as such provisions implementing article 126 of that regulation in order in Council are designated.
4 An order in Council referred to in paragraph 3 shall lapse one year after he entered into force, or, if within that period, a draft law amending paragraph 1 or 2 at the States General is submitted, at the time when that proposal is rejected or, after to impunity, has entered into force.
5 The first to fourth paragraph shall not apply to behaviors, as far as rules made by or under the commodities Act on this subject.

Title 9.3 (a). The EC regulation on classification, labelling and packaging of substances and mixtures, Article 9.3 a. 1 the Minister of health, welfare and Sport indicates a ministerial order the institution that is responsible for the execution of the task, referred to in article 45, paragraph 1, of the EC regulation on classification, labelling and packaging of substances and mixtures. In the ministerial regulation rules can be set with regard to the method of performing that task.

Article 9.3 a. 2


Our Minister of health, welfare and Sport, the competent authority referred to in article 43 of the EC regulation on classification, labelling and packaging of substances and mixtures, as far as it regards the making of proposals for harmonised classification and labelling of substances and mixtures.

Article 9.3 a. 3 1 it is prohibited to act contrary to the following provisions of the EC regulation on classification, labelling and packaging of substances and mixtures: articles 4, first to fourth member, seventh, eighth and tenth member member member, 7, first to third paragraphs, 13, 15, 17, fourth paragraph, first and second paragraph, 18, first to third paragraphs , 19, paragraphs 1 and 2, 20, first and third paragraphs, 21, first and third paragraphs, 22, first and fourth member, 23, 25, first, second and fourth to sixth member, 28, paragraphs 2 and 3, the first and third paragraph 29, 30, 31, first paragraph, first to fifth member, 32, first to fourth and sixth member, 33 , first to third member, 35, 48, and first and second paragraph, first and second paragraph.
2 it is also prohibited to act contrary to the following provisions of the EC regulation on classification, labelling and packaging of substances and mixtures: articles 16, paragraph 1, first and second paragraph 26, 27, 28, paragraph 1, 30, paragraphs 2 and 3, 40, first to third member, and the first and second paragraph 49.
3 it is forbidden to carry out or refrain from actions in violation of other provisions of the EC regulation on classification, labelling and packaging of substances and mixtures than mentioned in paragraph 1 or 2, in so far as such provisions implementing article 47 of that regulation in order in Council are designated.
4 An order in Council referred to in paragraph 3 shall lapse one year after he entered into force, or, if within that period, a draft law amending paragraph 1 or 2 at the States General is submitted, at the time when that proposal is rejected or, after to impunity, has entered into force.

Article 9.3 a.4 [aging by 01-06-2015] Title 9.4. The EC ecodesign directive energy-related products In 9.4.1 Article 1 this title and the provisions based thereupon: CE marking: marking referred to in decision No. 93/465/EEC of the Council of the European Union of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking (OJ L 220) and consisting of the inscription «CE» as shown in annex III to the EC ecodesign directive energy-related products;
components and sub-assemblies: parts intended to in a following an order in Council or an implementing measure referred to in article 9.4.4, second paragraph, designated energy-related product to be built in and not as individual parts for the benefit of users on the market or put into service, or of which the environmental performance can be assessed independently of the said product;
Declaration of conformity: document whereby the manufacturer in accordance with annex VI to the EC ecodesign directive energy related products explains that all the relevant provisions of the applicable implementing measure that product are met, having regard to those implementing measure;
EC ecodesign directive energy-related products: Directive 74/60/EEC. 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 eco-design requirements for energy related products (recast) (Oj L 285);
related product: product that when it is introduced on the market or in use, has an effect on energy consumption, including parts intended to be incorporated into that product and that for the benefit of users on the market or put into service as individual parts of which the environmental performance can be assessed independently;
manufacturer: the person who manufactures a related product in order to introduce on the market under his own name or trademark or for the manufacturer's own use;
importer: person established in the European Community in the course of his business a product from a country outside the European Union on the market;
on the market: on the market, in return for payment or free of charge, with a view to distribution or use, irrespective of the way in which that;
implementing measure: under EC ecodesign directive energy related products approved measure laying down the requirements for ecodesign for energy-related products indicated therein.
2 for the purposes of this title, and the eco-design, eco-based provisions under harmonised standard, profile, materials, environmental performance, product design or improvement of the environmental performance ' means that which is below it in article 2 of the EC-ecodesign directive energy-related products.
3 in the absence of a manufacturer or importer of a related product is the one that energy-related product on the market or putting it into service, for the purposes of this title and the provisions based thereupon as a manufacturer.
4 an amendment to the second paragraph in the concepts in the EC ecodesign directive energy-related products or an annex to that directive to which reference is made by or under this title, go to the application of it by or under this title certain are current as of the date of execution must be given to the relevant change, unless by a decision of the Minister , which is published in the Government Gazette, a different time is fixed.

Article 9.4.2 a manufacturer may authorize in writing on behalf of a person by or under this title applicable obligations, provided that the authorised representative established within the European Community.

Article 9.4.3 this title shall not apply to devices for the transport of persons or goods.

Article 9.4.4 1 under or pursuant to order in Council can in the importance of energy efficiency and environmental protection related to the eco-design of a class of energy-related products and the provision of related information on those products to the user rules.
2 it is the manufacturer or importer of a related product that belongs to an order in Council designated category or to a category, designated in an implementing measure in the form of a regulation, is prohibited to introduce that product on the market or, if in connection with that product not met by or under this title and the requirements laid down in the implementing measure.

Article 9.4.5 1 the manufacturer or importer shall ensure that a related product that belongs to a following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation has been made, before that product on the market or put into service , to a conformity assessment is reviewed whether it meets the by or under this title and the requirements laid down in the implementing measure. In order in Council rules can be given as to the manner in which the review in connection with that product.
2 the manufacturer must in connection with a related product that belongs to a following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation, a declaration of conformity and the CE marking on the product. The importer shall ensure that he regards such a product has the Declaration of conformity and the CE marking was affixed on the product.

The manufacturer or importer of an article 9.4.6 1 related product that belongs to a following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation has been made, saves after in Netherlands on the market or putting into service of that product the relevant documents relating to the conformity assessment referred to in article 9.4.5, first paragraph, and in this regard, issued statements of conformity for a period of 10 years after termination of the manufacture of that product.
2 the manufacturer or importer shall inform the documents referred to in paragraph 1 within 10 days of receipt of a request from the competent authority, with responsibility for supervising compliance with the law, available to that competent authority.

3 manufacturers of components and sub-assemblies can by or pursuant to order in Council with respect to a related product that belongs to a following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation, are obligated to the manufacturer or importer of the product indicated in this with relevant information on the material composition and the consumption of energy , materials or resources of the components or sub-assemblies produced by them.

Article 9.4.7 1 it is forbidden on a tag to a related product, which the users of that product can the meaning or form of the CE marking shall be prohibited.
2 it is a related product that belongs to a banned following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation, that are not already on the market is introduced and is not in accordance with the provisions in or under this title and with the applicable implementing measure to show or demonstrate, at trade fairs, exhibitions or similar events. The ban does not apply if clearly visible is indicated that the product is still not in conformity with those implementing measure and not on the market will be introduced, as long as the product not yet with the certain and by or under this title in accordance with the applicable implementing measure.

Article 9.4.8 1 A related product, belonging to a following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation has been made, that of a CE marking is suspected to meet the for that product by or under this title and the requirements laid down in the implementing measure.
2 A related product, belonging to a following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation, for which a harmonised standard is applied, the reference number in the official journal of the European Union, is suspected to meet the requirements of the applicable implementing measure to which such standards relate.
3 A related product, belonging to a following an order in Council referred to in article 9.4.4, second paragraph, designated category or to a category, designated in an implementing measure in the form of a regulation, authorised 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 eco-label has been granted, is suspected to comply with the ecodesign requirements of the applicable implementing measure in so far as the eco-label to those requirements.

Title 9.5. Other provisions relating to substances, preparations and products Article 9.5.1 1 by order in Council can in the interest of preventing or limiting air pollution or noise pollution rules relating to the manufacture, import, possession, in Netherlands to another provision in the measure, transport and use of appropriate products.
2 by way of derogation from the first paragraph are in the interest of preventing or limiting noise pollution at a measure referred to in the first paragraph, no lines are set with regard to aircraft.
3 to the rules referred to in paragraph 1, may include rules, a ban with respect to such products containing one or more of the acts referred to in the first paragraph: a.;
(b) to do otherwise than in accordance with the concerning those acts or those products at the measure asked rules;
c. to do with products, belonging to a category designated in the measure, on the measure at the indicated places, in the manner specified in measure or measure indicated in the circumstances;
d. to do ' if products do not meet the requirements in the measure;
e. to do ' if products do not belong to a type that an inspection, carried out in accordance with rules laid down in the measure is approved;
f. to do if the products are not in accordance with rules laid down in the measure are approved.
4 At a measure referred to in the first paragraph may be provided that applicable rules only apply to the measure specified categories of cases or in the designated areas at the measure.
5 by a measure referred to in the first paragraph, in the interest of national defence exempt under the first paragraph of the prohibitions and obligations. An exemption can be linked to requirements that are necessary in the interest of preventing or limiting air pollution or noise.
6 as far as a measure referred to in the first paragraph extends to fulfilment of obligations arising from a treaty or a bound Netherlands for Netherlands for binding decision of an international organization, to the rules referred to in paragraph 1, also include rules that provide for: a. a ban without a license, issued by a designated administrative authority in that measure , to carry out acts at that measure designated products or categories thereof;
b. an obligation in respect of those products or categories thereof to the measure indicated cases of its use to declare at a governing body, that that measure is appropriate, or to meet measurement requirements in a manner determined by the measure;
c. an obligation to comply with by a governing body, that the measure is appropriate further requirements laid down on the topics covered in that measure, at a time determined by the governing body.
7 if application is given to the third member, (e) or (f) on the basis of the points our Minister under or pursuant to a measure referred to in the first paragraph requirements the bodies referred to in those parts inspections. By or under that measure shall in that case also determined on the basis of which our Minister suspend or withdraw the designation can be made on how the rules and conditions under which such inspections are made.
8 Our Minister may about in a measure under the first paragraph, regular topics detailed rules.

Article 9.5.2 1 by order in Council can to stimulate re-use, prevention, recycling and other recovery, of an effective waste management or otherwise in the interests of environmental protection rules relating to the manufacture, enter, apply in Netherlands, holding, to another, receiving, taking, useful applying and removing from the measure designated substances , mixtures or products or waste. With regard to products not made in the interest that such rules be article 9.5.1 is designed to protect.
2 to the rules referred to in paragraph 1, may include rules, holding a ban with regard to such substances, mixtures or products or waste any of the acts referred to in the first paragraph: a.;
(b) to do otherwise than in accordance with the concerning those acts or which substances, mixtures or products or waste at the measure asked rules;
c. to be carried out on a measure at the preferred mode, under that circumstances, or for identified purposes;
d. to do if the substances, mixtures or products or waste does not meet the requirements in the measure.
3 to the rules referred to in paragraph 1, may also include rules, alleging the obligation for the one that came with the measure designated substances, mixtures or products marketing: a. which substances, mixtures or products or their packaging with a by the Minister indicated indication;
b. those substances, mixtures or products and the remaining waste, after use, to take it and to manage, as well as the financial responsibility or the responsibility for arranging waste management in whole or in part;
c. to arrange for the adoption of provisions aimed at those substances, mixtures or products after taking on a in the manner indicated measure useful to apply or remove;
d. to take care of it, after ingestion, dispensing those substances, mixtures or products to a person belonging to a category designated in the measure;
e. publicly available to provide information on the extent to which those substances, preparations or products are suitable for reuse and recyclable.
4 to the rules referred to in paragraph 1, may also include rules, alleging the obligation: a. in the measure designated persons at the measure designated waste or other substances, mixtures or products to take delivery, and then click a in the manner indicated measure;

b. for mayor and Councillors to ensure that there is at least one place made available for this purpose within the municipality or within the municipalities with which cooperation, adequate opportunity at the measure designated substances, mixtures or products to leave behind that have been taken under paragraph 3 (b) to a measure in the manner indicated.
5 by a measure referred to in the first paragraph may be provided that applicable rules only apply to the measure specified categories of cases or in the designated areas at the measure.
6 article 9.5.1, paragraph 6 shall apply mutatis mutandis, it being understood that the rules referred to in that paragraph, may be held also in relation to the measure referred to in paragraph 1, designated substances and mixtures or categories thereof.
7 Our Minister may about in a measure under the first paragraph, regular topics detailed rules.

Article 9.5.3 from an order in Council, adopted under article 9.5.1, it may be provided that the authority which is competent pursuant to article 8.1 for a permit to provide a device, when granting or change the license with respect to the measure indicated topics in the restrictions under which the authorisation is granted, or in the corresponding provisions of the measure or under article 9.5.1 , sixth paragraph, asked rules relating to products may be different. In that case, the measure indicated the extent to which the competent authority of the rules may be different. The measure can also be determined that the jurisdiction to deviate only applies in that categories of cases.

Article 9.5.4 Our Minister may, if in his opinion, in the interest of preventing or limiting air pollution or noise pollution, or in the interest of promoting reuse, recycling or other recovery, prevention, of an effective waste management or otherwise in the interests of the protection of the environment the immediate provision is necessary, an arrangement establishing the effect referred to in articles or 9.5.1 9.5.2 for a period of not more than two years.

9.5.5 article 1 may by Royal Decree in the interests of national defence at the request of our Minister of Defense be granted exemption to the provisions under article 9.5.1.
2 the Minister may also, on request, grant a derogation from the provisions under sections 9.5.1 9.5.2 or if the importance that those articles are intended to protect, are not resistance.
3 to an order in Council referred to in articles 9.5.1 9.5.2 or can be determined that a measure appropriate to the other governing body in place of our Minister may grant exemption from the provisions under these articles, if the importance that those articles are intended to protect, are not resistance.
4 To a waiver as referred to in the first to third member rules and restrictions can be connected in the importance that articles 9.5.1 9.5.2 or are intended to protect.
5 The rules and restrictions referred to in paragraph 4 may be amended, supplemented or revoked in the interest of the articles designed to protect or 9.5.1 9.5.2.
6 a waiver as referred to in the first to third member may be revoked in whole or in part the importance that articles 9.5.1 9.5.2 or are intended to protect.
7 by order in Council under article 9.5.2 it may be provided that in doing so it indicated categories of cases on the preparation of a decision to grant the request for exemption, section 3.4 of the General Administrative Law Act applies.

Article 9.5.6 1 if application is given to article 9.5.1, paragraph 6 (a), or article 9.5.2, paragraph 6, in conjunction with article 9.5.1, paragraph 6 (a), section 3.4 of the General Administrative Law Act apply to the preparation of a decision on the request for development consent. Article 5.4 shall apply mutatis mutandis.
2 a permit may be refused only in the importance that articles 9.5.1 9.5.2 or are intended to protect.
3 a permit may be granted under restrictions.
4 to licensing rules can be connected. This may include the requirement, that with regard to regular topics in the prescription must be met to further requirements, which by a designated administrative authority at the prescription.
5 with the relevant order in Council can be designated categories of cases in which the first paragraph does not apply.
6 to the extent permitted by the measure is provided, the authorization may be amended or withdrawn. On the preparation of such a modification or withdrawal is section 3.4 of the General Administrative Law Act apply. Article 5.4 shall apply mutatis mutandis.

Title 9.6. The EC-directive on the promotion of clean and energy efficient road transport vehicles Article 9.6.1 by or pursuant to order in Council be rules to promote that when purchasing the in or at designated road vehicles that measure takes into account the energy and environmental impacts referred to in article 5, paragraph 2, of Directive 74/60/EEC. 2009/33/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 transport vehicles (Ojeu L 120) by the following Parties: a. Contracting authorities referred to in article 4 (1) of that directive, and (b). operators as referred to in article 3 (b) of that directive.

Title 9.7.
Renewable energy transport § 9.7.1. 9.7.1.1 In this general article title and the provisions based thereupon: petrol: unleaded light oil as referred to in article 26, paragraph 2, of the law on excise duty;
biofuel: biofuel as referred to in article 2, part i of the renewable energy directive;
diesel: gas oil referred to in article 26, fourth paragraph, of the law on excise duty;
sustainability system: voluntary system referred to in article 18, paragraph 4, of the renewable energy directive that is recognized by the European Commission;
energy content: energy content as listed in annex III to the renewable energy directive or if not included in that annex calculated in accordance with a ministerial order to set rules;
renewable fuel: energy for transport that is: 1 °. no electricity or biofuel, 2 °. produced from renewable sources as referred to in article 2, part a of the renewable energy directive, using energy from renewable sources as referred to in that article;
renewable fuel unit: renewable fuel unit referred to in article 9.7.3.1;
renewable energy transport: energy from renewable sources as referred to in article 2, part a of the renewable energy directive intended for transport;
importer: enterprise that petrol, diesel, liquid biofuel or liquid renewable fuel enter in Netherlands, but no holder of an authorisation for a accijnsgoederen place as referred to in Article 1a, paragraph 1, part b, of the law on excise duty on mineral oils as provided for in article 25 of that law or registered consignee referred to in Article 1a, paragraph 1, part l , of the law on mineral oils as provided for in article 25 of this law;
inboeker: undertaking, which is: 1 °. holder of an authorisation for a accijnsgoederen place as referred to in Article 1a, paragraph 1, part b, of the law on excise duty on mineral oils as provided for in article 25 of this law, 2 °. registered consignee referred to in Article 1a, paragraph 1, part l, of the law on mineral oils as provided for in article 25 of this law, 3 °. importer, or 4 °. electricity or gaseous biofuel supplies to road vehicles in Netherlands;
inboek facility: property of an account in the registry that the booking of renewable energy transport in accordance with article 9.7.4.1;
year renewable fuel obligation: number of units that the supplier to final consumption is payable under article 9.7.2.1;
annual commitment facility: property of an account in the registry that a supplier to final consumption has to its annual commitment under article 9.7.2.2;
supplier to final consumption: holder of an authorisation for a accijnsgoederen place as referred to in Article 1a, paragraph 1, part b, of the law on excise duty on mineral oils as provided for in article 25 of that Act, or registered consignee referred to in Article 1a, paragraph 1, part l, of the law on mineral oils as provided for in article 25 of that Act , which petrol, diesel, liquid biofuel or liquid renewable fuel supplies to final consumption, or importer;
deliver to the Dutch market for transport: deliver to final consumption or delivery to another holder of an authorisation for a accijnsgoederen place as referred to in Article 1a, paragraph 1, part b, of the law on excise duty;
deliver up to final consumption: release for consumption within the meaning of article 2 of the law on excise duty;
undertaking: an undertaking as referred to in article 5 of the Handelsregisterwet 2007;
transfer facility: property of an account in the registry that the transfer of a renewable fuel unit;
registry: registry renewable energy transport operations referred to in article 9.7.5.1, first paragraph;

renewable energy directive: Directive 74/60/EEC. 2009/28/EC of the European Parliament and of the Council of the European Union of 23 april 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing directives 2001/77/EC and Directive 2003/30/EC (Oj L 140, 2009);
transport: all forms of transport by road, rail, water and air within Netherlands.

9.7.1.2 article by or pursuant to order in Council final consumption categories can be designated suppliers to which the provisions of this title with respect to the supplier to final consumption are not applicable.

9.7.1.3 article At order in Council may, for the purposes of this title, restrictions on the use of biofuels which, on the basis of the energy content renewable energy directive single counts.

Article 9.7.1.4 The internal revenue service provide on request the Board of the authority to establish a ministerial order the emission data, in so far as these data are necessary for the implementation of this title.

§ 9.7.2. Renewable energy transport Article 9.7.2.1 annual commitment The supplier to final consumption is in any one calendar year due the number of renewable fuel units corresponding to the order in Council to fix part of the energy content of the right on by him in the preceding calendar year until the end of that calendar year consumption to road vehicles or railway vehicles Netherlands delivered in petrol, diesel, liquid biofuel or liquid renewable fuel.

9.7.2.2 article The supplier to final consumption has an account with annual commitment facility in the registry.

9.7.2.3 article 1 The supplier to final consumption for March 1 of any calendar year on his account with annual commitment facility in the registry the right on that date by him in the previous calendar year until the end of consumption to road vehicles or railway vehicles in Netherlands quantity supplied petrol, diesel, liquid biofuel or liquid renewable fuel in 2 changes to the quantity imported for any calendar year on his account to end consumption of road vehicles or rail vehicles delivered gasoline in Netherlands , diesel, liquid biofuel or liquid renewable fuel after the date referred to in paragraph 1, notify the supplier to final consumption in the Government of the emission authority.
3 a ministerial order are the when entering information in the account.
4 the data referred to in paragraph 3, and the underlying documents shall be kept by the supplier to final consumption until at least five years after the end of the calendar year to which the data relate.

9.7.2.4 Article 1 if a supplier to final consumption by him in any one calendar year until the end of the consumption of road vehicles or railway vehicles in Netherlands quantity supplied petrol, diesel, liquid biofuel or liquid renewable fuel not for 1 March of the following calendar year has introduced on his account can the Board of the emission authority that amount to determine of its own motion.
(2) If a supplier to final consumption by him in any one calendar year until the end of the consumption of road vehicles or railway vehicles in Netherlands quantity supplied petrol, diesel, liquid biofuel or liquid renewable fuel can not correctly entered on the Board of the emission authority to five years after that calendar year the right amount of petrol, diesel, liquid biofuel or liquid renewable fuel on its own initiative.
3 by order in Council are detailed rules on the application of paragraphs 1 and 2.

9.7.2.5 article 1 On april 1 of any calendar year: a. has the supplier to final consumption at least the number of renewable fuel units on his account, and b. writes the Board of the emission authority of the account of the supplier until final consumption units the number of renewable fuel, which corresponds to the right on that date for that vendor for the preceding calendar year current year obligation.
2 if application of article 9.7.2.4, second paragraph, leads to an increase of the annual commitment for the calendar year concerned writes the Board of the emission authority the number of renewable fuel units corresponding to that increase from the account of the supplier until final consumption.
3 If the number of renewable fuel units on the account of the supplier until final consumption as a result of the application of paragraph 1 or 2 is less than zero, he fills the shortage of for april 1 following the calendar year in which the deficit was incurred.

§ 9.7.3. 9.7.3.1 renewable fuel units Article a renewable fuel unit represents a contribution to the annual commitment of one gigajoule renewable energy transport.

Article 9.7.3.2 a renewable fuel unit can only be kept in the registry.

Article 9.7.3.3 1 a renewable fuel unit is prone to transfer if the transferring Party and the receiving party each in their name have an account in the registry.
2 a renewable fuel unit is also susceptible to other transition. The first paragraph shall apply mutatis mutandis.

Article 9.7.3.4 transfer of one or more renewable fuel units can not create a number of renewable fuel units on an account that is less than zero.

Article 9.7.3.5 1 The unit required for transfer of a renewable fuel supply is carried out by: a. depreciation of renewable fuel unit of the account that person's name in the register of the party providing the renewable fuel transfer unit, and b. credited on the account that person's name in the register of the party that obtains the renewable fuel unit.
2 the first paragraph shall apply mutatis mutandis to each transition other than transfer.
3 each transition works other than transfer vis-à-vis third parties after the first transition in the registry is registered.

Article 9.7.3.6 1 nullity or destruction of the agreement that led to the transfer, or lack of competence of the person who transfers, has, after the transfer is complete, shall not affect the validity of the transfer.
2 any reservation with respect to the transfer is worked out at the time that the transfer came about.

9.7.3.7 article 1 by way of derogation from article 228 of book 3 of the civil code, on a renewable fuel unit no right of property are established.
2 On a renewable fuel unit can not be located right of usufruct.
3 a renewable fuel unit is exempt.

§ 9.7.4. 9.7.4.1 post renewable energy transport Article 1 A inboeker before 1st March by post in any one calendar year the registry directly to that date in the preceding calendar year by him to: a. the Dutch market for liquid biofuel supplied transport complying with article 9.7.4.2;
b. transport in Netherlands supplied gaseous biofuel that complies with article 9.7.4.3;
c. the Dutch market for liquid transport supplied renewable fuel which complies with article 9.7.4.4, paragraph 1, or d. road vehicles in Netherlands electricity supplied.
2 by order in Council may be set with regard to the inboeker of gaseous biofuel or electricity.

Article to books in The liquid biofuel 9.7.4.2: a. complies with the requirements, under article 9.2.2.6 made a, and b. stood immediately prior to the delivery to the Dutch market for transport on a location for that liquid biofuel is certified or verified in accordance with the requirements of the sustainability system used by the inboeker.

Article 9.7.4.3 to The books gaseous biofuel meets the requirements, asked: a. under article 9.2.2.6 a, and b. by order in Council.

Article 9.7.4.4 1 in booking liquid renewable fuel meets by or pursuant to order in Council requirements.
2 The inboeker that an amount of liquid renewable fuel inboekt, features a statement of a verifier that fuel which complies with the requirements referred to in paragraph 1.
3 the Verifier makes no statement if the requirements referred to in paragraph 1.
4 the Verifier saves all information and documentation concerning the verification for at least five years after the end of the calendar year to which the authorization relates.
5 under or pursuant to order in Council can further requirements to the Verifier and the authentication.

Article 9.7.4.5 1 a ministerial order: a. be rules on the determination of the amount of renewable energy been factored transport;
b. determines how the inboeker demonstrates that compliance with articles 9.7.4.4, 9.7.4.3 and 9.7.4.2;
c. the particulars to be determined at the post;
d. detailed rules can be held responsible for the bookings of liquid renewable fuel.
2 the data referred to in paragraph 1, part c, the inboeker kept for at least five years after the calendar year in which the booking took place.

Article 9.7.4.6 1 the Board of the emission authority requires one gigajoule energy content renewable energy transportation that is entered in the register one renewable fuel unit at on the behalf of the inboeker.
2 the amount of renewable energy transport been factored is rounded down to one gigajoule.

3 by way of derogation from the first paragraph, the Board of the emission authority writes some renewable fuel units at a ministerial order adopted in the size of a portion of the energy content, multiplied by a ministerial order laid down that factor, the amount of electricity that is delivered to road vehicles been factored in Netherlands.
4 by way of derogation from the first paragraph writes the Board of the emission authority been factored by an importer for a amount of renewable transport fuels renewable energy units at the account of that importer, after which importer according to rules laid down by ministerial regulation has shown that that quantity to the Dutch market for transport.

Article 9.7.4.7 1 the Board of the emission authority makes every year on a ministerial order to determine moments an overview of the number of available renewable fuel units public.
2 by order in Council further rules are set with regard to the disclosure referred to in paragraph 1.

Article 9.7.4.8 1 under or pursuant to order in Council can categories biofuel are designated by or under which, under conditions, that measure the energy content is multiplied by a factor determined by or under that measure.
2 The inboeker that a quantity of biofuel as referred to in paragraph inboekt, features a statement of a verifier that biofuel that meets the conditions referred to in that paragraph.
3 the Verifier makes no statement if the requirements referred to in paragraph 1.
4 the Verifier saves all information and documentation concerning the verification for at least five years after the end of the calendar year to which the authorization relates.
5 under or pursuant to order in Council can further requirements to the Verifier and the authentication.

Article 9.7.4.9 For renewable energy transport between 1 January and 1 april of any calendar year is delivered to the Dutch market for transport, to transport in Netherlands and Netherlands respectively to road vehicles entered in the register writes in the Board of the emission authority after april 1 of that calendar year renewable fuel units at on the behalf of the inboeker.

Article 9.7.4.10 a quantity of renewable energy that is entered in the registry is not as durable transferred and is not entered in the registry.

Article 9.7.4.11 1 the Board of the emission authority may suspend or deny credit of renewable fuel units if the misuse or fraud suspects or other has reason to believe that non-compliance with the requirements laid down by or pursuant to this section.
2 by order in Council may be asked about the suspension or refusal referred to in paragraph 1.

9.7.4.12 1 inboeker submit The article for april 1 of the calendar year following the calendar year in which he the renewable energy transport to the Dutch market for transport, to transport in Netherlands to road vehicles respectively in Netherlands has made to the Board of the emission authority a statement of a verifier which shows that, as applicable: a. the transport by him been factored renewable energy meets the 9.7.4.1 under or pursuant to the articles 9.7.4.2, 9.7.4.3, 9.7.4.5, paragraph 2, paragraph 1, parts a and d, or 9.7.4.9 requirements, and b. He has met the by or under articles 9.7.4.4, second paragraph, subparagraph (b), 9.7.4.8, 9.7.4.5, first paragraph, second paragraph, or 9.7.4.10 requirements.
2 the Verifier makes no statement if the requirements referred to in paragraph 1.
3 the Verifier saves all information and documentation concerning the verification for at least five years after the end of the calendar year to which the authorization relates.
4 under or pursuant to order in Council can further requirements to the Verifier and the authentication.

Article 9.7.4.13 (1) if in the opinion of the Board of the emission authority failure to comply with the requirements laid down by or pursuant to this section for the journal entry in the registry of a quantity of renewable energy transport or the verification referred to in article 9.7.4.12, the directors that quantity, the characteristics of that quantity or the factor referred to in article 9.7.4.8 , to five years after the calendar year of post retirement.
2 If the determination referred to in paragraph 1, that follows the inboeker too much renewable fuel units has been factored amount of renewable energy for the transport, the number of renewable fuel units which has received too much inboeker, charged to the account of that inboeker.
3 by order in Council may be asked about the application of paragraphs 1 and 2.
4 If the number of renewable fuel units on the account of the inboeker as a result of the application of paragraph less than zero is supplemented by the inboeker the deficit for april 1 following the calendar year in which the deficit was incurred.

Article 9.7.4.14 1 The emission authority makes public an overview every year, in which liquid biofuel per inboeker of the nature and source of the inboeker been factored by those liquid biofuels as well as used by those inboeker sustainability system. Article 10 of the Act shall apply mutatis mutandis.
2 by order in Council be further rules regarding the content and the method of publication of the statement referred to in paragraph 1.

§ 9.7.5. Registry 9.7.5.1 renewable energy transport Article 1 there is an electronic register renewable energy transport.
2 the registry is managed by the emission authority.
3 the registry consists of the accounts referred to in article 9.7.5.3.

9.7.5.2 article 1 be a ministerial order rules on the operation, organization, availability and security of the registry.
2 the Board of the emission authority can conditions for the use of the registry.

Article 9.7.5.3 1 the Board of the emission Authority opens on request of the supplier to final consumption on his name with an account with annual commitment facility and transfer facility.
2 the Board of the emission Authority opens at the request of a inboeker on his name with an account with inboek facility and transfer facility.
3 the Board of the emission Authority opens at the request of a company other than those referred to in paragraph 1 or 2, which belongs to an order in Council designated category, on the name of an account with transfer facility.
4 the administration of the emission authority in the name of a company not open more than one account. An account can all facilities listed in the first and second paragraph.
5 be rules about opening a ministerial order, track, and manage the accounts.

Article 9.7.5.4 1 the Board of the emission authority can if it has reason to believe that there is fraud or abuse or which does not comply with the requirements laid down by or pursuant to this title for having an account in the registry or for the use of that account: a. refuse to open an account;
b. a bill or a facility of that account blocking;
c. an account.
2 the Board of the emission authority may, on the application of the account holder an account.
3 by order in Council are detailed rules on the application of the first paragraph, and can be made rules on the application of the second paragraph.
4 The renewable fuel units on an elevated account expired by operation of law.

Article 9.7.5.5 1 a ministerial order may provide that for opening and keeping an account with transfer facility inboek facility or annual commitment facility, compensation is to be paid in accordance with the rules set by that procedure.
2 to the regulation, referred to in paragraph 1: (a) the level of remuneration, which is not higher than is necessary to cover the costs to be borne by the emission authority from engaging in activities for which the compensation is payable, and b. be rules as to how the fee is paid.

Article 9.7.5.6 1 the number of renewable fuel units on april 1 of any calendar year on the account of a supplier to final consumption after the Board of the emission authority application has given to article 9.7.2.5, paragraph 1, part b, a inboeker or an undertaking as referred to in article 9.7.5.3. third member, in an area spared for the directly following calendar year.
2 by order in Council be rules about the part referred to in paragraph 1. For the supplier to final consumption, the inboeker or the company, referred to in article 9.7.5.3, paragraph 3, can have different rules.
3 The renewable fuel units which are not spared, expired by operation of law.

§ 9.7.6. Transitional provisions Article 9.7.6.1 renewable energy transport


The Board of the emission authority writes in accordance with articles 9.7.4.6 and 9.7.4.7, according to by or pursuant to order in Council to set rules, renewable fuel units at inboeker or on the account of the supplier to final consumption which registered as referred to in article 1 of the decision, was for the renewable energy transport by or under that measure certain amount of by those inboeker or supplier to final consumption in the right on the date of entry into force of this title prior calendar year renewable energy supplied transport.

Article 9.7.6.2 the obligations referred to in the Decision registered renewable energy transport resulting from that decision or the settlement renewable energy transport continue to apply for the right on the date of entry into force of this title preceding calendar year.

9.7.6.3 article 1 if a supplier to final consumption that requiring registration as referred to in article 1 of the decision renewable energy transport was, in the opinion of the Board of the emission authority in any one calendar year has not complied with its obligation under article 3, paragraph 1, of that decision, the Board to five years after that calendar year the number of renewable fuel units corresponding to the share of the requirement which the supplier to final consumption has failed , amortizing the account of that supplier to final consumption.
9.7.2.5 Article 2, paragraph 3, shall apply mutatis mutandis.
Chapter 10. Waste Title 10.1. General article 10.1 1 anyone who acts with regard to waste or fails and who knows or reasonably could have known that thereby harming the environment arise or may arise, is obliged to take all measures or reasonably can be taken from him, in order to prevent or limit the impact as much as possible.
2 it is every one who waste arise, prohibited acts with respect to that or let waste, of which he knows or reasonably could have known that thereby harming the environment arise or may arise.
3 it is a banned any business or in an extent or in a manner as if this business was, acts related to waste if thereby, to he knows or reasonably could have known, harming the environment arise or may arise.
4 under acts referred to in paragraph 3 shall in any case means: collection or otherwise in receipt, storage, recovery, removal, transport or marketing of waste or assistance with the management of waste.
5 the prohibitions referred to in the paragraphs 2 and 3, shall not apply in so far as these acts concerning, which the party who is carried out, expressly permitted by or under this Act or a law referred to in article 13.1, second paragraph, of the EC Regulation shipments of waste.

Article 10.1 (a) 1 this chapter shall not apply to the following substances, preparations and objects: a. gaseous effluents that are emitted into the atmosphere, as well as carbon dioxide is captured and transported for the purposes of geological storage and geologically stored in accordance with the provisions of Directive 74/60/EEC. 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 (Oj L 140), or on the basis of article 2, paragraph 2, of that directive from the scope of that directive;
b. soil including unexcavated contaminated soil and durable with the bottom connected buildings;
c. non-contaminated soil and other naturally occurring material excavated for construction activities, where it is certain that the material will be used for construction purposes on the location where it was excavated;
d. radioactive waste;
e. decommissioned explosives;
f. feces, as far as not falling under part h, under 1 °, straw and other natural, non-hazardous agricultural or forestry material used in agriculture, forestry or for the production of energy from biomass through processes or methods that are harmless to the environment and human health at risk;
g. sediment that surface water is moved with a view to the management of water and waterways or to floods to prevent or reduce the effects of floods and drought, or for land reclamation, if it is demonstrated that the sediment is harmless;
h. as far as Community legislation on this subject by or under rules are: 1 °. animal by-products, including processed products, within the meaning of Council Regulation (EC) no 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products not intended for human consumption and products and repealing Regulation (EC) no 1774/2002 (animal by-products regulation) (2009, Ojeu L 300), except those intended to be burned or landfilled or for use in a biogas or composting plant;
2 °. not by being slaughtered carcasses of dead animals, including animals killed to eradicate any epizootic disease and in accordance with the mentioned under 1 ° Regulation No 136/66/EEC. 1069/2009 be removed.
2 referred to in the first paragraph On the substances, preparations and articles is, as far as waste is concerned, the provisions in or under articles 15.33, 18.99 and 21.46, as well as the articles 2.4, third paragraph, and 2.22, 2.23, second paragraph, of the law environmental law, General provisions not apply.

Article 10.1 b [expired per 01-01-1994] article 10.2 1 it is prohibited to get rid itself of waste by this-in packaging-outside a facility to collapse, otherwise on or in the soil, or burning them.
2 by order in Council may, if the importance of the protection of the environment are not moving, for categories of cases that exempt from the prohibition referred to in paragraph 1.
(3) if application is given to the second paragraph, by order in Council in the interest of environmental protection rules with regard to the discard of waste referred to in paragraph 1.

Title 10.2. The waste management plan Article 10.3 the Minister shall, at least once in the six years a waste management plan.

Article 10.4 1 the waste management plan and in taking other measures for the prevention and management of waste uses our Minister as priority sequence the following waste hierarchy: a. Prevention;
b. preparing for re-use;
c. recycling;
d. other useful application, including energy recovery;
e. safe disposal.
2 the first paragraph shall apply mutatis mutandis with regard to the adoption of measures referred to in that paragraph by Executive Council and Mayor and aldermen.

Article 10.5, the waste management plan and in taking other measures for the prevention and management of waste: a. can, if necessary, for certain specific waste streams of the waste hierarchy referred to in article 10.4, be derogated from, if this, taking into account the entire life-cycle, in relation to the General effects of producing and managing such waste is justified;
b. keeps our Minister note that the importance of an effective waste management requires that the management on effective and efficient manner and effective supervision or customs controls on the management is possible.

Article 10.5 (a) [expired per 08-05-2002] article 10.6 in establishing waste management plan keeps our Minister shall take account of the existing national environmental policy plan.

Article 10.7 1 waste management plan contains the topics that under Netherlands binding acts adopted by the institutions of the European Union should be included in such a plan. The waste management plan met the by or under the waste framework directive in this regard, certain, including which by or under that directive concerning waste prevention programmes.
2 The waste management plan shall contain the waste prevention programmes referred to in article 29 of the waste framework directive, including the objectives and measures, aimed at decoupling of economic growth from the environmental impacts associated with the generation of waste. For monitoring and evaluation of the waste prevention programmes laid down in the objectives of the waste prevention measures contained therein can our Minister indicators.
3 the waste management plan shall also contain at least: (a) the main features of the policy for the implementation of this law with regard to the prevention or limit the generation of waste and waste management in the period of six years and, to the extent possible, in the next six years;
b. an elaboration of these main lines with respect to identified categories of waste or modes of waste management;
c. the capacity required for the identified methods of waste management in the period of six years and, to the extent possible, in the subsequent six years;

d. a description of the policy for the implementation of the EC Regulation shipments of waste in the relevant period of six years.

Article 10.8 1 our Minister sets the part of the waste management plan, referred to in article 10.7, second paragraph, point (a), after consulting with a body that can be considered representative for the county councils and with a body that can be considered representative for the local authorities.
2 the Minister presents the elements of the waste management plan, as referred to in article 6.6, paragraph 3 (b) and (c), in joint consultation with a body that can be considered representative for the county councils and with a body that can be considered representative for the local authorities.
3 our Minister involves the preparation of the waste management plan the most interested in the topics to other governing bodies, institutions and organizations.
4 our Minister may make arrangements with regard to the way in which the implementation of the provisions in the first to third member.

Article 10.9 1 relating to the preparation of the waste management plan is section 3.4 of the General Administrative Law Act apply.
2 the design of the waste management plan shall, simultaneously with the storage and display of it, presented to both houses of the States-General of the Netherlands.

Article 10.10 for the preparation of the waste management plan provide the governing bodies to the Minister, on request, all information and data about which they may have, as far as those for that preparation reasonably necessary.

Article 10.11 1 as soon as the waste management plan has been established, does the Minister inform by means of the waste management plan to the both chambers of the States General and by transmission to Executive Council of the Mayor and Councillors of the provinces and municipalities.
2 the Minister shall send the waste management plan also to the governing bodies, institutions and organizations, which, in accordance with article 10, paragraph 3, were involved in its preparation.

Article 10.12 1 waste management plan applies with effect from the day on which four weeks have elapsed from the day on which the adoption of the waste management plan is published in the Government Gazette. Our Minister may provide for the waste management plan, or parts thereof, first at a later date.
2 waste management plan applies, except where previously a new waste management plan has been established, for a period of six years. Our Minister may the period of validity of the waste management plan once for not more than two years.

Article 10.12 (a) [expired per 01-01-1994] article 10.12 b [expired per 01-01-1994] article 10.13 1 waste management plan can be changed.
2 in respect of an amendment of the waste management plan articles 10.4 to 10.11 and 10.12, paragraph 1 shall apply mutatis mutandis.

Article 10.14 1 Each governing body shall take account of the relevant waste management plan in the exercise of a power under this law, in so far as the jurisdiction is exercised with regard to waste.
2 as far as waste management plan does not provide for the subject in relation to which the power is exercised, the governing body shall take into account the preference order, indicated in article 10.4, and the criteria referred to in article 10.5, paragraph 1.
3 the first paragraph shall apply mutatis mutandis in the exercise of a power under the EC waste shipment regulation.

Title 10.3. Re-use, recycling and other recovery and prevention Article 10.15 [expired per 01-01-2012] article 10.16 [expired per 01-01-2012] article 10.16 a [expired per 01-01-2012] article 10.16 b [expired per 01-01-2012] article 10.16 c [expired per 01-01-2012] article 10.16 d [expired per 01-01-2012] article 10.17 [expired per 01-01-2012] article 10.18 [expired per 01-01-2012] article 10.19 [expired per 01-01-2012] article 10.20 [expired per 01-01-2012] Title 10.4. Managing household and other waste Article 11.89 1 the City Council and Mayor and Councillors wear, sometimes in collaboration with the City Council and Mayor and Councillors from other municipalities, ensure that at least once a week the household waste materials with the exception of gross household wastes are collected from each plot within its territory where such a regulated waste.
2 vegetable, fruit and garden waste will be collected in each individual case.
3 the City Council may decide on the separate collection of other components of household wastes.

Article 10.22 1 each municipality shall ensure: a. that grove household wastes are collected from each plot within its territory where such a waste, and b. that there is at least one place made available for this purpose within the municipality or within the municipalities with which cooperation, adequate opportunity grove household wastes.
2 In the interests of efficient management of gross household wastes may by order in Council provide that paragraph 1 shall continue to apply, in whole or in part, outside with respect to designated categories of measure at the grove household wastes, whether or not as far as this released into a quantity or a size, or a weight that is greater than the measure.

Article 10.22 a [expired per 08-05-2002] article 10.23 1 the municipality Council shall, in the interest of protecting the environment a waste regulation.
2 without prejudice to article 10.14 is in setting or change the regulation takes into account the municipal environmental policy plan, if an environmental policy plan in the municipality.
3 The waste regulation contains no rules as referred to in article 10.48.

Article 10.24 1 waste regulation contains at least rules about: a. the transfer or the collection offering household waste materials to a designated collection service by or under the regulation;
b. transferring such a waste to another;
c. leaving such a waste on an available place.
2 to the waste regulation may also rules about the collection of household waste.

Article 10.25 At the WS can at least rules: a. in order to avoid waste and litter in the environment or to ensure that this happens as little as possible;
b. about cleaning up waste that ended up as litter in the environment;
c. on the on a publicly visible place having waste.

Article 10.26 1 the City Council may, by way of derogation from article 11.89, in the interests of efficient management of household waste at the waste regulation provide that: a. household wastes are collected near each parcel;
b. household wastes are collected with a stated regularity;
c. in a part of the territory of the municipality no household wastes are collected;
d. that the constituents of the vegetable, fruit and garden waste are collected separately;
e. vegetable, fruit and garden waste with other specified items of household waste household waste is collected separately from the other.
2 the City Council in the preparation of such a decision involves the residents and stakeholders, in the manner provided for in the regulation adopted pursuant to article 150 of the municipal law.

Article 10.27, In the cases envisaged In article 10.26, first paragraph, (b) and (c), the City Council and Mayor and Councillors ensure that on at least one place made available for this purpose within the municipality or within the municipalities with which cooperation, adequate opportunity household wastes.

Article 10.28 1 by order in Council rules can be set with regard to the inclusion in the regulation of a liability components of household wastes to a place made available for this purpose.
2 to the measure can be indicated how the City Council and Mayor and Councillors ensure that places referred to in the first paragraph, within the municipality is sufficiently available.
3 at the measure can be determined that the articles 11.89, paragraph 1, and 24, paragraph 1, point (a) does not apply with respect to the collection of the items of household wastes, which are designated under paragraph 1.

Article 12.59 1 by order in Council can, in so far as it concerns cases where an effective management of household wastes over municipal matters, rules about the collection of this waste.
2 this may in any case include rules which mean that Mayor and aldermen to take measures for the collection of such waste or establish and maintain facilities for this purpose. If practicable on technically, environmentally and economically, the order in Council in order to facilitate recovery of waste or improve the obligation included indicate household wastes separated and not mixed with waste or materials that do not possess the same properties, raise funds.


Title 10.5. The discard, the collection and transport of waste water Article 12.59 (a) a governing body shall in the exercise of a power under this law, in so far as that power is exercised with regard to waste water, note that the importance of the protection of the environment requires that in the following order of preference: (a) the waste water is prevented or reduced;
b. pollution of waste water is prevented or reduced;
c. wastewater flows be kept separate, unless it not segregation has no adverse consequences for effective management of waste water;
d. domestic waste water and, as far as practical and cost-efficient, waste water that are collected and what biodegradability is concerned corresponding to a device as referred to in article 3.4 of the transported water law;
e. waste water other than those referred to in part d if necessary, retention or purification at the source, is reused;
f. other waste water than those referred to in part d locally, if necessary after retention or purification at the source, in the environment and g. other waste water than those referred to in part d to a facility referred to in article 3.4 of the water law.

Article 10:30 [expired per 25-04-2013] article 10.31 articles 11.89 to 12.59 and title 10.6 do not apply to bringing waste water and other waste in a provision for the collection and transport of waste water, the collection and transportation of waste water in such a provision and the issue of waste water from such a supply to a person who manages a zuiveringstechnisch work.

Article 10.32 by or pursuant to order in Council can in the interest of environmental protection rules with regard to bringing waste water and other waste in a provision for the collection and transport of waste water, other than from a device. In doing so, it may be provided that applicable rules only apply in doing so it indicated categories of cases. The articles 8.40 8.40, second paragraph, (a), third paragraph, first to 8.41, 8.42 and 8.42 b shall apply mutatis mutandis on the understanding that for «design» read: bringing waste water and other substances in a provision for the collection and transport of waste water, other than from a device.

Article 10.32 a 1 the municipality Council may, by regulation provide that: a. in bringing run-off rain water or raw water on or in the soil or in a provision for the collection and transport of waste water, complying with the rules laid down in that regulation, and b. bringing run-off rain water or groundwater in a provision for the collection and transportation of municipal waste water within a time period indicated in that regulation is ended.
2 of the possibility, referred to in paragraph 1, part b, does not use, if the one in whom run-off rain water, or ground water is released no other reasonable way of removing that water can be taken.

Article 10.33 1 the City Council or mayor and aldermen shall ensure the collection and transportation of municipal waste water that is released at the plots within the territory of the municipality, through a public dirty water drains to a facility referred to in article 3.4 of the water law.
2 instead of a public dirty water drains and a device as referred to in paragraph 1, separate systems or other appropriate systems managed by a municipality, waterboard or a legal person who by a municipality or to the managing water Board be applied, if it appears from the municipal sewage systems that plan with the same degree of protection of the environment is achieved.
3 at the request of Mayor and aldermen can Executive Council in the interest of protecting the environment, waive the requirement referred to in paragraph 1, for: (a) a part of the territory of a municipality, which is situated outside urban areas, and b. a built-up area from which urban waste water with a value of less than 2000 population equivalent of pollution is discharged.
4 the exemption referred to in paragraph 3 may, where the developments in the region for which the exemption is granted that it is necessary, by Executive Council be withdrawn. At the withdrawal deadline is in collection and transportation of municipal waste water.

Our Minister shall adopt rules on the article 10.34 design, build, customize and maintain the facilities for the collection and transportation of municipal waste water for the application of a treaty or a bound Netherlands for Netherlands for binding decision of an international organization.

Article 10.35 1 our Minister shall draw up every two years a report on the State of play is described, in which the collection and transportation of municipal waste water and the disposal of sludge that is entirely or mainly comes from the sewage treatment devices by a province, a municipality or a water board.
2 of the adoption of the report shall be notified in the Official Gazette.
3 by or pursuant to order in Council can rules with regard to the application of paragraph 1. These rules may include the obligation for mayor and Councillors annually on a specified information, which are necessary for drawing up the report.

Title 10.6. The management of industrial wastes and hazardous waste section 10.6.1. The issuance and receipt of industrial wastes and hazardous waste Article 10.36 for the purposes of this title, shall be treated as domestic waste collected or issued industrial wastes.

Article 10.36 a [expired per 08-05-2002] article 10.36 b [expired per 08-05-2002] article 10.37 1 it is prohibited to itself by issuing another of industrial waste substances or hazardous waste to get rid.
2 the prohibition shall not apply where industrial wastes or hazardous waste shall be issued to a person: a. under article 10.45 or 10.48 to collect the waste in question;
b. authorised the waste in question is useful to apply or delete: 1 °. under Chapter 8 or on the basis of an environmental permit;
2 °. on the basis of a granted under article 10.2, second paragraph, exemption or a derogation provided under article 10.63, paragraph 1 or 2, of the prohibition referred to in article 10.2, first paragraph;
3 °. pursuant to article 10.52;
4 °. on the basis of a third member, granted pursuant to article 13.04, exemption or a derogation provided under article 10.63, paragraph 2, of the prohibition referred to in article 13.04, first paragraph;
c. under article 10.50 is exempt from the obligations laid down in or by virtue of articles 10.38 to 10.40, 10.45, 12.99 and 10.48;
d. that, on the basis of an authorisation granted under the water law is competent to discharge the waste in question, or on board a vessel or aircraft shall inform the purpose to discharge them;
e. competent waste under the water law of the nature and composition in surface waters;
f. who is located in a country other than the Netherlands, and that in accordance with the EC waste shipment regulation and title 10.7 that waste to that country;
g. jurisdiction under article 10.55 the waste in question to transport or trade.

Article 10.38 1 the one ranging from industrial wastes or hazardous waste discarded by this issue to a person referred to in article 10.37, second paragraph, (a) to (f), records relating to such a release: a. the date of issue;
b. the name and address of the person to whom the waste is issued;
c. the common name and the amount of this waste;
(d) the place where and the manner in which the waste substances are issued;
e. the proposed method of management of the waste;
f. in the event of the issuance shall be made by another who command has to transport the waste to the person for whom these are intended: his name and address and the name and address of the person in whose command the transport shall be carried out.
2 the registered information is kept for at least five years and during that period by the waste holder kept available for those who are responsible for monitoring whether the customs controls on the observance of the law and of previous waste holders.
3 A person referred to in article 10.37, second paragraph, (a) or (b), which developed from industrial wastes or hazardous waste discarded by this issue to another person, such reports with respect to such a issue the data referred to in the first paragraph to a to designate authority by the Minister.

Article 10.39 1 the one ranging from industrial wastes or hazardous waste disposed by issuance to a person referred to in article 10.37, second paragraph, (a) to (e), provided: a. a description of nature to this person, properties and composition of this waste;
b. to the person who has command to transport the waste to that person, a guidance letter.
2 the guidance letter shall contain at least the in the first paragraph, under (a), and the information referred to in article 10.38, first paragraph.

Article 10.40


1 A person referred to in article 10.37, second paragraph, (a) or (b), to which industrial wastes or hazardous waste be issued, reports regarding such a issue, to a to designate authority by the Minister: (a) the date of issue;
b. the name and address of the person from whom the waste;
c. the customary name and quantity of the waste;
(d) the place where and the manner in which the waste substances are issued;
e. how the waste recovered or removed;
f. in the event of the issuance shall be made by another who had to transport the waste to him: his name and address and the name and address of the person in whose command the transport shall be carried out.
2 it is a person referred to in the first paragraph prohibited industrial wastes or hazardous waste to accept it without him a description and a guidance letter as referred to in article 10.39, paragraph 1 (a) and (b) are provided.
3 at the request of Executive Council of a province or mayor and aldermen of a municipality, which has the jurisdiction over the authority, the information referred to in the first paragraph, to Executive Council or mayor and aldermen.

Article 1 The obligation laid down in article 10.38 10.40 (a) the issue of waste to register or sign in, does not apply to the one that gets rid of at order in Council designated waste from ships.
2 the one that came with order in Council designated waste from ships received, confirms this receipt on an order in Council to give way on a form established in accordance with article 10.1 of the water law.

Article 12.69 1 under or pursuant to order in Council are rules with regard to how to articles 10.38 to 10.40 implementation.
2 by order in Council determines whether the message referred to in articles 10.38, third paragraph, and 10.40, prior to the issuance or receipt of waste takes place or afterwards. In addition, a distinction can be made to category of waste.

Article 10.42 1 under or pursuant to order in Council can to persons referred to in article 10.38, first paragraph, the obligation to report the information referred to in that article to a to designate authority by the Minister.
2 The articles 10.40, third paragraph, and 12.69 shall apply mutatis mutandis.

Article 10.43 1 can under or pursuant to order in Council with respect to industrial wastes and hazardous waste categories of cases are designated for which obligations referred to in articles 10.38 to 10.40 do not apply.
2 if application is given to the first paragraph, is by or under the order in Council to persons referred to in article 10.40, first paragraph, the obligation imposed the data referred to in the provisions in question to register on a indicate manner.

Article 10.43 a [expired per 08-05-2002] § 10.6.2. The transport of industrial wastes and hazardous waste Article 10.44 1 the one that transports substances or hazardous waste, industrial waste is required as long as he who has waste, a guidance letter as referred to in article 10.39 at which waste is present.
2 he gives, if another takes delivery of the waste, the guidance letter to that person, at that.
3 by or pursuant to order in Council are rules with regard to the way in which the obligations referred to in paragraphs 1 and 2, executed. Also can be designated categories of cases for which such obligations do not apply.

Article 10.44 a [expired per 08-05-2002] article 10.44 b [expired per 08-05-2002] article 10.44 c [expired per 08-05-2002] article 10.44 d [expired per 08-05-2002] article 10.44 e [expired per 08-05-2002] § 10.6.3. The collection of industrial waste substances and hazardous waste Article 10.45 1 it is forbidden to raise industrial wastes or hazardous waste: a. without mention on a list of collectors, or b. where the waste to the designated under article 10.48 categories, without authorization of the Minister.
2 by order in Council may, if the importance of the protection of the environment are not moving, for categories of cases that exempt from the prohibition referred to in paragraph 1.
3 our Minister designate a body acting on behalf of him takes care of the mention of collectors on the list referred to in the first paragraph of collectors.
4 On indication of Our Minister is the mention of a collector on the list ended.
5 our Minister shall adopt rules regarding the criteria for entry on the list, and termination.

Article 12.99 1 by order in Council in the interests of effective management of industrial wastes or hazardous waste rules about the collection of this waste, whether or not submitted by persons belonging to a category designated by or under that measure.
2 to the rules include: a. rules as to how a collector joined the body designated under article 10:45, paragraph 3, reports and data that are submitted;
b. rules containing the obligation to report a change in the information in the notification submitted;
c. rules on the access to each of the data submitted in the notification, as well as of an amendment referred to in (b);
d. rules containing the obligation that the collectors during the collection indicate modest present, showing that he is listed on the list of collectors.
3 to the rules can be determined that the entry on the list of collectors is restricted to a specified term.

Article 12.19 1 by order in Council can, in the interests of effective management of industrial wastes or hazardous waste rules about the collection of this waste.
2 this may in any case include rules which mean that: a. Mayor and Councillors or Executive Council for the collection of such waste measures or to establish and maintain facilities for this purpose;
b. identified categories of industrial waste substances or hazardous waste are collected, separated, issued separately.
(3) if practicable on technically, environmentally and economically, the order in Council in order to facilitate recovery of waste or improve the obligation included in specified industrial wastes separated and not mixed with waste or materials that do not possess the same properties, raise funds.
4 to the measure indicates the period within which the rules should be carried out by the appropriate governing bodies.

Article 10.48 1 by order in Council can, in the interests of effective management of industrial wastes or hazardous waste are determined that for the collection of identified categories of waste such a permit by the Minister is required.
2 for activities relating to establishments or under articles 2.8, 2.14, 2.20, 2.22, 2.23, 2.25, 2.26, third and fourth member, 2.29, 2.30, 2.31, paragraph 1 (a) and (b) and paragraph 2 (b), 2.33, first paragraph, (a) to (d), and paragraph 2 (a), (b) and (d) 3.2, 3.10, 3.12, 3.13, 3.15 and 4.1 of the law environmental law certain general provisions shall apply mutatis mutandis relating to the grant change, refuse, and revoking a permit as referred to in paragraph 1, provided that for the purposes of articles referred to the importance of the protection of the environment is limited to the importance of an effective waste management.
3 our Minister may in the interest of an effective waste management the set prices, which at least or at most will be charged upon receipt of waste by the holder of an authorisation provided for in paragraph 1.

Article 10.49 1 The authorization referred to in article 11.02, paragraph 1, to connect rules could in any event include: a. that in identified categories of cases waste should not be collected without a separate consent of the Minister;
b. the obligation, waste identified, when they are offered to the collector, receiving it;
c. the obligation identified categories of waste which are separated, separately issued to raise funds;
d. the obligation, waste identified, when they are offered to the collector, to pick up;
e. the obligation to deliver waste to identified persons.
2 a permit is valid only for the person to whom it is given. This shall ensure that the connected to the authorization rules are respected.

§ 10.6.4. Further provisions concerning the management of industrial wastes and hazardous waste Article 10.50


1 the Minister may, if for the management of the substances, mixtures or articles to take this in an obligation referred to in article 9.5.2 or equivalent voluntary intake, a ministerial order categories of cases on which the obligations laid down in or by virtue of articles 10.38 to 10.40, 10.45, 12.99 and 10.48 do not apply.
2 If a ministerial order referred to in paragraph 1 includes the obligation to indicate the registration of data on a indicate manner.

Article 12.01 1 by order in Council can, in the interests of effective management of industrial wastes or hazardous waste rules regarding the discard outside an establishment from the measure designated categories of industrial waste substances or hazardous waste.
2 to the measure can at least rules, alleging the obligation: a. to separate waste and that of other substances and waste – separated;
b. in the event of issue to another, which waste separated.

Article 10.52 1 by order in Council can in the interest of protecting the environment rules on the management of the measure designated categories of industrial wastes.
2 to the measure can at least rules, alleging a ban on the measure designated categories of industrial waste substances outside a device useful to apply or remove without authorization of the governing body that to do so by the measure is appropriate.
3 at the measure may be imposed the obligation to meet further requirements with respect to this indicated topics. When the measure is the governing body designated, that those requirements.

10.24 The article for activities relating to establishments or under articles 2.8, 2.14, 2.20, 2.22, 2.23, 2.25, 2.26, third and fourth member, 2.29, 2.30, 2.31, paragraph 1 (a) and (b) and paragraph 2 (b), 2.33, first paragraph, (a) to (d), and paragraph 2 (a), (b) and (d) 3.2, 3.10, 3.12, 3.13, 3.15 and 4.1 of the law environmental law certain general provisions shall apply mutatis mutandis relating to the grant , reject, change, and withdrawal of an authorisation provided for in article 10.52, second paragraph.

Article 13.04 1 hazardous waste are prohibited outside a device useful to apply or remove.
2 The prohibition shall not apply to acts that to the person who collects hazardous waste, expressly permitted under article 12.19, 10.48 or 10.54 a, paragraph 2.
3. Article 10.2, second paragraph, shall apply mutatis mutandis.

Article 13.04 a 1 it is prohibited to mix hazardous waste, including diluting, a ministerial order with other designated categories of hazardous waste or with other waste, substances or a ministerial order designated materials.
2 the prohibition referred to in paragraph 1, does not apply as far as mixing hazardous waste is permitted under an environmental licence.
3 our Minister a ministerial order determines the cases in which hazardous waste that are in conflict with paragraph are mixed, should be separated.

Article 10.55 1 it is prohibited: a. industrial wastes or hazardous waste to others for a fee to transport, b. industrial wastes or hazardous waste trade, c. to mediate on behalf of others in the management of industrial waste substances or hazardous waste, without mentioning respectively as carrier, dealer or mediator on the list of carriers, dealers and intermediaries.
2 the prohibition referred to in paragraph (a) does not apply to the one who is competent under article 10.45 to raising industrial wastes or hazardous waste.
3 our Minister designate a body acting on behalf of him takes care for the mention of carriers, dealers and intermediaries on the list referred to in paragraph 1.
4 the Minister shall adopt detailed rules on the indication of carriers, traders and mediators on the list referred to in paragraph 1. In any case, these rules contain criteria for entry on the list and for termination.
5 a carrier, dealer or mediator referred to in the first paragraph, records relating to the activities referred to in paragraph 1, the following information: a. the name and address of the person: 1 ° whose waste, 2 ° to whom the waste is issued;
(b) the common name and the quantity of the waste.
6 article 10.38, second paragraph, shall apply mutatis mutandis.
7 the Minister lays down rules to the effect that a carrier obligation as referred to in paragraph 1 during transporting indicate modest present, showing that he is listed on the list of carriers.

Title 10.7. The transfer of waste within, into and out of the European Community Article 10.56 1 our Minister shall adopt rules for the application of article 6 of the EC Regulation shipments of waste.
2 to implement other articles than the article mentioned in the first paragraph of the EC Regulation shipments of waste can our Minister rules.

Article 12.89 At order in Council may provide for titles II and VII of the EC waste shipment regulation shall apply mutatis mutandis with regard to shipments of waste within Netherlands.

Article 10.58 our Minister is the competent authority referred to in article 53 of the EC Regulation shipments of waste.

Article 12.95 On a notification referred to in the EC waste shipment regulation is article 4:15 of the General Administrative Law Act does not apply.

Article 10.60 1 waste are prohibited substances covered by the EC waste shipment regulation applies, within or outside of Dutch territory, if the planned shipment, recovery or disposal, in the opinion of the Minister would be contrary to the interests of the protection of the environment.
2 it is forbidden acts referred to in article 2 of the EC regulation 35, shipments of waste.
3 it is forbidden to act contrary to article 49, paragraph 1, of the EC Regulation shipments of waste.
4 it is forbidden to violate the requirements provided for in articles 35, paragraph 5, 37, fourth paragraph, or 38, paragraph 6, of the EC Regulation shipments of waste.
5 it is forbidden to carry out a shipment of waste if action is in violation of a regulation at: a. Article 13, second paragraph, point (c), 15, 16, under a, b, c, d, or first or second sentence, 18, paragraph 1 or 2, or 19 of the EC Regulation shipments of waste;
b. Article 35, paragraph 1, paragraph 42, paragraph 38, 44, 45, in connection with paragraph 42, paragraph 1, in connection with paragraph 47, 46, 42, paragraph 1, or 48, paragraph 1, in connection with 47 and 42, paragraph 1, of the EC waste shipment regulation, each time in connection with one or more of the provisions referred to in (a);
c. Article 55, last sentence, of the EC Regulation shipments of waste.
6 it is forbidden to carry out a shipment of waste if action is in breach of a condition under: a. Article 10, paragraph 1 or 2, or 13, paragraph 3, of the EC Regulation shipments of waste;
b. Article 35, paragraph 1, paragraph 42, paragraph 38, 44, 45, in connection with paragraph 42, paragraph 1, in connection with paragraph 47, 46, 42, paragraph 1, or 48, paragraph 1, in connection with 47 and 42, paragraph 1, of the EC waste shipment regulation, each time in connection with one or more of the provisions referred to in (a).
7 it is forbidden to carry out a shipment of waste if action is in violation of a regulation at: a. Article 15, under d or e, last sentence, 16, last sentence, or (c), (e), or 20 of the EC Regulation shipments of waste;
b. Article 35, paragraph 1, paragraph 42, paragraph 38, 44, 45, in connection with paragraph 42, paragraph 1, in connection with paragraph 47, 46, 42, paragraph 1, or 48, paragraph 1, in connection with 47 and 42, paragraph 1, of the EC waste shipment regulation, each time in connection with one or more of the provisions referred to in (a);
c. Article 35, paragraph 3, point (c), 38, paragraph 3, point (b), 42, paragraph 3, point (c), 44, paragraph 3, in connection with 42, paragraph 3, point (c), 45 in connection with article 42, paragraph 3, point (c), 42, in connection with paragraph 47, 48, first paragraph, point (c) in connection with 47 and 42, paragraph 3, point (c), or 48 , second paragraph, introductory wording, in connection with 44, paragraph 3, and 42, paragraph 3, point (c) of the EC Regulation shipments of waste.

Title 10.8. Further provisions article 10.61 1 by order in Council may, where necessary in the interests of an effective waste management is necessary, rules relating to the inclusion in the regulation of waste rules referred to in articles 11.89, 10.24, 10.25 and 10.26.
2 to a measure referred to in the first paragraph specifies the period within which and the manner in which those rules, if necessary, must be included in the regulation.

Article 12.99 [expired per 01-10-2012] article 10.63


1 Mayor and aldermen can, if the importance of the protection of the environment are not moving, grant a derogation from the prohibition laid down in article 10.2, first paragraph, in order to get rid of waste by burning this outside an establishment, other than hazardous waste. On the exemption referred to in the preceding sentence, is paragraph 4.1.3.3 of the General Administrative Law Act apply.
2 Executive Council can, if the importance of the protection of the environment are not moving, grant a derogation from the prohibition laid down in article 10.2, first paragraph, in order to get rid of waste to landfill by this outside an establishment or otherwise on or in the soil, provided it no hazardous waste, and, where the importance of an effective waste management are not resistance , grant a derogation from the articles in 10.37 and 10.54 asked prohibited.
3 the Minister may, where the importance of an effective waste management are not moving, grant a derogation from the provisions of an order in Council under articles 10.28, 10.29, 12.19, 12.01 and, if the importance of the protection of the environment are not moving, by 10.52, to the provisions by or pursuant to an order in Council under articles 12.69 , first and second paragraph, 10.42, first paragraph, 10.43, first paragraph, the third member, and 10.44 10.46, paragraph 1, as well as the provisions of articles 10.23, third paragraph, and 10.48.

Article 12.39 1 for activities relating to establishments or under articles 2.8, 2.14, 2.20, 2.22, 2.23, 2.25, 2.26, third and fourth member, 2.29, 2.30, 2.31, paragraph 1 (a) and (b) and paragraph 2 (b), 2.33, first paragraph, (a) to (d), and paragraph 2 (a), (b) and (d) 3.2, 3.10, 3.12, 3.13 , 3.15 and 4.1 of the law environmental law certain general provisions shall apply mutatis mutandis with respect to the grant, refusal, change, and withdrawal of an exemption referred to in article 10.63, except that – except in respect of an exemption from the first paragraph, and in article 10.2, article 13.04, first paragraph, asked, for that application prohibited – the importance of the protection of the environment is limited to the importance of effective management of the relevant category of waste.
2 by way of derogation from the first paragraph is section 3.4 of the General Administrative Law Act do not apply to an exemption referred to in article 10.63, first paragraph.
Chapter 11. Sound Title 11.1. General article 11.1 1 In this chapter and the provisions based thereupon: Administrator: administrator of the road or railway;
beheersverordening: Regulation referred to in article 3.38, first paragraph, of the law spatial planning;
Zoning: zoning plan referred to in article 3.1 of the law spatial planning;
binnenwaarde: binnenwaarde referred to in article 11.2;
source data: a ministerial order as such appropriate data required for the determination of the sound production and noise because of a road or railway;
noise control measure: a ministerial order preferred measure that the sound production because of a road or railway limited, with the exception of a measure on the use of the road or railway;
sound ceiling map: map showing the roads and railways, as well as the projected roads and railways, on which title 11.3 and the-based provisions apply;
sound plan: plan referred to in article 6, paragraph 5, of the Spoedwet road widening;
sound production: sound value because of a road or railway in Lden;
geluidproductie ceiling: allowed sound production;
noise: noise in Lden;
noise exposure Lnight: noise of a place and because of a source on all periods of 23.00 – 7 am by a year as defined in annex I, part 2, of Directive 74/60/EEC. 2002/49/EC of the European Parliament and of the Council of the European Union of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189);
sound sensitive object: order in Council designated as such building or area that needs special protection against sound because of the destination thereof, with regard to the destination based on the use that is permitted under the zoning plan referred to in article 3.1 of the law spatial planning, an area development plan referred to in article 3.99 or 3.28 of the law including , the beheersverordening referred to in article 3.38 of that law, or, if in application of article 2.12, first paragraph, of the law environmental law general provisions of the zoning plan or deviated from the beheersverordening, the area permit referred to in article 1.1, first paragraph, of the latter law;
noise-sensitive area: when order in Council designated as such space of a sound sensitive object;
sound proof measure: measure on a sound sensitive object that the noise within the noise-sensitive areas of that object;
projected road or railway: not yet road or railway, in the construction of which is provided by an applicable land use plan, route, or wegaanpassingsbesluit referred to in the decision Spoedwet road widening, or by an environmental permit which, pursuant to article 2.12, first paragraph, under (a), 3 °, of the law environmental law general provisions of the zoning plan deviation;
main railway: the railway law designated pursuant to article 2 of main railway;
Lden: size to determine the noise or any other sound value in one place and because of a source on all periods from 7 am – 7 pm, from 19:00 – 23:00 and 23:00 – 07:00 a year as defined in annex I, part 1, to Directive 74/60/EEC. 2002/49/EC of the European Parliament and of the Council of the European Union of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189);
maximum value: maximum permissible value of the noise referred to in article 11.2;
reorganisation measure: noise control measure of any other appropriate measure as such;
reorganisation object: object as referred to in article 11.57;
Railroad: Railroad as referred to in article 1 of the railway law;
route: route decision as referred to in the decision Tracéwet;
collection of devices: a. devices on a industrial estate as referred to in article 1 of the noise Law;
b. establishments designated by order in Council, which are located within a marked area;
preference value: preference value noise, referred to in article 11.2;
Road: for public driving or other traffic therein lying open road, including bridges or viaducts;
Caravan pitch: pitch as referred to in article 1, paragraph 1 (e) of the housing law.
2 for the purposes of this chapter the under or pursuant to certain is: a. land use plan: area development plan referred to in article 3.99 or article 3.28 of the law spatial planning;
b. sound sensitive object: not yet present sound sensitive object that has a valid zoning provision of an environmental permit for a building activity as referred to in article 2.1, paragraph 1 (a) of the General provisions Law environmental law allows, regardless of whether this license already issued, or for which such a derogation of the zoning plan with environmental permit is issued;
c. Road, railway or main railway: part of a road, railway or main railway.

Article 11.2 1 for the purposes of this chapter and the provisions based thereupon the preferred values in the table below, maximum values and binnenwaarden, in dB.
Table binnenwaarden values, maximum values and preference preference value maximum value binnenwaarde A binnenwaarde B roads railways 50 65 36 41 55 70 36 41 2 the preference values and the maximum values relate to the noise of noise-sensitive objects.
Binnenwaarde 3 (A) applies to noise-sensitive areas of: a. noise-sensitive objects, as far as these are located along: 1 °. roads which are put into service on or after 1 January 1982;
2 °. railways in use have been taken on or after 1 July 1987;
b. noise-sensitive objects along other roads or railways, if a building permit for the construction of those objects is issued after 1 January 1982.
4 Binnenwaarde B applies to noise-sensitive areas of noise-sensitive objects other than those referred to in paragraph 3.

Article 11.3 1 under or pursuant to order in Council are requirements with respect to the acoustic quality of roads managed by the Empire and main roads.
2 the administrator shall ensure that a road or railway that is being constructed or replaced, at least meets these requirements, unless serious inconvenience of a technical nature are opposed.
3 the Minister shall review the requirements in 2017 and then at least once in five years.

Title 11.2. Noise maps and action plans § 11.2.1. General article 11.4 1 provincial reporting before 1 april 2015 and then every five years before 1 april to the Minister: a. on which parts of provincial roads is expected in the following calendar year more than three million times a motor vehicle will pass;
b. on what parts of other railways than main roads is expected in the following calendar year more than 30 000 times a train will pass.
2 the Minister shall produce by 30 June 2015 and then every five years before 30 June in the Government Gazette which parts of roads and railways in accordance with the first paragraph have been reported.

Article 11.5


The Minister designates by 30 June 2015 and then every five years before 30 June as agglomeration to urban areas with at least 100 000 inhabitants.

§ 11.2.2. Noise maps Article 11.6 1 our Minister shall draw up noise maps for roads managed by the Empire and main roads.
2 make noise maps for the provincial Executive in accordance with article 11.4, second paragraph, published parts of roads and railways.
3 The noise maps relate to: (a) the noise level and noise Lnight of noise-sensitive objects because of the roads and railways;
b. the order in Council or in accordance with the measure as quiet areas designated categories of areas that are situated in the vicinity of roads and railways as referred to in point (a). 4 Mayor and Councillors of communes belonging to designated under article 11.5 agglomerations, noise maps which cover the noise and the noise exposure Lnight because of: a. roads , including railways that are part of a road;
b. railways that are not part of a road;
c. airports referred to in article 1.1, first paragraph, of the Aviation Act;
d. the Schiphol airport referred to in Chapter 8 of the Aviation Act;
e. devices or sets of devices.
5 The noise maps give at least a display of: a. the noise and the noise exposure Lnight caused by the Member in the first, second or fourth sound sources referred to in the calendar year prior to that of the determination of the noise map;
b. the number of noise-sensitive objects and residents of homes that meet certain values of the noise and the noise exposure Lnight be exposed.
6 by order in Council be further rules regarding the content, design and equipment of noise maps, which rules can be different for roads and railways as referred to in paragraphs 1 and 2 and agglomerations.
7 setting the noise maps shall be carried out at least every five years before 30 June, as from 2012.

Article 11.7 1 in making a determination regarding the existence of a noise map referred to in article 11.6, first and second paragraph, providing Mayor and aldermen to the Minister or Executive Council, at their request, all information and data about which they may have, as far as that for the preparation of that card are necessary.
2 in making a determination regarding the existence of a noise map referred to in article 11.6, fourth paragraph, providing our Minister, Executive Council and Mayor and Councillors to Mayor and aldermen at their request, all relevant information and data which they may have, as far as that for the preparation of that card are necessary. On such a request, our Minister of Defense the contours maps, referred to in article 10.23 of the Aviation Act.
3 by or pursuant to order in Council can further rules on the information to be provided and data, including the way in which and the period within which or the date for which the provided.

Article 11.8 1 for the purpose of determining the noise and the noise exposure Lnight for road, railway, establishment or a collection of devices shall be in control of our Minister rules.
2 for the purpose of determining the noise and the noise exposure Lnight because of an airport may, by arrangement of our Minister Our Minister of defense in accordance with rules.

Article 11.9 1 Within one month after the adoption of a noise map referred to in article 11.6, first, second and fourth member, Our Minister, give gedeputeerde staten, or mayor and aldermen this down knowledge in one or more day, news, or House-to-House sheets, or other appropriate means. Hereby they give, how knowledge can be got from the content of the noise map.
2 The governing bodies referred to in the first paragraph: a. notify the noise map for every available by electronic means;
b. join the noise map an overview of the main points of that card.
3 send within one month of adopting provincial executive or mayor and aldermen the noise map by electronic means to the Minister.
4 At settlement of the Minister may be asked about the way in which the noise map at the disposal of our Minister.

Article 11.10 1 if Executive Council not or not timely comply with any obligation referred to in article 11.6, second paragraph, article 121 of the provincial law shall apply mutatis mutandis on the understanding that Our Minister in replace of our Minister of the Interior and Kingdom relations.
Mayor and Councillors 2 if not or not timely comply with any obligation referred to in article 11.6, fourth paragraph, article 124 of the municipal law shall apply mutatis mutandis on the understanding that our Minister shall replace gedeputeerde staten.

§ 11.2.3. Action plans Article 11.11 1 our Minister shall adopt, before 18 July 2013 on the basis of the noise maps referred to in article 11.6, first paragraph, an action plan regarding the roads managed by the Empire and main roads. If there is a significant development that affects the geluidhinder situation, and in addition at least every five years after the adoption, the action plan again considered and, if necessary, adjusted.
2 an action plan contains at least a description of: a. the policy to be pursued to noise and the noise exposure Lnight limit, and (b) the proposed measures to be taken in the next five years to crossing in accordance with order in Council to determine values of the noise or the noise exposure Lnight avoid or undo and the likely effects of such measures.
3 the action plan takes into account the results of the assessment referred to in article 11.3, paragraph 3.
4 In the action plan the extent to which it is geluidproductie to the ceilings for roads and railways to adapt to developments related to the source policy.
5 the action plan also includes: a. an overview of the current overrun decisions, referred to in article 11.49;
b. a description of the developments in relation to the source policy and other relevant developments that may affect one or more of the current overrun decisions;
c. a statement of reasons or the developments referred to in subparagraph (b) give rise to the withdrawal or change one or more of the current overrun decisions;
(d) the planning of the rehabilitation for the next five years.

Article 11.12 1 Executive Council before 18 July 2013 on the basis of the noise maps referred to in article 11, paragraph 2, an action plan with regard to the second paragraph, pursuant to article 11.4, published parts of roads and railways. If there is a significant development that affects the geluidhinder situation, and in addition at least every five years after the adoption, the action plan again considered and, if necessary, adjusted.
2 the first paragraph shall apply mutatis mutandis to the Mayor and aldermen of municipalities belonging to designated under article 11.5 agglomerations, it being understood that the action plan refers in article 11.6, fourth paragraph, sound sources referred to.
3 article 11.11, second paragraph, shall apply mutatis mutandis.

Article 11.13 1 under or pursuant to order in Council be further rules regarding the content, design and establishment of action plans. These rules can be different for roads and railways as referred to in article 11.6, first and second paragraph, and urban areas.
2 an action plan on a road is not fixed, then after that consultation is lined with the administrator of that road and the responsible for the source policy.

Article 11.14 1 an action plan is being prepared with analogous application of the General Administrative Law Act in section 3.4 of the regular procedure, with the understanding that by way of derogation from article 3:15 of the General Administrative Law Act, each one can bring forward views.
Mayor and Councillors 2 set an action plan not fixed until after the City Council sent a draft of the action plan and this has been allowed the opportunity his wishes and views to the attention of Mayor and aldermen.

Article 11.15 Article 7.4 shall apply mutatis mutandis to the establishment of action plans.

§ 11.2.4. Information to another Member State of the European Union Article 11.16 1 our Minister, Executive Council and Mayor and aldermen shall, upon the request of a competent authority of one of the Member States of the European Union all information and data about which they may have, as far as that for creating a noise map in the relevant Member State. On such a request, our Minister of Defense the contours maps, referred to in article 10.23 of the Aviation Act.
2. Article 11.7, paragraph 3, shall apply mutatis mutandis.

Title 11.3. Roads and railways with geluidproductie ceilings Section 11.3.1. General article 11.17


1 this title shall apply to the roads in the management of the Empire and the main roads, as well as the roads in the management of the Empire and main roads, which are marked on the sound ceiling map.
2 on the sound ceiling map may be other roads and railways, as well as to build roads and railways, are indicated, on which this title applies.

Article 11.18 1 The sound ceiling map is in control of our Minister.
2 the Minister shall inform the sound ceiling map for every available by electronic means.

Article 11.19 1 on either side of a road or railway or a projected road or railway are reference points.
2 On each reference point is a geluidproductie ceiling: a. that is established in application of article 11.45;
b. that has been established on the basis of article 11.27, or c. that changed according to article 14.01.
3 In special cases are the reference points located along a set of roads or roads or along a set of projected railways or projected railways. For the purposes of title 11.3 is under way or railway or projected road or railway projected such a set of projected roads or railways or not understood.
4 for the purposes of this chapter, a geluidproductie ceiling as referred to in paragraph (a) or (b), include a ceiling that is contained in a geluidproductie route wegaanpassingsbesluit, a decision as referred to in article 5 of the Spoedwet road widening, or a sound plan.

Section 11.3.2. Compliance and registration of geluidproductie ceilings § 11.3.2.1. Compliance with the geluidproductie ceilings Article 11.20 the administrator shall ensure compliance with the ceilings geluidproductie.

Article 11.21 a measure that the transmission of noise because of a road or railway limited, geluidproductie, in respect of compliance with the ceilings in the contemplation involved, if it is included in the sound registry. The administrator can do a request referred to in article 13.99, second paragraph.

Article November 22 1 the administrator shall forward to 1 October of the calendar year, following the first calendar year in which this chapter applies throughout the year, and then each calendar year for 1 October, to the Minister a report on compliance with the geluidproductie ceilings in the previous calendar year.
2 our Minister, the report, accompanied by his findings, for each available by electronic means.
3 by or pursuant to order in Council rules are set with regard to the data that the report contains at least.
4 to the data referred to in the third paragraph belong in each case: (a) a comparison of the height of the calculated sound production on the reference points to the prevailing geluidproductie ceilings;
b. an overview of the way-or sections where the calculated sound production on one or more reference points 0.5 dB or less under the geluidproductie ceiling is applicable;
(c) a justification of the validation of the calculated values for the reference points, which in any case the validation takes place by means of random measurements by an independent party.
5 our Minister shall adopt detailed rules as to how the sound production, referred to in paragraph 4, is calculated.

Article 11.23 1 article 11.20 does not apply with respect to geluidproductie ceilings for a railway, which were in application of article 11.45, for which by the administrator at the request of a beneficiary referred to in article 57 of the railway law additional capacity is divided, if: a. on those railway on one or more days in the calendar year prior to 1 July 2012 one or more freight trains have driven between 23.00 and 07.00 hours , and b. the calculated sound production on the railway located along that reference points including the additional transport capacity does not exceed 60 dB, and c. there along those railway no transfer measures.
2 this exemption is once for a term of four years as of the calendar year in which the additional capacity is divided. The exemption applies only to the reference points for which the geluidproductie ceilings have not been modified since 1 July 2012.
3 a modification of a geluidproductie ceiling under article 11.28, fourth paragraph, for the purposes of the second paragraph.
4 the Administrator reports to the Minister without delay and motivated that: a. having made a request as referred to in paragraph 1;
b. thereby an overrun occurs by one or more geluidproductie ceilings along the indicated line section;
c. the conditions laid down in this article.
5 our Minister does communication from the exemption in the Government Gazette. The notice shall specify at least the calendar years for which the exemption applies, as well as a geographical description of the section on which the exemption is for.

Article 11.24 1 the Minister may, on the application of the administrator in connection with special circumstances for a period of not more than five years, grant a derogation from the obligation to comply with a geluidproductie ceiling.
2 the Minister will make his decision within four weeks after receipt of the application. Paragraph 4.1.3.3 of the General Administrative Law Act applies.
3 our Minister may connect to the exemption provisions with respect to: a. the degree and duration of the exceedance of the geluidproductie ceiling;
b. the adoption of sound proof measures on the facade of a noise-sensitive object, in case the exemption may lead to exceeding the binnenwaarde for the sound sensitive object with more than 5 dB.
4 under or pursuant to order in Council rules are set with regard to the data associated with the application are provided.
5 our Minister may the requirements which are attached to the exemption, change or revoke the exemption, in whole or in part, if changed circumstances.
6 the Minister does communication from the exemption in the Government Gazette. The notice shall specify at least the calendar years for which the exemption applies, as well as a geographical description of the section or road section on which the exemption is for.
7 articles 11.37 hrs., and 13.94 shall apply mutatis mutandis.

§ 11.3.2.2. The sound registry Article 11.25 1 there is a sound public registry that contains information related to the current geluidproductie ceilings.
2 as far as in article 11.46, second paragraph, not otherwise provided for, the data in the register on the day of the publication of the decision fixing or modification of a geluidproductie ceiling or to grant an exemption or modification of or on the day on which communication is done by an exemption.
3 to include at least the data for each geluidproductie ceiling: a. the last decision in which the geluidproductie ceiling is adopted or amended;
b. the location of the reference points;
c. the source data;
d. if applicable: 1 °. the communication referred to in article 11.36 and article 11.63, paragraph 3;
2 °. a fifth member, published under article 11.23, exemption;
3 °. a granted exemption under article 11.24, paragraph 1.
4 In the sound register is registered for which roads and railways a reorganisation plan has been established.
5 If the operation of a decision to reduce the geluidproductie ceiling is suspended under section 14.39, paragraph 3, contains the sound by way of derogation from the third paragraph in the source register data with regard to the geluidproductie ceiling included in that decision.
6 the registry is managed by Our Minister of transport.
7 the registry is for every available by electronic means.
8 the Minister may establish detailed rules on the content, form and structure of the registry, as well as about the way in which the registry is managed, tracked and controlled.

Section 11.3.3. Establishing or amending geluidproductie ceilings § 11.3.3.1. General article 13.99 [ed: this article does not occur any more in activity. The article was withdrawn by Stb. 2012/267.]
In this section, competent authority shall mean the competent authority referred to in article 11 of the Tracéwet, or if the Tracéwet does not apply, the Minister of transport.

Article 11.27 1 our Minister sets a ceiling on each indicated for that purpose by him geluidproductie reference point.
2 the first paragraph shall not apply if on a reference point already a geluidproductie ceiling, which has been established in application of article 11.45.

Article 11.28 1 our Minister may change a geluidproductie ceiling. If a change is not part of a route decision of its own motion, a wegaanpassingsbesluit referred to in article 5 of the Spoedwet road widening, or a sound plan, articles and 11.29 11.30 not applicable.
(2) if the administrator has submitted a request to increase a geluidproductie ceiling geluidproductie ceiling, that is not increased if: a. the administrator has failed to comply with the obligation referred to in article 11.3, paragraph 2, or b. the applicable geluidproductie ceiling to reasonable expectation not within a period of ten years will be fully exploited.
3 A geluidproductie ceiling is not reduced if the modified geluidproductie on request ceiling after reduction to reasonable expectation within a period of less than ten years would be fully exploited.

4 the Minister may, at the request of Mayor and aldermen of a municipality a lower ceiling geluidproductie, if the municipality intends to take a measure or a measure to pay for or has taken or that reduces the noise because of a road or railway.
5 article 11.29 in treating an application, as referred to in paragraph 4 does not apply.

Article 11.29 1 in preparing a decision on setting or change a geluidproductie ceiling takes our Minister a noise control measure does not take into account, if the: a. financial not effective with regard to limiting the noise of one or more noise-sensitive objects, or b. encounters serious inconvenience of town planning, traffic engineering, transport engineering, landscape or technical nature.
2 the first paragraph, introductory words and point (a) shall not apply if the administrator explicitly request the Minister to take into account in the decision-making process a his proposed financial not effective noise control measure.
3 at the express request of the administrator keeps our Minister in the preparation of a decision on the setting or change a geluidproductie ceiling account with an administrator-proposed measure that is not designated as noise control measure.
4 under or pursuant to order in Council be rules for the application of the criterion referred to in paragraph (a).

Article 11:30 1 the Minister shall establish a geluidproductie ceiling in such a value that the noise that the noise-sensitive objects because of the road or railway, the preference value.
2 to change is a geluidproductie ceiling in such a value determined that the noise because of the road or railway does not exceed the noise, that the relevant noise-sensitive objects because of that road or railway experience when making full use of the geluidproductie ceiling in force.
3 the second paragraph shall not apply if the noise after the change of the geluidproductie preference value does not exceed the ceiling.
4 the Minister may differ from the first or second paragraph, if no noise control measures to members. The derogation is limited as much as possible by establishing noise control measures.
5 the Minister may also differ from the first or second paragraph, if a sound sensitive object also a noise above the preference value can experience because of another sound source which belongs to a a ministerial order indicated category. Article November 29, first paragraph, point (a) shall not apply.
6 in the application of the fourth and fifth member, the maximum value is not exceeded.
7 the sixth paragraph shall not apply if, in connection with the decision to change a ceiling an overrun geluidproductie decision as referred to in article 11.49 is taken.

§ 11.3.3.2. Procedures for establishing or amending Article ceilings geluidproductie 13.99 1 establishing or amending a geluidproductie ceiling is made of its own motion or on request.
2 a request for establishing or amending a geluidproductie ceiling can be done by the administrator of the affected road or railway.
3 a request to amend a geluidproductie ceiling can also be done by Mayor and Councillors of the municipality: (a) in which the reference point is located, or b. to which soils which are located along the road or railway within the zone referred to in chapter VI of the law sound pollution.
4 under or pursuant to order in Council rules are set with regard to the data associated with the application are provided.

Article 14.00 Section 3.4 of the General Administrative Law Act applies to the preparation of a decision to establishing or amending a geluidproductie ceiling which is taken on an application referred to in article 13.99, second or third member. Views can be put forward by each one.

Article 13.19 1 in preparation for a decision to establishing or amending a geluidproductie ceiling is an acoustic research.
2 The acoustic research covers noise which, because of the road or railway could be encountered by noise-sensitive objects, other objects and areas. The examination shall include a calculation of the sound production on each affected reference point.
3 when calculating the sound production, referred to in the previous paragraph, it is assumed to be the average values over the technical lifetime of the road or railway, which were validated by measurements carried out by an independent party.
4 The acoustic research is carried out: a. in an ex officio decision: by the administrator;
b. when a decision on request: by the applicant.
5 by way of derogation from paragraph 4, the sound production on the reference points in all cases calculated by the administrator. The administrator sets the results made available when requested by an applicant referred to in paragraph (b). 6 the acoustic research, also acoustic research into the effects of the confluence of the noise of the road or railway and any other sound source as referred to in article 11, paragraph 5.
7 the Minister shall establish detailed rules concerning: a. the manner in which the acoustic research and the calculations are performed;
(b) the situations in which the acoustic research and calculations refer;
(c) the cases in which can reasonably be assumed that no need exists to a research on the effects of overlapping.

Article 11.34 of its own motion in preparation for a decision to establishing or amending a geluidproductie ceiling provided the administrator at the request of our Minister and within the time limit, all information and data which he reasonably needs in preparation for the decision, including the results of the acoustic research and calculations, referred to in article 13.19.

Article 11.35 In the decision establishing or amending a geluidproductie ceiling indicates which measures in application of article 11.29 in the decision-making process have been taken into account.

Article 11.36 In a decision to cut in a ceiling, in which in accordance with article geluidproductie 11.35 measures are indicated, is determined that the operation of the decision by way of derogation from article 20.3 shall be suspended until the Minister had informed the Chair that the measures have been taken to the satisfaction of the Minister. This information shall be provided in the same manner as that of the decision notified.

Article 11.37 hrs., a copy of the decision or modification of a geluidproductie ceiling is sent to Mayor and Councillors of the municipality: (a) in which the reference point is located;
b. to which the soils which are located along the road or railway within the zone referred to in chapter VI of the law sound pollution.

§ 11.3.3.3. The binnenwaarde Article 11.38 (1) if in an irrevocable decision to establishing or amending a geluidproductie ceiling application has been given to article 11.30, fourth or fifth member, and the geluidproductie ceiling in such a value that the binnenwaarde at making full use of the geluidproductie ceiling is exceeded, the administrator isophonic measures.
2 the obligation, referred to in paragraph 1, is intended that within two years after the decision has become final noise on noise sensitive areas within the sound sensitive object is reduced to a value that is at least 3 dB is located under the binnenwaarde.
3 the Minister may, on the application of the administrator another time limit within which the measures are taken.
4 If a geluidproductie ceiling is reduced, this article shall apply only in respect of noise-sensitive objects whose sound tax increases because of the road or railway geluidproductie at making full use of the lowered ceiling.

Article 13.94 1 if the person entitled with regard to a sound sensitive object has not agreed to cooperate in measures to be taken pursuant to article 11.38, first paragraph, explains our Minister, at the request of the administrator, the obligation referred to in article 11.38, first paragraph, expired.
2 by order in Council are rules with regard to the way in which the owner is invited to participate in the realization of the measures and the manner in which they have been consent or remembers.
3 the Minister shall send a copy of the revocation to the holder by registered letter.
4 the Minister shall forward a copy of the revocation to the service for the Curaçao land registry office and public registers for entry of that statement in the public registers referred to in section 2 of title 1 of book 3 of the civil code. Articles 24, paragraph 1, and 26 of book 3 of the code shall not apply.

§ 11.3.3.4. Further provisions concerning adoption and amendment of articles 11:30 and geluidproductie ceilings Article 11.40 11.38 do not apply on a sound sensitive object in respect of which with application of the Interimwet city-and-environmental approach a higher sound than the legal maximum value tax is allowed under the law sound pollution.

Article 11.41


When establishing or amending a geluidproductie ceiling is the sound production because of a Railway yard as referred to in the decision environmental law, annex I, part C, category 14.1, only as far as that sound production the law environmental law general provisions and Chapter 8 do not apply.

Article 11.42 1 the second through the fifth member apply if a request to amend a geluidproductie ceiling geluidproductie ceiling or a modification of a part of a route decision relates to a road or railway for which the administrator on the basis of article 11.56, paragraph 1, a request for establishment of a reorganisation plan should do, and there for this road or railway has not had a previous restructuring plan.
2 by way of derogation from article 11, paragraph 2, the geluidproductie ceiling in such a value determined that the noise because of the way objects to reorganisation or railway does not exceed the target value referred to in article 11:59, paragraph 1, in accordance with article 11:59, second paragraph, reduced noise pollution.
3. Article 11:30 am, third to seventh heading, is for a reorganisation object shall apply, except that: a. in the fourth and fifth member of that article instead of «the first or second member» is replaced by the following: the second paragraph of article 11.42;
b. paragraph 6 applies only if application of the fourth or fifth member could cause noise at full utilization of the modified geluidproductie ceiling is higher than the noise that the relevant noise-sensitive objects because of the road or railway experience when making full use of the geluidproductie ceiling in force.
4 common to reorganisation objects articles 11.64 11.65 and by analogy and article 11.38 is not applicable.
5 by way of derogation from article 14.19, third paragraph, the sound proof measures referred to in article 14.19, paragraph 1 and paragraph 2, no later than two years after the irrevocable be affected of the decision amending the geluidproductie ceiling.

Article 13.88 1 as far as the measures referred to in article 11.35 and the zoning plan, or the beheersverordening not be subject to the decision or amend the geluidproductie ceiling of the implementation of the measures contained therein as an environmental permit which, pursuant to article 2.12, first paragraph, under (a), 3 °, of the law environmental law general provisions of the zoning plan or the beheersverordening.
2 as far as a zoning plan or another act in an environment permit for an instance activity referred to in article 2.1, paragraph 1 (b) of the law general provisions require such a requirement not environmental law for the implementation of the measures referred to in the first paragraph.

Section 11.3.4. Geluidproductie ceilings for date of entry into force of this law on «» existing or projected roads and railways § 11.3.4.1. The establishment of the geluidproductie ceilings Article 13.99 this section shall apply to geluidproductie ceilings that have been established in application of article 11.45 for a road or railway on 1 July 2012 existing and projected road or railway, which is placed on the sound ceiling map.

Article 1 The geluidproductie ceilings for the roads or 11.45 railways, referred to in article 13.99, over the reference period by the Minister designated by him for that purpose by him calculated prevailing sound productions on the indicated reference points, plus 1.5 dB.
2 by way of derogation from the first paragraph are the geluidproductie ceilings in order in Council designated roads or railways in that measure or on the basis of the data in the measure indicated by the Minister calculated, sound productions on the relevant reference points.
3 by way of derogation from the first paragraph for a railway which the prevailing sound production on reference points lower than 50.5 dB, and along which no noise control measures are present, the geluidproductie ceilings on 1 July 2012 52.0 dB.
4 the prevailing sound production is related to order in Council designated roads, determined on the basis of the situation in which a specified road surface.
5 If the prevailing sound production on a reference point along a road referred to in paragraph 4, it is clear from the report is greater than the calculated under paragraph geluidproductie ceiling, applies to the relevant reference point an exemption provided for in article 11.20 until by replacing the pavement the geluidproductie ceiling is respected, but not later than 1 January 2016.
6 An exemption provided for in article 11.20 applies to geluidproductie ceilings which, on the basis of the second paragraph are determined taking into account the effect of any action to be taken. The exemption applies until such time as the measures have been carried out, or at the latest until the measures must be carried out following the decision on the basis of which they should be taken.

Our Minister shall draw up detailed rules article 11.46 1 as to how the sound production, referred to in article 11.45, is calculated.
2 by way of derogation from article 11.25, paragraphs 2 and 3, shall contain at least the following data in the sound registry recorded on 1 July 2012: (a) the location of the reference points referred to in article 11.45, first to third member;
b. the prevailing sound production on each of those reference points;
c. geluidproductie the height of the ceiling on each of those reference points;
d. a reference to the paragraph of article 11.45 with application that each of those geluidproductie ceilings came into existence;
e. the source data associated with each of these geluidproductie ceilings.

§ 11.3.4.2. Special provisions relating to changing geluidproductie ceilings that have been established in application of article 11.45, first paragraph Article 13.99 1 articles 11.30, 14.00 and 11.38 shall not apply if a geluidproductie ceiling is changed because: a. incorrect source data related to the road or railway are included in the sound registry referred to in article 11.25;
b. the geluidproductie ceiling does not match the source data.
2 In a case referred to in the first paragraph, the Minister may decide that the administrator or noise control sound proof measures for noise-sensitive objects that projected after July 1, 2012. The articles 11.29, 13.94 13.88 and shall apply mutatis mutandis.
3 our Minister may set a time limit within which the administrator the measures.

Article 11.48 1 to 18 July 2018 is a geluidproductie ceiling at the request of Mayor and aldermen of a municipality only reduced in relation to impose or pay for by that municipality or affected or funded measures to reduce noise by noise-sensitive objects.
2 by way of derogation from the first paragraph can reduce a geluidproductie ceiling at the request of Mayor and aldermen of a municipality rather than 18 July 2018 take place, if the data of the report referred to in article November 22, fourth paragraph, (a) show that the calculated sound production at least 5 dB lower than the geluidproductie ceiling in force.
3 the Minister is considering the action plan that in 2018 is fixed, or the geluidproductie ceilings referred to in article 11.45, paragraph 1, having regard to the sound production of the road or railway, can be reduced.

Section 11.3.5. Exceeding the maximum value Article 11.49 1 the Minister may, on the application of the administrator to make a decision, according to which the competent authorities consider necessary in application of article 11:30, seventh member, a geluidproductie ceiling so that a sound sensitive object because of a road or railway at full use of that ceiling a noise that exceeds the maximum value.
2 an overrun decision as referred to in paragraph 1 may be taken only if: a. a geluidproductie ceiling: 1 °. cannot be observed with measures taken pursuant to article 11.29, first paragraph, qualify;
2 °. pursuant to article 11, paragraph 6, cannot be changed, 3 °. failure to comply with the measures referred to in article 11.50, first paragraph, and b. for the crossing of the geluidproductie ceiling no exemption from the obligation to comply with the ceiling referred to in article geluidproductie 11.24, can be granted.
3 our Minister may connect to an overrun decision rules, alleging that the administrator within a time period indicated measures that limit the noise because of the road or railway.
4 application of the first paragraph shall be without prejudice to the applicability of articles 11.38 and 13.94.

Article 1 decision is motivated In an overrun 11.50 indicated on what grounds the following measures in the specific case within reason too expensive, or on social objections or the objections referred to in article 11.29, first paragraph, (b), or not appropriate or are not sufficient to the exceeding of the maximum value, or a further increase of that crossing , prevent: a. an amicable agreement with the rightholder about: 1 °. taking architectural measures in relation to a sound sensitive object or a change of destination or function of the noise-sensitive object, against payment of the cost thereof, or 2 °. the purchase of the noise-sensitive object;

b. the adoption of other measures to reduce noise than noise control measures;
c. the adoption of noise control measures which are not financially efficient as referred to in article 11.29;
d. to go meet the acoustic quality referred to in article 11.3, while there is no instance or replacement;
e. expropriation of the noise-sensitive object.
2 the administrator provided in an application for an overrun decision all the information and data necessary for the preparation and justification of the overrun decision.
(3) if the request for an overrun decision is denied, Our Minister promotes compliance with the applicable geluidproductie ceilings by: a. the use of his legal powers with a view to the measures referred to in the first paragraph, or b. the provision of budget for the taking of measures, referred to as far as the costs of those measures reasonably not burden the administrator belong.
4 If the Administrator pursuant to the third paragraph of article 11.49 one or more measures referred to in paragraph 1 must take, Our Minister promotes the adoption of those measures in the manner indicated in paragraph 3 (a) and (b).

Article 11.51 1 if an interested party as a result of an overrun will suffer damage or decision, which is not reasonably or not entirely dependent on belongs to stay and in respect of which the fee is otherwise not or not sufficiently insured, knows our Minister to him at his request a fairness to determine damages.
2 In control of our Minister can rules concerning the submission and handling of a request for compensation.

Article 13.99 1 preparing and taking a decision find place simultaneously overrun with preparing and taking the decision to modify a geluidproductie ceiling.
2 the first paragraph shall apply mutatis mutandis in relation to the refuse of the decisions referred to in that paragraph.
3 articles 14.00 and 11.37 hrs., shall apply mutatis mutandis.

Article 1 the Minister shall send 11.53 a copy of the decision to the overrun service for the Curaçao land registry office and public registers for entry thereof in the public registers referred to in section 2 of title 1 of book 3 of the civil code. Articles 24, paragraph 1, and 26 of book 3 of the code shall not apply.
(2) If an overrun decision pursuant to a decision or ruling in straight is destroyed, is repealed or amended, does our Minister shall the service referred to in paragraph 1. The first paragraph shall apply mutatis mutandis.

Article 14.01 1 our Minister may amend or withdraw an overrun decision.
2 On a decision amending decision an overrun articles 11.50, 11.51, 13.99 and 11.53 shall apply mutatis mutandis.
3 On a decision to withdraw an overrun decision articles 13.99 and 11.53 shall apply mutatis mutandis.

Article 11.55 1 for the possibility of job as a single decision classified the overrun decision and the decision amending the geluidproductie ceiling, or the refusal to these decisions.
(2) if the decision is destroyed, overrun, the decree amending the geluidproductie ceiling by operation of law.

Section 11.3.6. Remediation Article 11.56 1 the administrator of a road or railway for which the geluidproductie ceilings have been established in application of article 11.45, paragraph 1 by 31 december 2020, a request to the Minister to establish a recovery plan.
2 the first paragraph shall apply mutatis mutandis to a road or railway for which the geluidproductie ceilings have been established in application of article 11.45, second paragraph, in so far as this is indicated by order in Council.
3 at the request be submitted at least: a. an acoustic research noise which, because of the road or railway at full use of the geluidproductie ceilings is encountered by reorganisation objects;
b. the acoustic research drawn up on the basis of the proposal for a reorganisation plan;
(c) a schedule for the implementation of the reorganisation plan;
d. a proposal for the reorganisation measures provided for in article 11:59.
4 by order in Council be further rules regarding the data associated with the request be submitted.
5 On the acoustic research article 13.19, second and seventh member shall apply mutatis mutandis.
6 this article shall not apply to roads and railways in respect of which application has been given to article 11.42.

Article 11.57 1 Remediation objects are objects that fall under one or more of the following categories: a. homes and other noise-sensitive objects along roads and railways which are indicated on the sound ceiling map, which on the basis of article 88 of the law, such as noise that was for 1 January 2007, or article 4.17 of the decision are reported in a timely manner at our Minister noise in so far as they have not been cleaned up, and the noise at full utilization of the geluidproductie ceilings higher than 60 dB if it is a road or a railway, 65 dB as the b. homes as well as in a zoning plan included berths for living ships and pitches for caravans, whose noise because of a road or railway referred to in article 11.56 at full utilization of the geluidproductie ceilings higher than 65 dB if it is a road or 70 dB as the railway is concerned, c. homes as well as in a zoning plan included berths for living ships and pitches for caravans, whose sound tax due at order in Council said parts of roads or railways at full use of the geluidproductie ceilings higher than 55 dB if it is a road or 60 dB as the railway.
2 under reorganisation objects referred to in the first paragraph are not defined as noise-sensitive objects in respect of which with application of the Interimwet city-and-environmental approach a higher sound than the legal maximum value tax is allowed under the law sound pollution.

Article 11.58 1 A recovery plan may cover one or more parts of roads or railways.
2 for a part of a road or railway adopted a plan for only once.

Article 11:59 1 contains a plan for remediation objects the measures taken into account pursuant to article 11.29 to noise because of the relevant road or railway at full use of the geluidproductie ceilings on the facade of the reorganisation objects to the target level of 60 dB if it is a road or a railway as the 65 dB.
2 by way of derogation from the first paragraph contains a recovery plan the measures taken into account pursuant to article 11.29 to noise because of the relevant road or railway on the facade of the reorganisation objects that comply with article 11.57, paragraph 1, point (c), using a minimum of 5 dB, unless application of the first paragraph leads to a lower noise level.
3 a reorganisation plan for remediation can also contain other eligible reorganisation measures objects.

Article 11.60 1 A recovery plan is determined by our Minister.
2 On the preparation of the establishment of a saneringplan is section 3.4 of the General Administrative Law Act shall apply mutatis mutandis. Views can be put forward by any person.
3 at his decision gives our Minister to be within how much time after the irrevocable by the restructuring plan, the reorganisation measures from the restructuring plan should be affected.
4 Article 11.37 hrs., shall apply mutatis mutandis.

Article 16.06 In special cases, our Minister the restructuring plan or the period within which the reorganisation measures from the restructuring plan should be affected, change.

Article 11.62 1 as far as the adopted recovery plan included in a reorganisation measures and the zoning plan or the beheersverordening not correspond, the decision establishing the reorganisation plan for the implementation of the reorganisation measures contained therein as an environmental permit which, pursuant to article 2.12, first paragraph, under (a), 3 °, of the law environmental law general provisions of the zoning plan or the beheersverordening.
2. Article 13.88, paragraphs 2 and 3, shall apply mutatis mutandis.

Article 14.12 1 when reorganisation measures, referred to in article 11:59, paragraph 1 or 2, lead to a reduction of the noise of the reorganisation objects, the administrator at the same time as the request referred to in article 11.56, paragraph 1, a request for a reduction of the geluidproductie ceilings in accordance with the sound effect of such measures.
2 the preparation, taking and submit for inspection of a modification of a ceiling as referred to in the first paragraph find geluidproductie place simultaneously with the preparation, setting and the available laying the restructuring plan to which the change is being made.
3 by way of derogation from article 11.36 is determined in the decision to cut that the operation of the decision shall be suspended until the first of the following dates: (a) the time when the Minister had informed the Chair that the measures to be taken under the restructuring plan to the satisfaction of the competent authority, or

b. the time from which the measures pursuant to article 11.60, third paragraph, possibly extended in accordance with article 16.06, stricken.
4 by way of derogation from the third paragraph has a request to amend a concerned geluidproductie ceiling that is done between the decision to cut, referred to in paragraph 2, and the time when the latter reduction is going to work, relate to the value of the geluidproductie ceiling after going works of this reduction.
5 On the decision to reduce the geluidproductie ceiling articles 11.29 11.37, 11.38, 11.30, 11.35 and not applicable.
6 the communication referred to in paragraph (a), shall be made in the same manner as which is given notice of the decision.
7 for the possibility of appeal shall be regarded as one decision a modification of a geluidproductie ceiling as referred to in paragraph 1 and fix the restructuring plan to which the change is being made.
8 if the restructuring plan is destroyed, the decree amending the geluidproductie ceiling by operation of law.

Article 14.19 1 if at making full use of the geluidproductie ceiling under article 11.63 modified noise of a reorganisation object is higher than the mentioned in article 11:59, first paragraph, target value, and the binnenwaarde is exceeded, the administrator isophonic measures.
2 the first paragraph shall apply mutatis mutandis if no measures to limit the noise of a reorganisation to object to the first paragraph, referred to in article 11:59, target value, and the binnenwaarde is exceeded.
3 the obligation, referred to in paragraph 1, aims that not later than 31 december 2021 noise sensitive areas concerning reorganisation within the sound object is reduced to a value that is at least 3 dB is located under the binnenwaarde.
4 the Minister may, on the application of the administrator another time limit within which the measures are taken.
5 article 13.94 shall apply mutatis mutandis.

Article 11.65 1 to reorganisation objects to which the noise, because of the road or railway, at making full use of the geluidproductie amended on the basis of article 11.63 ceiling, the maximum value, are the second and third paragraphs shall apply.
2 the Minister shall forward a copy of the decision on amendments to the geluidproductie ceiling to the service for the Curaçao land registry office and public registers for entry thereof in the public registers referred to in section 2 of title 1 of book 3 of the civil code. Articles 24, paragraph 1, and 26 of book 3 of the code shall not apply.
3 where noise because of the road or railway, for a reorganisation object referred to in paragraph 1 no longer exceed the maximum value following a decision to modify a geluidproductie ceiling, does our Minister shall the service referred to in paragraph 2. The second paragraph shall apply mutatis mutandis.

Section 11.3.7 update. Other provisions article 11.66 send our Minister on 1 July 2022 to the States General a report on the effectiveness and the effects of this chapter in the practice.
Chapter 11a. Other acts Title 11a. 1. Quality of work and integrity of those who perform this work Article 11a. 1 this title, provided that the components of the environmental policies that are the responsibility of the Minister of transport, under our relevant Minister means: Our Minister of transport.

Article 11a. 2 1 can under or pursuant to order in Council to promote the quality of work as designated by or under the measure referred to in paragraph 2, and to promote the integrity of those who perform this work, rules, which are necessary in connection with the protection of the environment.
2 activities referred to in the first paragraph are: a. the provision of calculations, measurements or counts;
b. taking or analysis of samples or otherwise carrying out the research necessary to the nature or extent of contaminants in substances, products, waste, waste water, air, surface water, soil, organisms or soil;
c. limit, undo, or otherwise the remediation of a contaminant in substances, products, waste, waste water, air, surface water, groundwater or soil;
d. the assessment or inspection of materials, products, facilities or installations;
e. apply or make suitable for application, of substances, products or wastes in a work or performing a work on or in the soil;
f. monitoring or the planning or guiding the activities referred to in parts (a) to (e);
g. intervenes when, judging or advise or report on activities referred to in parts (a) to (f);
h. change, suspend, withdraw or refuse to issue certificates, or i. activities relating to a bottom power system.
3 to the at a measure to set rules under the first paragraph may include rules, holding a ban to perform without an appropriate activity for which efficacy is has: a. a recognition that the Minister, in accordance with our relevant Minister, or a designated authority at the measure, has determined that the person who carries out an activity referred to in paragraph 1 meets requirements set out under or pursuant to the measure relating to independence , expertise, skill, reliability, financial standing or other requirements with which the quality of the work and the integrity of the person who carries out an activity;
b. a certificate that a recognized certification body pursuant to paragraph (a) expressed that there exists a justified confidence over a period of time that a natural or legal person complies with the applicable standards for certification with regard to expertise, skill, the quality system, the internal quality management, work instructions, complaint treatment or other standards that the quality of the work done;
c. an accreditation with which the Foundation Council for accreditation in Utrecht expressed that during a certain period a justified confidence that a certification body, inspection body, a laboratory or any other institution is competent to perform the relevant efficacy and compliance with requirements concerning the independence, impartiality, continuity or other requirements which the quality of the work can be promoted.
4 to the at a measure to set rules under paragraph 1 may also include rules, alleging the obligation: a. to act in accordance with the connected to the recognition requirements;
(b) to act in accordance with it for that measure efficacy under or pursuant to the appropriate document;
c. to act in accordance with the requirements laid down by or pursuant to the measure concerning the independence, expertise, skill, reliability, financial standing or other requirements with which the quality of the work and the integrity of the person who carries out an activity;
d. a withdrawal or suspension of a certificate or an accreditation to do a notification to the Minister or a designated authority at the measure.
5 if application is given to the third member, chapeau and subparagraph (a), the measure rules with respect to: a. the manner in which the application for recognition must be made and the information to be provided by the applicant for the purposes of the decision on the application;
(b) the grounds on which and the conditions under which the Minister, in accordance with our relevant Minister, or a designated authority, a recognition at the measure can grant, deny, suspend or revoke, change, and (c) the period for which a recognition may be granted or suspended.
6 If, on the basis of paragraph 5, part b, the measure provides that the Minister, in accordance with our relevant Minister or a body designated by the measure, or revoke a recognition in the case and under the conditions provided for in article 3 of the law promoting integrity reviews by the public administration, may, by that measure be determined that prior to the refusal or withdrawal the Office promoting integrity reviews for public administration referred to in article 8 of that law for an opinion referred to in article 9 of that law may be requested.
7 the Minister may, in accordance with our Minister concerned, for in doing so stated categories of work or categories of natural persons, legal persons or institutions carrying out work, waive under the third to fifth paragraph rules, as far as the importance of the protection of the environment are not resistance.

Article 11a. 3 as far as effect is given to article 11A. 2, first and third paragraphs, the measure provides that in cases identified in the measure: a. the competent authority an application for a Commission decision which by or under this Act, or by or under the laws referred to in article 13.1, paragraph 2, is given, not take if accompanying data that come from a natural person legal person or institution that has acted in contradiction with article 11A. 2, third paragraph;

b. in fulfilment of a by or under this Act, or by or under the laws referred to in article 13.1, paragraph 2, no obligation information was provided from a natural person, a legal person or institution that has acted in contradiction with article 11A. 2, third paragraph.
Chapter 12. Report, registration and measurement obligations Title 12.1. Registers protected areas Article 12.1 [expired per 01-07-2009] article 12.2 [expired per 30-06-2005] article 12.3 [expired per 30-06-2005] article 12.4 [expired per 01-07-2009] article 12.5 [expired per 01-07-2009] article 12.6 [expired per 01-07-2009] article 12.7 [expired per 01-07-2009] article 12.8 [expired per 01-07-2009] article 12.9 [expired per 01-07-2009] article 12.10 1 our Minister, our Minister of Economic Affairs, provincial administrations, municipalities and operators referred to in article 1.1 of the water law , shall ensure that in accordance with article 6 of the framework directive water one or more registers are kept of the water framework directive referred to in annex IV of the protected areas, to the extent that areas under their control.
2 can under or pursuant to order in Council rules on the registers. This may, by way of derogation from paragraph 1, be made for the registration of protected areas is done by provincial administrations or Our ministers in the first paragraph, when it comes to areas under control by other governing bodies.

Title 12.2. Registration data external safety devices, transport routes and pipelines Article 12.11 1 In this title and the provisions based thereupon, the following definitions shall apply: (a) competent authority: 1 °. governing body that is competent to grant an environmental permit for an establishment;
2 °. governing body to which under article 8.41, second paragraph, point (a), a notification is sent;
3 °. As far as the power to our Minister for authorisation relates to establishments referred to in article 15 (b) of the nuclear energy Act;
4 °. Our Minister for public roads and waterways in so far as these are managed by the Rich and for the railway law designated pursuant to article 2 of main roads;
5 °. Provincial Executive for public roads and waterways as far as these are managed by the province;
6 °. Mayor and aldermen for public roads and waterways as far as these are managed by the municipality;
7 °. day to day management of the water Board for public roads and waterways as far as these are managed by the water Board;
8 °. Our Minister for the pipe fittings belonging to a category designated pursuant to article 12.12, second paragraph,;
9 °. Our Minister of Economic Affairs for establishments in which the mining applies;
b. hazardous substances: 1 °. as far as it concerns fixtures and pipe fittings: substances which belong to one or more of the annex I of the EC regulation on classification, labelling and packaging of substances and mixtures, as well as fissile materials and categories referred to radioactive substances as referred to in article 1 of the nuclear energy Act;
2 °. as far as it concerns transport routes are substances which under the law transport dangerous goods designated as dangerous;
c. transport route: public road, the railway law designated pursuant to article 2 of main railway or waterway;
d. tube main: main intended or used for the transport of dangerous goods, with the associated facilities;
e. external security: security outside establishments where dangerous substances are present or may be present under an environmental permit and security beyond transport routes and pipelines over which or through which dangerous substances are transported, provided that safety can be affected by an accident involving dangerous substances.
2 by order in Council may be other substances than those referred to in the first paragraph, under b, which, as far as it concerns fixtures and pipe fittings, for the purposes of this title and the provisions based thereon be classified as a dangerous substance.

Article 12.12 1 there is a public register that contains information about the external security.
2 by order in Council, the categories of establishments, transport routes and pipelines designated or the cases on which the registry contains data on external security.
3-run the registry to designate authority by the Minister.
4 under or pursuant to order in Council rules are set with regard to the data provided by the authority referred to in the third paragraph, be included in the registry.
5 under or pursuant to the measure provided for in the fourth paragraph of the rules can also be shape, design and accessibility of the register and the manner in which the register is kept.

Article 12.13 1 the competent authority is required data on external security to the authority referred to in article 12.12, paragraph 3, to provide, as well as the changes that occur in this data.
2 by order in Council rules are set with regard to the information to be provided.
3 by order in Council be rules about the time when the data referred to in paragraph 1, are to be given.
4 a ministerial order may rules with regard to the way in which the data by the competent authority to the authority referred to in article 12.12, paragraph 3, be provided.

Article 12.14 1 the one that drives an establishment where dangerous substances are present, the one who used a pipeline for the transport of dangerous goods or the person to whom a licence has been granted for that pipeline, provided at the request of the competent authority the information required for the implementation of article 12.13, first paragraph, and performs the data necessary for the emergence of the calculations.
2 the first paragraph shall apply mutatis mutandis to the person who offers dangerous goods for transport and on the person to whom a concession for the management of the railway infrastructure is granted insofar as the main railway head is used for the transport of dangerous goods, with the understanding that no data have to be provided as far as for the emergence of the data calculations must be performed.
3 paragraphs 1 and 2 shall not apply to the extent that the data already obtained by the competent authority or by the competent authority on the basis of paragraph 5 may be obtained.
4 to the first member as a result of the data to be provided at the request of the competent authority include the calculations on the data to be provided.
5 A governing body that have data required for the implementation of article 12.13, first paragraph provides, at the request of the competent authority that data.
6 the provision of data, referred to in paragraph 1, does not apply to perform new calculations related to the adoption of decisions under the Act regional planning relating to the area of interest to the external security, if already calculations pursuant to paragraph 1 to the competent authority, provided or otherwise available to that authority.
7 the request for information shall be made in writing and shall indicate a period of not more than three months within which the request should be met.
8 a ministerial order may be made with regard to the rules on the basis of paragraphs 1 and 2, and the way in which these data to be provided to the competent authority.

The authority referred to in article 1 article 12.15 12.12, third paragraph, the information provided by the competent authority as soon as possible but no later than 8 weeks after receiving eligible to appear in the registry.
2 The authority referred to in article 12.12, third paragraph, makes the information provided by the competent authority in the registry not accessible for everyone than after the competent authority with the view proposed by that body. The competent authority decides, within four weeks after receipt of the proposed view. Before agreeing with the proposed display shall send the competent authority at least two weeks before are welcome to the one the installation where dangerous substances are present, or the one who used a pipeline for the transport of dangerous goods, or the person to whom a licence has been granted for that pipeline, a copy of the proposed view.

Article 12.16 1 On request, the authority referred to in article 12.12, third member, a copy of in the register data on external security.
2 a ministerial order rules can be set with regard to the form and manner of providing by the authority referred to in article 12.12, paragraph 3, of the data referred to in paragraph 1.
3 by order in Council may be set with regard to rules to charge fees for manufacture on request copies of data entered in the register. The fee shall not exceed the actual costs.

Article 12.17 1 a request for restoration of an error in the register shall contain the reasons for that request and, if possible, the amendments to it. The request is addressed to the competent authority.

2 no later than eight weeks after the date of receipt of a request as referred to in paragraph 1, the competent authority shall decide on the request. The competent authority communicates its decision to the applicant and to the one who succeeds the one who on the installation or the person to whom a pipeline used concession has been granted for that pipeline, on which the request for recovery of an error.
3 On the decision of the competent authority to repair an error, article 12.13 shall apply mutatis mutandis.

Title 12.3. The EC Regulation PRTR and PRTR protocol § 12.3.1. General article 12.18 In this title and the provisions based thereupon: PRTR: pollutant emission register and transfer of substances referred to in article 14.99, first paragraph;
PRTR-protocol: on 21 May 2003 in Kiev established Protocol on pollutant release and transfer registers, with attachments (Trb. 2003, 153, and Trb. 2007, 95);
PRTR-report: report referred to in article 12.20, first paragraph;
reporting year: calendar year pursuant to article 5, paragraph 1, of the EC Regulation PRTR or article 12.20 a, first paragraph, a PRTR-report should be drawn up.

§ 12.3.2. Reporting by establishments Article 12.19 1 this title shall apply to establishments where one or more of the EC regulation in annex I to the PRTR will be carried out to such an extent as the activities listed under that annex applicable capacity threshold.
2 under premises referred to in the first paragraph are includes establishments within the Dutch exclusive economic zone.

Article 12.20 1 where a person who drives an establishment, in accordance with article 5, paragraph 1, of the EC Regulation PRTR in respect of a calendar year is rapportageplichtig, he shall forward by 31 March of the calendar year following the reporting year to the competent authority on the basis of article 12.21 by electronic means a report containing the in article 5, first and second paragraph , of the EC Regulation PRTR data referred to.
2 The PRTR report meeting the requirements of article 9, paragraph 2, of the EC Regulation PRTR listed quality requirements.
3 the first reporting year is 2007.

Article 12.20 a 1 under or pursuant to order in Council may be other data than those referred to in article 5, first paragraph, of the EC Regulation PRTR data referred to are designated, which in the PRTR-report should be included. If information referred to in the first sentence will only be appropriate information concerning the adverse consequences to the environment that the facility in the reporting year has caused, and reasonably required for: a. the fulfilment by the governing body that will be authorised an environmental permit or a permit under article 6.2, paragraph 1, of the water law to provide for the establishment concerned , of the in article 18.2 of this law, article 5.2 of the law general provisions environmental law and article 8.1 of the water law, b. setting the task referred to by those governing bodies or other governing bodies to implement environmental policy and monitoring progress of implementation of such policies, or (c) the implementation of a treaty or a bound Netherlands for Netherlands for binding decision of an international organization.
2 articles 5, second to fifth member, and 9, first and second paragraph, of the EC Regulation PRTR and article 12.20, paragraph 1, shall apply mutatis mutandis to the appropriate data pursuant to the first paragraph.

Article 12.20 b the one who sends the installation simultaneously with transmission of the PRTR-report to the competent authority on the basis of article 12.21, by electronic means, a copy of this to the Minister.

Article 12.21 1 as the competent body referred to in article 2, point 2, of the EC Regulation PRTR and pursuant to this title is designated the governing body that is competent to furnish an environmental permit or a permit as referred to in article 6.2, paragraph 1, of the water law, or, in the case at the facility the mining applies, our Minister of Economic Affairs.
2 by way of derogation from the first paragraph, the Minister of agriculture, nature and food quality designated as competent authority for establishments where activities are carried out as set out in annex I, number 7, in (a) in the EC Regulation PRTR.

Article 12.22 The quality assessment of the PRTR-report referred to in article 9, paragraph 2, of the EC Regulation PRTR, shall be made available not later than 30 June of the calendar year following the reporting year.

Article 12:23 1 The competent authority may, on the basis of article 12.21 no later than 30 June of the calendar year following the reporting year declare that a PRTR report is not in conformity with the article 5, paragraph 1 or 2, of the EC Regulation PRTR, pursuant Article 12.20 a, paragraph 1, of this law or in article 9, paragraph 2, of the EC regulation requirements or not is PRTR observes the at article 5 , third or fourth paragraph, of the EC Regulation PRTR or under article 14.99, introductory wording and points (a) to (c) requirements.
2 the competent authority may issue the certificate referred to in the first paragraph for no more than three months. The adjournment is not later than the date referred to in the first paragraph shall be notified in writing to the person who drives the establishment concerned.
3 the competent authority may, after the date referred to in paragraph 1, or if application has been given to the second paragraph, after the time with application of the second paragraph is fixed, yet declare that the PRTR report does not meet the requirements referred to in paragraph 1, if: a. the report contains inaccurate or incomplete information or (b). the report otherwise was incorrect , and the one who has submitted the report, knew or should have known this.
4 jurisdiction, referred to in paragraph 3, shall expire five years after the end of the reporting year.
5 In cases where a report has been submitted in time-PRTR is the first paragraph apply mutatis mutandis, it being understood that the statement means that no PRTR report is submitted and that instead of June 30 is replaced by the following: 30 september. The second paragraph shall not apply.

Article 1 pursuant to article 12.21 12.24 competent bodies shall provide the first member, and in articles 12.20 12.20 a, first paragraph, information which they referred to in accordance with article 9, paragraph 2, of the EC Regulation PRTR quality have rated, to the Minister. The provision takes place in electronic form every time not later than 30 september of the calendar year following the reporting year.
2 the first paragraph shall not apply: a. on data, included in a PRTR report in respect of which a declaration as referred to in article 12:23, paragraph 1, was issued, and (b). If a declaration referred to in article 12:23, paragraph 5, was issued, in which cases the competent authority not later than the time referred to in the first paragraph to the Minister reports that a statement as referred to in point (a) or (b) has been issued.
3 the competent authority may, at the request of the person making the installation or on its own initiative provide that provisions of a PRTR-report information to our Minister. Article 10 of the Act shall apply mutatis mutandis. A request referred to in the first sentence shall be submitted simultaneously with forwarding the PRTR report, but not later than 31 March of the calendar year following the reporting year. A retirement provision as referred to in the first sentence will take place not later than 30 september of the calendar year following the reporting year.
4 if application is given to the third member, the competent authority not later than the second sentence referred to in the first paragraph, time to the Minister: a. the type of information that is kept secret;
b. on what ground to secrecy is decided.
5 by way of derogation from the first paragraph be data in respect of which an application referred to in paragraph 3 has been rejected, not earlier than after the Act in question in accordance with article 20.3 has entered into force. Article 20.5, paragraph 1, shall not apply.
6 by way of derogation from the second join reports referred to in article 12.35 not reported earlier than after the Act in question in accordance with article 20.3 has entered into force. Article 20.5, paragraph 1, shall not apply.

§ 12.3.3. PRTR Article 14.99 1 there is a registry that contains information about the issue and transfer of pollutants.
2 The PRTR is for every available by electronic means.
3 The PRTR is managed by our Minister.
4 a ministerial order may be made on the form rules and the establishment of the PRTR.

Article 15.00 1 The PRTR includes the information on the basis of article 12.21 12.24 competent bodies in accordance with article, paragraph 1, as well as the information provided to the Minister in accordance with article 12.02, paragraph 2, to the Minister reported statements.
2 The PRTR also contains data on emissions from diffuse sources as referred to in article 2, ninth paragraph, of the PRTR protocol, to the extent that such data are present at our Minister, which possess a sufficient degree of spatial data detailing and the inclusion of such data in the PRTR in practical terms possible. If in the PRTR data on emissions from diffuse sources be included, also indicated using whatever method that data are gathered.

3 If a competent authority certain data with application of article 12.02, paragraph 3, does not meet our Minister shall be in the PRTR indicated: a. the type of information that is kept secret;
b. on what ground to secrecy is decided.

Article 12.27 1 our Minister makes the information referred to in article 15.00 per year through the PRTR public every time by no later than 31 March of the second calendar year following the reporting year.
2 by way of derogation from the first paragraph shall be made the disclosure with regard to the report year 2007 no later than 30 June 2009.

Article 12.28 our Minister shall be responsible for the implementation of article 7, second paragraph, of the EC Regulation PRTR.

§ 12.3.4. Additional reporting requirements Article 12.28 a by or pursuant to order in Council is determined the extent to which a governing body referred to in article 12.20 a, first paragraph, (a) rules permit can connect, which include data other than the obligation in article 5, first paragraph, of the EC regulation and referred to the PRTR under article 12.20 a, first paragraph, to designate appropriate data , which in the PRTR-report should be included. As other data referred to in the first sentence will only be classified data: a. on the local adverse consequences to the environment, which has caused the establishment in the year under review, and b. reasonably necessary for the exercise by the governing body of the first paragraph in article 12.20 task referred to in point (a).

§ 12.3.5. Final provisions article 14.99 by or pursuant to order in Council can in the interest of the proper functioning of the PRTR and in implementation of the EC Regulation PRTR rules with respect to: (a) the methodology used for data collection, referred to in article 5, fifth paragraph, of the EC Regulation PRTR;
(b) the frequency of information gathering, referred to in article 5, third paragraph, of the EC Regulation PRTR;
c. how a PRTR-report should be drawn up and the contents of such a report;
(d) the confidentiality of data, referred to in articles 12.24, third and fourth member, and 15.00, paragraph 3;
e. how the quality assessment of a PRTR-report referred to in article 9, paragraph 2, of the EC Regulation PRTR, should be carried out, or (f) the information that may be used to determine whether a device is on the basis of article rapportageplichtig, paragraph 1, or article 12.20 12.20 a, paragraph 1.

Article 12:30 it is forbidden to act in breach of the provisions of article 5 of the EC Regulation PRTR.

Title 12.4.
Registration data fuels and electricity from renewable sources for the benefit of transport [expired per 01-01-2015] article 12.31 [expired per 01-01-2015] article 12.32 [expired per 01-01-2015] article at 12:33 pm [expired per 01-01-2015] Chapter 13. Procedures for permits and exemptions Section 13.1. General article 13.1 1 in the application of section 3.4 of the General Administrative Law Act on the preparation of decisions under this Act and by decisions under the laws or legal provisions referred to in the second paragraph, section 13.2 is taken into account, to the extent permitted by or under the relevant law is determined.
2 The laws or legal provisions referred to in the first paragraph are: the mining, articles 3.1, 3.3 through 3.6, 6.4 and 7.1 of the Act with respect to animals animal by-products, the nuclear energy Act, the noise Law, the law on air pollution, the law on soil protection, the Ontgrondingenwet, the Antarctica, the water law, environmental law general provisions the law.

Section 13.2. Special provisions article 13.2 if in the preparation of the decision on the application for a permit or an exemption an environmental impact report should be created, of that application. With respect to that notification, articles 3:11, 3:12, paragraphs 1 and 2, and paragraph 3 (a) and 3:14 of the General Administrative Law Act and articles 8.3 and 8.5 shall apply mutatis mutandis.

Article 13.3 Views as referred to in article 3:15 of the General Administrative Law Act, can be put forward by each one.

Article 13.4 If the application for a permit or exemption relates to an establishment or work, public inspection, shall be referred to in article 3:13, first paragraph, of the General Administrative Law Act, at least in the Secretary of the municipality in which the establishment or work wholly or mainly will be located.

Article 13.5 1 when giving a decision referred to in article 13.1, the competent authority may in any case be based on data and research not be older than two years.
2 the first paragraph shall not apply to a decision that is taken by virtue of the law protection of Antarctica.

Article 13.6 If the applicant therefore has requested, the competent authority shall inform him, before the documents lay not on his part are inserted, the opportunity to see those pieces in with a view to the application of articles 19.3 to 19.5. To the documents referred to in the first sentence are not the reports made in accordance with article 3:17, paragraph 2, of the General Administrative Law Act, and copies of perspectives, by others then entered in accordance with article 3 governing bodies concerned: 15 of that law. Article 10 of the Act does not apply.

Article 13.7 [expired per 28-12-2009] article 13.8 (1) If on the preparation of the decision on one or more of the cases that are treated with other coordinated applications article 31, paragraph 4, of Dienstenwet applies, is that paragraph apply to the preparation of all decisions on those requests.
(2) if the term for giving a decision on a request is extended in accordance with article 31, paragraph 4, of Dienstenwet or article 3:18, paragraph 2, of the General Administrative Law Act, that term applies also for the decision on the other applications with which the request is treated coordinated.

Article 13.9 where a decision on an application for a permit or exemption or an order for amendments thereto cannot be given after compliance with one from a bound Netherlands Treaty or a bound Netherlands for decision of an obligation under international law organization, the time limit for giving that decision in force in respect of that obligation shall be suspended until the procedure is finished.

Article 13.10 In cases where the Minister has jurisdiction to grant a permit or exemption, he may be in accordance with our Minister concerned in the interest of the security of the State of the application of section 3.4 and article 3:44 of the General Administrative Law Act omission, in whole or in part, in so far as that interest so requires.

Article 13.11 the competent authority may provide that section 3.4 of the General Administrative Law Act continues to apply in the preparation of the decision on an application for a permit or exemption or of a decision amending it, if that decision: a. relates to the management of hazardous waste the management of which by an unusual circumstance in the short term;
b. relates to the management of other than hazardous waste the management of which by an unusual circumstance and related to the quantity that this waste release, short term;
c. aims at implementing an obligation imposed pursuant to article 17.4, Section 13.3. Category A waste facilities with possible transboundary environmental effects Article 13.12 if the application for an environmental permit is related to a category A waste facility, which are major adverse consequences for the environment in another country, and about the decision to be taken on that request consultation with governing bodies in the other country concerned, these consultations mentioned in the notification.

Article 13.13 1 if the application for an environmental permit is related to a category A waste facility, which is located in another country and that significant adverse effects on the environment may have in Netherlands, the application with the relevant pieces by Executive Council of the province of which consequences may arise, referred to public inspection.
2. Article 3:12, third paragraph, parts a, b and c, of the General Administrative Law Act shall apply mutatis mutandis.
Chapter 14. Coordination § 14.1. Coordination of applications for a decision Article 14.1 1 in the event for the benefit of a same design applications are done to provide interrelated decisions and on the preparation of at least one section 3.4 of the General Administrative Law Act applies, Executive Council of the province where that establishment is or will be wholly or mainly located If at least one of those requests to them is addressed, promote a coordinated treatment of those requests.
2 Executive Council are held a coordinated treatment of applications referred to in the chapeau of paragraph 1, if they are addressed to different governing bodies to promote, when one of those organs or the applicant or one of the applicants their so requests.
3 provincial Executive are also held at the request of the person who intends to do if one or more applications in the introductory words of the first paragraph, if that applications will be addressed to different governing bodies, to promote a coordinated preparation of those requests.

4 The obligations referred to in the second and third paragraph, apply, in so far as it concerns decisions on applications for the preparation of which section 3.4 of the General Administrative Law Act does not apply, only to the extent that compliance is possible in connection with the legal requirements governing the emergence of those decisions.
5 If give gedeputeerde staten application to the first, second or third paragraph, they shall forthwith in writing to applicants and each of the other governing bodies to which one or more of the applications should be targeted.

Article 14.2 1 in respect of applications referred to in the chapeau of article 14.1, first paragraph, that within six weeks may gedeputeerde staten, if at least one of those requests to them is addressed, date of receipt of that request, provide that the date on which the last of these is received. If the draft of the decision on a request for in accordance with article 3:13 paragraph 1, of the General Administrative Law Act has been forwarded, the first sentence shall not apply in relation to that request.
2 Executive Council are held in respect of applications referred to in the first paragraph a provision such as there meant when another governing body to which one or more of the applications, or the applicant or one of the applicants their so requests. A request is submitted in writing to Executive Council.
3 If give gedeputeerde staten application to paragraph 1 or 2, they shall immediately so inform the applicants and each of the other governing bodies to which one or more of the applications should be targeted, indicating the date on which the last request was received.

Article 14.3 1 In case of processing of applications promote coordinated provincial Executive in any case, that the assessment of the applications by the various governing bodies which are competent to decide, taking into account the interdependence between the applications in question and that by those bodies is also given consistency between the decisions taken on applications are given.
2 they shall in addition at least care for that as much as possible: a. with regard to the decisions of the joint application design is given to the articles 3:11, paragraph 1, and 3:12 of the General Administrative Law Act and article 13.4;
b. the opportunity to bring forward views orally in accordance with article 3:15 of the General Administrative Law Act is given with respect to the design of the relevant decisions taken together;
c. the relevant decisions jointly in accordance with article 3:44 of the General Administrative Law Act shall be published.

Article 14.4 Gedeputeerde staten can of the governing bodies which are competent to decide on the applications on which the coordination referred to in article 14.1 extends, as well as in decisions on those requests concerned advisers the collaboration progressing, that for the success of the coordination is needed. That governing bodies and advisors are held of them advanced to cooperate.

§ 14.2. Coordination when making an environmental impact report article 14.4 (a) In this paragraph, the term activity, activity, decision or plan means a plan or decision as referred to in article 7.1.

Article 14.4 (b) where a decision in respect of an activity at the same time and be prepared a plan and that plan is prepared exclusively with a view to the inclusion of that activity in that plan is in preparation for that decision and that one plan environmental impact report is created. The report is prepared in pursuance of article 7.10 and paragraphs 7.9 and 7.10, provided that the application for a decision, the draft of a decision, the design plan and the environmental impact assessment for inspection at the same time. The environmental impact assessment complies with articles 7.7 and 7.23.

Article 14.4 c 1 If in respect of an activity, or in respect of several interrelated activities more than a plan is appropriate, in the preparation of which on the basis of it by or under this law certain an environmental impact report should be created, in preparation for which plans one environmental impact report is created.
2 outside the cases referred to in paragraph 1, can, if in respect of an activity, or in respect of several interrelated activities more than a plan needs to be established, in the preparation of which by or under this law on the basis of the certain an environmental impact report should be made, by the governing bodies that those plans have to say, be decided that in preparation for that plans one environmental impact report is created.

Article 14.5 1 If in respect of an activity, or in respect of several interrelated activities more than a decision is appropriate, in the preparation of which on the basis of it by or under this law certain an environmental impact report should be created, in preparation for that one environmental impact assessment decisions made, in pursuance of paragraph 7.8 in the event on all those decisions paragraph 7.8 applies and with application of paragraph 9 in other cases.
2 Outside the cases, in the first paragraph, can, if in respect of an activity, or in respect of several interrelated activities more than a decision must be taken on the basis of which, in the preparation of an environmental impact report by or under this law certain, be decided that in preparation for that decide one environmental impact report is created , with application of paragraph 7.9.
3 a decision under paragraph 2 is taken: a. If jurisdiction to take the decisions referred to in paragraph 2 is retained by one governing body: by that body;
b. If those decisions are taken pursuant to the law on request and the applications in question pursuant to article 14.1 coordinated can be prepared or handled: by Executive Council of the province concerned;
(c) in other cases: by the governing bodies which are competent to taking the relevant decisions, together.
4 a decision under the second Member may of its own motion or at the request. In cases referred to in paragraph (b), it may decide, if Executive Council are not entitled to take one of the decisions concerned, be taken only on request.

Article 14.6 1 the one who undertakes an activity in a case referred to in article 14.5, can at the same time with a communication referred to in article 7.24, paragraph 1, or of article 8.99, first paragraph, requests to article 14.5, paragraph 2, apply.
2, In the cases envisaged In article 14, paragraph 3 (b) and (c) a request can also be done by a governing body that is competent to take a decision as referred to in the second paragraph of that article. It is submitted no later than two weeks after the day on which the communication relating to the environmental impact assessment under article 7.24, first paragraph article 8.99, paragraph 1, has been made.
3 the request-in which all decisions are listed, to which it refers-is submitted in writing to the institution that has to decide about it. In a case referred to in article 14, paragraph 3, point (c), the request shall be lodged at one of the competent governing bodies; that institution shall transmit it without delay to the other competent bodies.

Article 14.7 1 A application is granted, unless the importance of a good decision-making opposes.
2 on a request is not then decides after the one that undertakes the activity concerned, and to take up the competent governing bodies decisions concerned were given an opportunity to give their views on the subject.
3 the decision on the request is taken no later than four weeks after the date of receipt.

Article 14 In cases referred to in article 14.5, third paragraph, (c) when deciding on the request from the competent organ governing bodies preferred that with the coordination referred to in article 14.9, first paragraph, is charged.

Article 14.9 (1) If on the basis of article 14.5, first paragraph, an environmental impact report must be made, in accordance with article 14.5, second paragraph, it has been decided to make one coordinated environmental impact assessment report, that report prepared and handled.
2 with the coordination is responsible for: a. If jurisdiction to take the decisions concerned rests with one governing body: that body;
b. If those decisions are taken pursuant to the law on request and the applications in question pursuant to article 14.1 coordinated can be prepared or treated: Executive Council of the province concerned;
c. in other cases: the governing body designated for that purpose under article 14.8.

Article 14.10 1 The institution responsible for coordinating promotes that when giving the article in article 7.26 7.27, seventh heading, opinions referred to take account of the interdependence of those opinions and that when taking the decisions in the preparation of which the environmental impact assessment is made, taking into account the interdependence of those decisions.
2 The institution responsible for the coordination with at least as much as possible helps ensure that:

a. of the announcements of the intention to submit an application as referred to in article 7.24 7.27 respectively article, paragraph 1, as well as by conceiving of the intention by the competent authority, as referred to in article 8.99, second paragraph, together in accordance with article 8.99, paragraph 3, shall be notified;
b. the article respectively under article 7.26 7.27, seventh heading, give opinions to be sent to the one that the environmental impact assessment;
c. the environmental impact assessment shall be sent to each of the competent bodies, to the advisors and the governing bodies, referred to in article 7.25 7.27 respectively article, paragraph 2;
d. of the environmental impact assessment in accordance with article 7.29 or 7.30 shall be notified;
e. Furthermore, application is given to article 7.32.
3. Article 14 shall apply mutatis mutandis.

Article 14.11 1 In cases where an organ with the coordination of the preparation and treatment of an environmental impact report is responsible for: a. the report can be submitted to that body;
b. can the advisors and the governing bodies, referred to in article 7.25 7.27 respectively article, second paragraph, and the Commission for their opinions on the environmental impact assessment giving opinions on the content of the report and on the report at that body;
c. can the one that uses the in article 3:15, paragraph 1, of the General Administrative Law Act in conjunction with article 7.32 opportunity to put forward its views on the report, that view at that institution.
2 If pieces with a content as referred to in paragraph 1 shall be presented or submitted to another competent authority, it shall send without delay to the institution responsible for this coordination.

Article 14.12 1 Where a decision in respect of an activity is appropriate, in the preparation of which by or under this law on the basis of the certain an environmental impact report should be created, and in respect of that activity in one or more decisions are to be taken in respect of which article 14.1 cannot be applied, at the request of the person who undertakes the activity , or on its own initiative, decided to be a co-ordinated preparation of such decisions.
2 a decision under paragraph 1 is taken: a. If jurisdiction to take the decisions referred to in the first paragraph shall be provided by one governing body: by that body;
b. in other cases: by the governing bodies which are competent to taking the relevant decisions, together.

Article 14.13 14.12 a request referred to in article 1, first paragraph, shall be submitted in writing to the competent authority at the same time as the communication referred to in article 7.24 7.27 respectively article, first paragraph. The request includes all decisions to which it relates.
2 the competent authority shall send a copy of the request to the other competent bodies.
3 a request referred to in article 14.12, first paragraph shall be granted only if the competent authority and other competent bodies agree. Article 9.1, paragraphs 2 and 3, shall apply mutatis mutandis.

Article 14.14 1 if a request referred to in article 14.12, first paragraph, is granted, does the institution empowered to take the decision in the preparation of which the environmental impact assessment should be made, as the institution responsible for the coordination.
The other institutions in question for the purposes of applying articles 7.24 to 7.26, 7.27 respectively article classified as a consultant.
(2) if in respect of the activity to which the application relates, more than one to be decided on the basis of the in the preparation of which by or under this law certain an environmental impact report should be created, when deciding on the request from the governing bodies which are competent to taking those decisions, the institution responsible for coordination with the designated.
3 The institution responsible for coordination with the bears at least as much as possible, make sure that: a. when giving the article in article 7.26 7.27, seventh heading, opinions referred to take account of the consistency of the decisions which the request relates;
b. timely consultation between the competent governing bodies, in order to ensure the best possible coordination between the decisions to be taken.
4 article 14 shall apply mutatis mutandis.

Article 14.15 With regard to the period within which the relevant decisions should be taken, article 7.32, paragraph 4 shall apply mutatis mutandis.

Article 14.16 arrange In order in Council can further be set with regard to the tasks of the institution responsible for the coordination.
Chapter 15. Financial provisions Title 15.1 Item 15.1 [expired per 01-01-1998] article 15.2 [expired per 01-01-1998] Title 15.2. Fuel consumption taxes § 15.2.1. Basis and yardstick Article 15.3 [expired per 01-01-1995] article 15.4 [expired per 01-01-1995] § 15.2.2. Taxable persons Article 15.5 [expired per 01-01-1995] article 15.6 [expired per 01-01-1993] § 15.2.3. Exemption Article 15.7 [expired per 01-01-1993] § 15.2.4. Refund regulation Article 15.8 [expired per 01-01-1995] § 15.2.5. Rate Article 15.9 [expired per 01-01-1995] § 15.2.6. Taxation and recovery Article 15.10 [expired per 01-01-1995] article 15.11 [expired per 01-01-1995] Title 15.3. Rules on providing subsidies [expired per 01-07-2015] article 15.12 [expired per 01-07-2015] article 15.13 [expired per 01-07-2015] article 15.14 [expired per 01-07-2015] article 15.15 [expired per 01-07-2015] article 18.49 [expired per 01-01-1998] article 15.17 [expired per 01-01-1998] article 15.18 [expired per 01-12-1998] article 15.19 [expired per 01-12-1998] Title 15.4. Reimbursement of costs and damages Article 15.20 (1) if the person to whom a decision is addressed under: a. Article 9.2.2.1 above, paragraph 1, read in conjunction with article 9.2.2.3, seventh heading, b. articles 10.48 or 10.52 in conjunction with one or more of the provisions referred to in (a), (c). articles 13, paragraph 1, point (b), read in conjunction with paragraph 5 of 16, or 43, paragraph 1, of the law on air pollution , d. articles 30 or 31 of the law on soil protection, see themselves as a result made for cost or have suffered damage which is not reasonably or not entirely dependent on belong to stay, the authority that the decision at first instance has given him, as far as not otherwise in a reasonable fee is or can be equipped with , at his request or on its own initiative to determine a reasonable fee.
2 the first paragraph shall apply mutatis mutandis in respect of the person who as a result of a measure referred to in article see made for cost or 17.19 thereby suffered damage, as in the first paragraph.
(3) If a decision referred to in the first paragraph is given upon request, an application for compensation be submitted after the transmission of a copy of the draft of that decision to the applicant.
4 If the authority referred to in the first paragraph a having obtained advice from experts about a request for compensation or concerning the intention to an award thereof, on its own initiative, it shall send a copy of the advice to the party concerned. The indicating the period during which the person concerned his views about the opinion.
5 a decision on a request for damage compensation shall be given as soon as possible, but not later than four months after the date on which the application was received, or, in cases as referred to in paragraph 4, no later than seven months after that date.
6 The authority referred to in the first paragraph the decision referred to in paragraph 5, once for at most two months. Of the adjournment shall be filed in a written communication.

Article 1 Article 15.26 15.20 shall apply mutatis mutandis with regard to the one on which provisions of an order in Council or a ministerial order or a regulation referred to in (a).
Article 1.2 of this law, b. 9.2.2.1 above articles and 9.2.2.6, c.
Article 9.5.2, first paragraph, d. articles 6 to 11 of the law on soil protection, application and showing them for cost tackle or suffered damage which is not reasonably or not entirely dependent on belong to stay.
2 In cases referred to in the first paragraph, the Minister shall decide on the granting of the fee, except in cases as referred to in paragraph (a). In those cases decide gedeputeerde staten.

Article 19.19 1 as far as the award of compensation is not done with the consent of the Minister, the cost thereof shall be borne by the competent authority.
2 by way of derogation from the first paragraph come in cases referred to in article 4.2, first subsection, under a, d, f or h, the law's general provisions environmental law as far as costs are incurred in connection with the provision of compensation because of the application of provisions of a provincial environmental regulation as referred to in article 1, paragraph 2, point (a) , and the provision of compensation is not done with the approval of Executive Council, the cost thereof shall be borne by the competent authority.

Article 15.23 1 by Royal Decree may, following a request of the competent authority, be made for the cost of a fee will still be granted in whole or in part at the expense of the rich.
2

Article 20 of the law on the Council of State shall apply mutatis mutandis.

Title 15.5. Fund Air pollution Article 12.14 [expired per 01-04-2008] article 15.25 [expired per 01-04-2008] article 15.26 [expired per 01-04-2008] article 18.89 [expired per 01-04-2008] article 15.28 [expired per 01-04-2008] Title 15.6. Regulatory consumption taxes Article 18.99 [expired per 01-01-1995] article 3:30 [expired per 01-01-1995] Title 15.7. Inspections Article 15.31 by or pursuant to order in Council can be asked with regard to fees for inspections referred to in (a).
9.2.2.4 article;
b. Article 9.5.1, paragraph 3 (e) and (f);
c. Article 15, paragraph 2, of the law soil protection.

Title 15.8. Deposit, return premiums Article 15.32 1 by an order in Council referred to in article 9.5.2, first paragraph, rules, a. holding an obligation for designated categories of persons at the measure that substances, mixtures or products on the market in the Netherlands measure appropriate packaging, packaging to determine a under or pursuant to the measure to charge deposit and such a packaging after use with repayment of the deposit money in;
b. holding an obligation for designated categories of persons at the measure that identified substances, mixtures or products in Netherlands, for such substances, mixtures or products to determine a under or pursuant to the measure to charge deposit and such substances, mixtures or products after use with repayment of the deposit.
2 by an order in Council referred to in article 9.5.2, first paragraph, rules, a. holding an obligation for designated categories of persons at the measure that substances, mixtures or products on the market in the Netherlands measure appropriate packaging, such a packaging after use against payment of a premium by the measure to determine in;
b. holding an obligation for designated categories of persons at the measure that identified substances, mixtures or products in Netherlands, this after use against payment of a premium to be determined by or under the measure.
(3) if application is given to the first or second paragraph, may provide that that acts by other than the referred to in paragraphs 1 and 2, at those measure designated categories of persons are to be carried out. In these cases can also be determined that likewise at the measure designated categories of persons the deposit referred to in paragraph 1, or the premium referred to in the second paragraph, in whole or in part in a manner indicated must contribute to one or more identified other individuals.
4 if application is given to the first or second paragraph, is a deadline, first at the expiry of which that rules regarding substances, mixtures or products which at the entry into force of the measure already manufactured and were present in Netherlands.

Title 15.9. Charges at municipal and provincial levels Article 15.33 1 the City Council can to combat the costs for her related to the management of household wastes set a levy, to which may be subject those who, whether or not pursuant to any business or personal law, use of a plot of land in respect of which an obligation under articles 10.21 and 10.22 to raising household wastes.
2 for the purposes of the first paragraph shall: a. make use of a plot by members of a household deemed use by the by the in article 231, second paragraph, part b, of the Gemeentewet municipality official referred to appropriate member of that household;
b. use by the person to whom a part of a parcel of land in use, classified as use by the person who has given that part in use, it being understood that the person who has given the part in use, is competent to recover the levy as such on the person to whom that part is in use;
c. the provision of a plot of land for use by the person who timely follow use classified as that plot made it available, it being understood that the one that the plot made it available to the charge, as such stories on the person to whom the parcel was made available.
3 under the costs referred to in the first paragraph include the sales tax that the VAT compensation fund under the law on entitlement to a contribution from the Fund.
4 with respect to these charges articles 216 to 219 and 257 of the 230 to municipal law shall apply mutatis mutandis.

Article 10.18 1 as far as costs are incurred in connection with the provision of compensation under article 4.2, first paragraph, under (a), (d), (f) or (h) of General provisions the law environmental law or article 15.21, first paragraph, point (a) of this law, because of the application of provisions of a provincial environmental regulation as referred to in article 1, paragraph 2, point (a) , provincial States to combat that cost set a levy in respect of tapping groundwater.
2 the charge is levied by holders of establishments, used to tapping of groundwater, including establishments not understood which only serve to controlling the free water table or of the riser height of ground water.
3 In the regulation establishing the charge can be determined that the charge is levied by holders of premises referred to in the second member in one or more areas of protection as referred to in chapter VI, paragraph 2, of the law on soil protection, or of holders of such establishments in the whole province.
4 As basis for levying applies the extracted amount of water.
5 to set up a charge shall be made within one year of the decision granting the compensation referred to in paragraph 1 has been granted, in accordance with article 20.3 has entered into force.
6 the charge is levied annually for a maximum period of 10 years. In the regulation establishing the charge can be determined that the charge at the request of the heffingplichtige for the at the time of the submission of the application not yet commenced years over which the tax is levied, all of a sudden can be met according to a in the regulation control.
7 Chapter XV of the provincial law shall apply mutatis mutandis.

Title 15.9 (A). Rights Article 10.18 (a) with regard to decisions to grant, amendment or withdrawal of an authorisation or derogation provided under this law, no duties.

Title 15.10. Afvalbeheersbijdragen Article 18.99 for the purposes of this title and the-based provisions, the following definitions shall apply: afvalbeheersbijdrage: contribution towards the costs of the management of a waste;
agreement on a afvalbeheersbijdrage: written agreement between those who enter a substance, mixture or product in Netherlands or placing on the market, to the payment of a afvalbeheersbijdrage.

Article 16.29 1 our Minister may, if that is in the interests of an effective waste management, further to a reasoned request, after consultation with our Minister of Economic Affairs an agreement on declaring a afvalbeheersbijdrage for that matter, that blends or enter or in Netherlands that product on the market.
2 the Minister shall adopt rules regarding the topics covered in each case in an agreement on a afvalbeheersbijdrage, for which a generally binding declaration is requested, the next item, and in respect of the application referred to in paragraph 1 to submit the data. To that data include data, which clearly is that reasonably sought to prevent users of that substance, that blends or that product in practice more than once a contribution for its management will be payable.

Article 17.89 1 a request referred to in article 15.36 can be presented only by those who or organizations of those who with regard to the combined turnover of the relevant substances, mixtures or products, in the opinion of the Minister a significant majority of those who enter these substances, mixtures or products in Netherlands or on the market. Our Minister involved in his judgment with regard to the question of whether those who or the organizations of those who have submitted the request, a significant majority, at least the number of them in relationship to the total number of those who enter these substances, mixtures or products in Netherlands or on the market.
2 On the preparation of a decision on the request is section 3.4 of the General Administrative Law Act apply. Views can be put forward by each one.
(3) If a decision cannot be taken after compliance with one from a bound Netherlands Treaty or a bound Netherlands for decision of an obligation under international law organization, the time limit for taking that decision in force in respect of that obligation shall be suspended until the procedure is finished. The suspension shall be notified to the applicant.

4 If, on an agreement on a afvalbeheersbijdrage decision is declared generally binding, the text of the agreement in the Government Gazette.

Article 15.38 1 our Minister may by a generally binding stated agreement on a afvalbeheersbijdrage on a request, after consultation with our Minister of Economic Affairs, may grant an exemption if the applicant takes care of such a management of the waste in question that this, in the opinion of our Minister at least equivalent to the management in accordance with the relevant agreement on a afvalbeheersbijdrage decided to extend to other producers.
(2) an exemption may be granted under restrictions. To an exemption rules can be connected.
3 under the first member granted An exemption may, of its own motion or on request be amended or withdrawn. Article 15.39, second paragraph, shall apply mutatis mutandis, it being understood that for the in part (b) of that paragraph, shall replace important: it no longer meet the requirement referred to in paragraph 1 of this article.
4 On the preparation of a decision as referred to in the first and third paragraphs, article 17.89, second to fourth member shall apply mutatis mutandis. Our Minister shall inform the holder of the exemption, except in cases where this to modification or withdrawal requests, its intention to amend or revoke them in knowledge, before taking a decision.

Article 15.39 16.29 A decision under article 1, paragraph 1, applies to a specified period not exceeding five years.
2 our Minister may a decision under article 16.29, paragraph 1, after consultation with our Minister of Economic Affairs withdraw, if: a. the information provided on this subject in such a way are incorrect or incomplete, that upon the request another decision would be taken as the correct information in the assessment thereof had been known;
b. on the basis of a change of circumstances or insights occurred after taking the decision, it must be held that the force of the decision the importance of an effective waste management would harm in an unacceptable manner;
c. a bound Netherlands bound for Netherlands Treaty or a decision of an international organization, or rules for its implementation, to oblige.
3 before taking a decision under article 16.29, first paragraph, points (a) on the basis of the second paragraph, revoke, set Our Minister for those who have done the request for generally binding declaration, the opportunity to put forward their views.
4 On the preparation of a decision to withdraw a decision under article 16.29, paragraph 1, on the basis of the second paragraph, (b) or (c), article 17.89, second to fourth member shall apply mutatis mutandis.

Article 15.40 each one is to comply with a current agreement on a afvalbeheersbijdrage which it has been decided to held in front of everyone else, that comply with a reasonable interest.

Article 15.41 if one or more of those who enter a substance, mixture or product in Netherlands or placing on the market, for which an agreement on a afvalbeheersbijdrage has been declared generally binding, the suspicion is well founded by one or more others deem that one or more of the provisions from which it has been decided to extend that agreement are not met, they may with a view to setting up a legal claim under article 15.40 to our Minister requests an investigation set up do. The inspector shall inform the research in and brings to our Minister a report of what the investigation has shown. Our Minister, the report made available to the person or persons, who have asked the investigation.

Title 15.11. Financing of care for closed landfills Article 15.42 In this title and the provisions based thereupon «landfill», «closed dump dump» and «business» means which include in section 8.2.

This title shall not apply to article 15.43 landfill where dredged material is deposited and that are driven or contributed are driven by Our Minister of transport.

Article 18.89 1 Provincial States shall a charge in to combat the cost involved will be: a. referred to in article 8.49 care for the province located landfills;
b. a province in force for the relevant obligation to payment to a fund referred to in article 15.48;
c. the province inventory of places where wastes are deposited and where that deposit before 1 september 1996 has ended, and the research and systematic control of presence, nature and extent of any pollution there.
2 The charge referred to in paragraph 1 may cover the costs with the coverage of the liability referred to in article 176 of book 6 of the civil code.
3 with respect to the charge and recovery articles 227 to 232h of the provincial law shall apply mutatis mutandis.

Article 1 the charge is levied by the one that 15.45 a landfill.
2 the amount of charge is such a way that from the proceeds of the charge and the interest income and investment income obtained on that the cost can be contested, which is expected will be involved with the implementation of the third and fourth paragraph in article 8.49, aftercare plan that referred to Executive Council have agreed or, if no aftercare plan, the data referred to in article 8.49 , paragraph 1, which referred to care for landfill. If, after the adoption show that the yield of the levy higher or lower than the amount needed to fight the cost which is expected with that care of that landfill will be involved, the amount of the levy be set again. The amount already paid is deducted from the levy.
3 by way of derogation from the second paragraph, the tax in respect of the non-business dumps in the province concerned are established on the basis of the quantity and nature of the waste generated at the landfill have been issued. Such a way that the amount is the sum of the proceeds of the charge and the interest income and investment income on that obtained for the non-business dumps in those County the cost can be contested which is expected will be involved with the care for those landfills. The costs referred to in the second sentence, be calculated taking into account the applicable for those landfills aftercare plans with which Executive Council have agreed.
4 the third paragraph shall not apply to landfills where dredged material deposited.

Article 15.46 1 Executive Council may provide that those who drive a dump, which article 15.45, paragraph 3, does not apply, financial security for the fulfilment of the under articles 18.89, first paragraph, under (a), and 15.45 relevant obligation. It is in any case indicated the amount for which the security at the most should be held.
2 the obligation to maintain financial security shall lapse on the date when any amount of levy, referred to in article 15, paragraph 2, is paid for, as far as it concerns the portion that corresponds to the amount that has been paid.
3 Executive Council can take on the story, as far as the one providing the security, the amount of the charge, as established pursuant to article 15, paragraph 2, has not paid.
4 pursuant to the third paragraph to the Executive Council can recover amount stories at injunction.
5 by order in Council may be asked as to how financial security.

Article 15.47 1 Executive Council of a province for their province of a Fund, for use in the article the closed landfills care referred to 8.49.
2 by way of derogation from the first paragraph can Executive Council of different provinces jointly for their provinces establish a Fund as referred to in the first paragraph.
3 Fund is A legal entity.
4 Executive Council of the province or provinces concerned are responsible for the management of the province or provinces in their active Fund.
5 a Fund receives yearly: a. the proceeds of the levy referred to in article 18.89, reduced by the amount against the costs related to the first paragraph in article 18.89, acts and referred to the portion of the levies referred to in article 15.48, second paragraph;
b. the amounts under article 15.46, paragraph 3, be recovered;
c. interest income and investment income from the Fund;
d. the positive balance of the last closed the account of the Fund.
6 a fund is also entitled to other amounts, for use in the care referred to in article 8.49, than those referred to in paragraph 5, to accept it.
7 from the Fund will only be contested the charges that: a. are made in connection with the performance of the concern in relation to referred to in article 8.49 closed landfills in the county or counties;
b. are connected with the work of the Fund in the relevant province or provinces is working;

c. be made to cover the liability referred to in article 176, paragraph 4, of book 6 of the civil code, only to the extent referred to in article 18.89 imposition on these costs.
8 under the costs referred to in paragraph 7, are not understood the costs related to the care referred to in article 8.49 for closed landfills are made by the relevant province or provinces to conduct its administrative systems.

Article 15.48 1 Executive Council of provinces may jointly establish a fund to cover major financial risks related to the care for referred to in article 8.49 closed landfills.
2 The Fund referred to in the first paragraph shall receive annually from those provinces a by the management of that Fund portion of the levies referred to in article paid to those provinces 15.45.
3 of article 15.47, are the third and fourth member, as well as the eighth member, in connection with paragraph 7, point (b) shall apply mutatis mutandis.

15.49 article 1 in respect of damage caused by a landfill, which has become known after the time at which a declaration as referred to in article 8.47, paragraph 3, with respect to that landfill is issued, does neither a province nor the Fund referred to in this title, a job on the liability of the person who last dump has driven on the basis of article 176 , fourth paragraph, of book 6 of the civil code.
(2) if the last a landfill has driven, for which a declaration as referred to in article 8.47, paragraph 3, is issued is liable for the damage caused by those landfill on the basis of article 176, paragraph 4, of book 6 of the civil code, the person against whom such liability exists, are entitled to compensation applicable to the Fund referred to in this title that in the relevant province.

Title 15.12. Financial incentives Article 15.50 1 our Minister may grant benefits to persons who as a result of exposure to asbestos malignant mesothelioma or asbestosis has been determined and who are not eligible for a benefit on the basis of the related framework law of SOCIAL grants.
2 the Minister shall adopt detailed rules for the application of paragraph 1.

Title 15.13. Cost equalization reduction CO2 emissions greenhouse horticulture Article 15.51 1 on devices: a. only or mainly are used to growing crops under a permanent rebellion of glass or plastics, or b. Commission are used to growing crops under a permanent rebellion of glass or plastic with a minimum size of 2 500 m2, is a system of equalisation of costs associated with the crossing in a calendar year for those establishments jointly for that calendar year set amount of CO2 emissions.
2 the first paragraph shall not apply to establishments: a. exclusively or mainly intended to grow edible mushrooms or chicory referred to in that paragraph under a rebellion, or b. which title 16.2 applies.
3 the Minister shall, in accordance with our Minister of Economic Affairs, agriculture and innovation, the amount of emissions referred to in the first paragraph. The decision establishing that amount of emissions is published in the Government Gazette.

Article 18.99 where the quantity of emissions, referred to in article 15.51, first paragraph, is exceeded, is the one that an establishment covered by article 15.51 drives a fee payable to our Minister. In order in Council sets the height of that fee or the manner of calculating the amount of that fee.

Article 13.43 by or pursuant to order in Council are detailed rules for the implementation of articles 15.51 and 18.99.
Chapter 16. Trade in emission rights Title 16.1. General article 16.1 1 In this chapter and the provisions based thereupon: EU emissions trading registry: registry referred to in article 4 of the regulation EU emissions trading registry;
year freight: total quantity of an emission during a calendar year;
national allocation decision: decision as referred to in article 16.24, first paragraph;
assigned unit: unit as referred to in article 3 (6) of the Regulation EU greenhouse gas emission trading registry (AAU);
tonne-kilometres: ton cargo, transported over a distance of one kilometre, where under load means the total mass of baggage, passengers, mail and freight that occurred during a flight on board an aircraft;
tonne-kilometre data: data concerning the extent of an aviation activity listed in annex I to the EC directive greenhouse gas emission trading,
removal unit: unit referred to in article 3 of the regulation, under 10, EU emissions trading registry (RMU).
2 for the purposes of title 10.1 and the-based provisions, the following definitions shall apply: greenhouse gas installation: stationary technical unit, in which one or more activities are carried out, which cause an emission of a greenhouse gas into the air and that belong to a category that in relation to the greenhouse gas in order in Council in question is appropriate, as well as other activities linked to the first activities are directly linked and thus have a technical connection and which could have an impact on the emission of the greenhouse gas into the air.
3 for the purposes of section 16.2.1 section 16.2.2 respectively: emissions report: report on the emissions in a calendar year, as referred to in article 67 and annex X of the regulation monitoring and reporting emissions trading;
trading period: the period referred to in article 3 (2) of the regulation monitoring and reporting emissions trading;
monitoring plan: plan as referred to in article 12 and annex I of the regulation monitoring and reporting emissions trading;
Verifier: Verifier as referred to in article 3 (3) of the regulation, under verification and accreditation emissions trading;
verification: activities carried out in accordance with the Regulation by a verifier verification and accreditation emissions trading a verification report.

Title 16.2. Greenhouse gas emissions and greenhouse gas emission allowance trading Section 16.2.1. Paragraph 16.2.1.1 establishments. General article 16.2 1 this section shall apply to establishments where one or more greenhouse gas installations.
2 an emissions of a greenhouse gas in the air is expressed in tonnes of carbon dioxide equivalent.
3 for the purposes of this section, under fuel consumption and resource consumption means the consumption of fuels, or the use of raw materials, to the extent that consumption or use, probably will lead to emissions of a greenhouse gas.

Article 16.2 a 1 this section shall, with the exception of section 16.2.1.3, also apply to the transport of CO2 (CCS).
2 for the purposes of this section on the transport of CO2 (CCS) «the one who drives the décor» shall mean the natural or legal person who carries out the transport activity or to whom decisive economic power over the technical functioning of a decisive that activity has been transferred.

Article 16.2 b 1 articles 16.24 to 16.30 (a) shall apply mutatis mutandis to establishments in accordance with article 27, paragraph 1, of the EC directive greenhouse gas emission allowance trading scheme are excluded from the system of greenhouse gas emission allowance trading.
2 the first paragraph applies with effect from 1 January of the first calendar year of the relevant trading period.
3 If an establishment in accordance with article 27, paragraph 3, of the EC directive is again included in the greenhouse gas emission allowance trading system of greenhouse gas emission allowance trading scheme because the emissions by that establishment in article 27, paragraph 1, of that directive exceed quantity, is the first Member no longer applies and is this section, with the exception of article 16.37 , on that establishment apply from 1 January of the calendar year following the calendar year in which the facility no longer meets the conditions for exclusion. Article 16.37 shall apply from 1 January of the second calendar year following the calendar year in which the facility no longer meets conditions referred to.
4 If an establishment in accordance with article 27, paragraph 3, of the EC directive is again included in the greenhouse gas emission allowance trading system of greenhouse gas emission allowance trading scheme because the measures an equivalent contribution to emission reduction, no longer apply, is the first Member no longer applies and is this section, with the exception of article 16.37, on that establishment apply from the day following the day on which measures have expired. Article 16.37 shall apply from 1 January of the calendar year following the calendar year in which measures have expired.

Article 16.3 Under establishments referred to in article 16.2, first paragraph, include establishments within the Dutch exclusive economic zone.

Article 16.4


An amendment to the EC directive greenhouse gas emission allowance trading scheme or a annex to that directive for the purposes of this title are current as of the date of execution must be given to the relevant change, unless by a decision of the Minister, which shall be published in the Government Gazette, a different time is fixed.

Article 10.2 (a) 1 the Board of the emission authority shall ensure that all decisions and reports related to the quantity of allowances and the allocation of such limits among and with the monitoring, reporting and verification of emissions without delay appropriately disclosed to the public.
2. Article 10 of the Act shall apply mutatis mutandis.

Section 16.2.1.2. License Article 16.5 it is forbidden without authorization of the Board of the emission authority a device to have.

Article 16.6 1 in or under order in Council are rules with regard to the way in which the application for a permit must be carried out, the data and the documents which must be provided by the applicant for the purposes of the decision on the application, and the way in which such data are to be obtained.
2 by the measure is in any case determined that the applicant is a monitoring plan, as well as in article 12, paragraph 1, of the regulation monitoring and reporting emissions trading submits supporting documents referred to in the request.
3 our Minister may make for the purposes of the detailed rules in accordance with paragraph 1 or 2.

Article 16.7 the Board of the emission authority decide within four months on the request for development consent.

Article 16 1 the Board of the authority shall forward the emission monitoring plan that has been filed with the application for a permit pursuant to article article 10.3, to the governing body that for the design to which the application refers, is competent to grant an environmental permit, or, in the case for furnishing it in article 40, paragraph 2, of the mining prohibition contained , Our Minister of Economic Affairs.
2 the Board of the emission authority shall inform the other concerned governing body, referred to in paragraph 1, for four weeks in the opportunity to give its opinion on the monitoring plan in order to ensure the consistency between this plan and the environmental permit or licence concerned, referred to in article 40 of the mining, or the application for an environmental permit or licence concerned as referred to above.

Article 10.5 the Board of the emission authority shall decide on the request that no fight with rules that apply with respect to the establishment, be lodged with the regulation monitoring and reporting emissions trading or by or pursuant to this chapter, Chapter 8 of this law or the chapters 2 and 3 of the law general provisions environmental law.

Article 16.10 the authorisation shall be refused if the monitoring plan which does not meet the requirements at or under the regulation monitoring and reporting emissions trading, this chapter or, where applicable, article 24, paragraph 3, of the EC directive greenhouse gas emission allowance trading scheme have been made or if regulation referred to by providing otherwise would arise with installation rules that apply made to the regulation, monitoring and reporting emissions trading or by or pursuant to this chapter, or if the Board of the emission authority considers that insufficient guarantees that the applicant is capable of monitoring plan properly.

16.11 article 1 In a permit is clearly indicated to which it relates. The authorisation shall indicate the name and address of the person making the installation to which the permit relates.
2 the monitoring plan makes at least part of the license. The other components of the application for the permit are part of the license, to the extent that the permit is indicated.

Article 16.11 (a) [expired per 12-04-13] article 16.12 a ministerial order may be made for the implementation of the monitoring and reporting emissions trading Regulation and with regard to: a. the monitoring of emissions;
b. the emissions report;
c. persons other than the holder of the authorization under article article 16.5, which are involved in the implementation of the monitoring plan.

16.13 article 1 The licensee changes the monitoring plan as soon as possible, if: a. amend the regulation monitoring and reporting emissions trading to this end;
(b) the rules laid down pursuant to articles 16.6 or due regard being paid to 16.12;
c. the Board of the emission authority so requests.
2 the holder of the authorization shall submit at the request of the Board of the emission authority the most current version of the monitoring plan.

Article 16.13 (a) 1 a ministerial order pursuant to this paragraph rules be set with regard to reporting to the Board of the emission authority of: a. the end in full, in part or temporarily the operation of a greenhouse gas installation;
b. the resumption of production after termination of the operation of a greenhouse gas installation;
c. a significant reduction of the capacity of a greenhouse gas installation.
2 a ministerial order may be determined pursuant to this paragraph that also other acts or circumstances to the Board of the emission authority must be reported.
3 a ministerial order may also be made with regard to approving rules of changes of the monitoring plan.

Article 16.14 a ministerial order may be made for the application of the regulation rules verification and accreditation emissions trading.

Article 4:15 the Board of the authority shall forward the other emission bestuurorgaan, referred to in article 16, paragraph 1, a copy of the report drawn up for the establishment concerned emission and its verification report.

Article 19.99 1 the Board of the emission authority can not later than 30 september of the calendar year in which the emissions report in accordance with article 67 of the regulation, monitoring and reporting emissions trading must be submitted, see that this report does not meet the requirements that to that regulation or by or pursuant to this chapter. The Board of the emission authority may postpone the decision for not more than three months. Of the adjournment is for the time mentioned in the first sentence written communication to the person who submitted the emissions report. The notifications shall include the reason for the adjournment.
2 the Board of the emission authority can after the time referred to in the first paragraph, or, if application has been given to the second sentence of that paragraph, after the time with application of that sentence is fixed still determine that the emissions report does not meet the requirements that the regulation monitoring and reporting emissions trading or made under or pursuant to this chapter If: a. the person who in accordance with article 67 of the regulation in the governance of the emission authority an emission report, that report has provided inaccurate or incomplete information and provision of correct or complete information would have led to the establishment of another year freight, b. the emissions report otherwise was incorrect and the person concerned knew or should have known.
3 jurisdiction, referred to in paragraph 2, shall expire ten years after the end of the calendar year referred to in paragraph 1.

Article 20.00 Before the Board of the emission authority application gives to article 70, paragraph 1, of the regulation monitoring and reporting emissions trading, the the one, which, under article 67 of the said regulation the emissions report has been submitted or to be submitted, had the opportunity to put forward its views.

Article 16.18 1 the Board of the emission authority shall, on request, to any person free of charge gives access to and provided for a fee not exceeding the cost an instance of an emissions report that is submitted to him.
2 the Board of the emission authority gives prior notice of the possibility of access to and the availability of the emissions report. The notification is made in such a way that the intended purpose is achieved as effectively as possible.

Article 16.19 (1) a permit issued for an establishment applies to anyone who drives the device. This shall ensure that the monitoring plan is complied with.
2 the holder of the authorization reports to the Board of the emission authority a change of name or address of the holder of the authorization or, if this is a different, of the person making the installation.

Article 16.20 1 the Board of the emission authority may amend or supplement the authorization, the related regulations or rules to change, add or withdraw the authorization, if in his opinion is necessary in the interests of the proper functioning of the system of emissions trading.
2 in respect of the judgment relating to articles 10.4, 10.4 and 10.5 shall apply mutatis mutandis.
3 In a case referred to in article 16.19, second paragraph, change the governance of the emission authority the permit issued in accordance with the notification.

Article 16.20 a 1 at the request of the holder of the authorization may the Board of the emission authority the permit and the associated rules or rules to change, add or revoke the permit.
2 in respect of the judgment relating to articles 16.6 to 16.12 shall apply mutatis mutandis.


Article 16.20 (b) 1 the Board of the emission authority shall review at least every five years or the authorization, the authorization license rules and the connected part monitoring plan still correct and complete, and given the article 14 of the Regulation monitoring and reporting emissions trading and listed in article 16.18 changes and developments.
2 in respect of the judgment relating to the contents of the rules and articles 16.6 to 16.12 and 16.20, first paragraph, shall apply mutatis mutandis. The Board of the emission authority can also change the license part monitoring plan as far as the assessment, referred to in paragraph 1, to this end requires.

Article 16.20 c 1 the Board of the emission authority can revoke a permit if: a. with regard to the establishment of the law under article 2.33 General provisions environmental law taken decision has entered into force;
b. This section no longer at the facility.
2 the obligation to submit an emissions report referred to in article 67, paragraph 1, of the regulation monitoring and reporting emissions trading continues in respect of the calendar year in which the decision to withdraw an authorisation goes into effect, after revocation of the authorisation on the last holder thereof rest until that obligation is met.

16.21 Article 1 under or pursuant to order in Council may with respect to establishments for which the prohibition contained in article article 16.5, and belonging to a category designated respectively under the measure, at rules, which are necessary in the interests of the proper functioning of the system of emissions trading. Respectively under the measure can be determined at that time under the measure rules only apply respectively in that categories of cases.
2 by the measure with regard to topics that provide that the Board of the emission authority in granting license or change its rules can connect. Article 8.42 a shall apply mutatis mutandis.

16.22 article [expired per 01-07-2012] section 16.2.1.3. Assigning and granting of greenhouse gas emission allowances Sub-paragraph 16.2.1.3.1. The auctioning of greenhouse gas emission allowances free of charge and assign Article 16.23 1 in accordance with article 10 and, where appropriate, Article 29bis of the EC directive greenhouse gas emission allowance trading scheme for greenhouse gas emission allowance trading in accordance with this paragraph are not be assigned free of charge, auctioned.
2 can a ministerial order rules for the implementation of Council Regulation (EU) No. 1031/2010 of 12 november 2010 on timing, administration and other aspects of the auction of greenhouse gas emission allowances in accordance with Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community (Oj L 302).

Article 1 without prejudice to article 16.18 16.24 per trading period the Minister decides on the free allocation of greenhouse gas emission allowances.
2 the national allocation decision contains at least: a. a list of all devices that, by 30 June 2011, are licensed on the basis of article article 16.5;
b. the numbers greenhouse gas emission allowance trading under this paragraph for each calendar year within the trading period be assigned free of charge for establishments that are included on the list, referred to in point (a);
c. the numbers for greenhouse gas emission allowance trading system that establishments in accordance with article 27, paragraph 1, of the EC directive greenhouse gas emission allowance trading scheme at the European Commission have been reported for exclusion of greenhouse gas emission trading system are assigned under the condition that: 1 °. the European Commission on the basis of article 27, paragraph 2, of that directive within the period referred to in that paragraph objections against the proposed exclusion;
2 °. the establishment, after to have been excluded from the system of greenhouse gas emission allowance trading scheme, in accordance with article 27, paragraph 3, of that directive in that system.
3 free allocation of greenhouse gas emission allowances for establishments that are included on the list, referred to in paragraph (a), shall be undertaken in any event place for the production of heat or cooling by: a. district heating and b. high efficiency cogeneration referred to in article 3 of Directive 74/60/EEC. 2004/8/EC of the European Parliament and of the Council of the European Union of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (Oj L 52) for a economically justifiable demand referred to in article 3 (c) of that directive.
4 The free allocation shall be made in accordance with the implementing measures that the European Commission on the basis of article 10A, paragraph 1, of the EC directive greenhouse gas emission allowance trading.

16.25 the calculation of the numbers of greenhouse gas emission allowances with a view to free allocation shall be made in accordance with the implementing measures that the European Commission on the basis of article 10A, paragraph 1, of the EC directive greenhouse gas emission allowance trading.

Article 16.25 16.35 at the calculation referred to in article 9 of the EC directive greenhouse gas emission allowance trading scheme, applied linear factor referred to as far as the implementing measures referred to in article 16.25 require.

Article 16.27 1 of the for the trading period beginning on 1 January 2013, with a view to free allocation in 2013 80% greenhouse gas emission allowance trading scheme is calculated quantities assigned free of charge, after which the free allocations per calendar year in equal steps be reduced to 30% of the calculated numbers greenhouse gas emission by 2020. In the national allocation decision for the trading period beginning on 1 January 2021 is of the greenhouse gas emission allowance trading scheme eventually in 2027 0% assigned free of charge.
2 by way of derogation from the first paragraph, in the case of an industry or a (sub) sector which, in accordance with article 10A, 13th paragraph, of the EC directive greenhouse gas emission allowance trading scheme is supposed to be exposed to a significant risk of carbon leakage for the trading period beginning on 1 January 2013 of the greenhouse gas emission allowance trading 100% for that case calculated numbers assigned free of charge.
3 by way of derogation from the first member of the greenhouse gas emission allowance trading for a trading period numbers are calculated for establishments referred to in article 16 b, first paragraph, 0% assigned free of charge.

Article 16.17 No free allocation of greenhouse gas emission allowances takes place for: a. the generation of electricity, except where the electricity is produced with residual gases;
b. electricity generators as referred to in article 3, of you, of the EC directive greenhouse gas emission allowance trading scheme, unless it concerns an activity referred to in article 16.24, third paragraph, or unless in the implementing measures referred to in article 16.25, otherwise it is provided;
(c) the capture of CO2 in order to transport and geological storage in a storage site as referred to in article 3, under 3, of Directive 74/60/EEC. 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 (Oj L 140) for which under Chapter 3 of that directive, the transport of CO2 with a view to such stores as well as the geological storage of CO2 on such storage location.

Article 16.29 a ministerial order rules may be set with regard to: a. the free allocation of greenhouse gas emission allowances;
b. the submission of data for the purpose of that allocation;
(c) the verification of the required data;
d. the calculation of the number of greenhouse gas emission allowances with a view to that assignment.

Article 4:30 1 On the preparation of the national allocation decision is section 3.4 of the General Administrative Law Act apply.
2 Views can be put forward by each one.
3 the national allocation decision is adopted and published not later than 12 weeks after the storage and display of the draft of the decision to be taken and at least 15 months before the start of the trading period.
4 by way of derogation from article 3:41, paragraph 1, of the General Administrative Law Act is the established national allocation decision disclosed by notification of the decision in the Official Gazette. The national allocation decision will also be sent to the European Commission.

Article 4:30 a 1 if the national allocation decision following the review by the European Commission in accordance with articles 10A, paragraph 5, 11, paragraph 3, and 27, first and second paragraph, of the EC directive greenhouse gas emission allowance trading does not need to be changed, shall be notified in the Official Gazette.
2 If the national allocation decision following the assessment referred to in the first paragraph needs to be modified, in whole or in part, our Minister for the national allocation decision once again after it processes the changes proposed by the European Commission with regard to:

a. the application of a uniform correction factor referred to in article 10A, fifth paragraph, of the EC directive greenhouse gas emission trading,
b. the refuse on the basis of article 11, paragraph 3, of the directive referred to in point (a) of 1 °. recording of a device on the list referred to in article 16.24, second paragraph, point (a);
2 °. allocation of greenhouse gas emission allowances for a device as referred to in 1 ° or the number of allocated greenhouse gas emission allowances free of charge for such a device;
c. exclusion of greenhouse gas emission trading system of establishments which have been reported in accordance with article 27, paragraph 1, of the EC directive and the greenhouse gas emission allowance trading allocation of greenhouse gas emission allowances for those establishments.
3. Article 4:30, first to third paragraphs shall not apply. Article 16, paragraph 4, first sentence, shall apply mutatis mutandis.

Article 19.95 1 if the administrative litigation section of the Council of State in application of article 20.5 (a) an order has done, change Our national allocation decision Minister in accordance with that statement. On the preparation of the decree amending the national allocation decision is section 3.4 of the General Administrative Law Act does not apply.
2 The decision amending the national allocation decision is made within ten weeks of the day on which the order referred to in article 20.5 a, in public is pronounced.
3 for the purposes of this chapter replaces a with application of the first national allocation decision changed the original member national allocation decision.

Article 16.32 1 the one that drives a device, which can be classified as newcomer as referred to in article 3 (h) of the EC-directive greenhouse gas emission allowance trading, our Minister requests for free allocation of greenhouse gas emission allowances. The allocation shall be made in accordance with article 10A, paragraph 7, and on the basis of that paragraph rules laid down by the European Commission and, if it concerns an activity that under article 24 of that directive in the system of greenhouse gas emission allowance trading scheme is included, in accordance with article 24, paragraph 2, of that directive.
2, paragraph 3, articles 16.24 and 16.25 to 16.29 shall apply mutatis mutandis.
3 A decision taken on the basis of the first paragraph on the free allocation of greenhouse gas emission allowances shall be sent to the European Commission. Transmission takes place at the same time or as soon as possible after transmission of the decision to the applicant.
4 If the decision following the review by the European Commission in accordance with article 10A, paragraph 1, of the EC directive implementing measures adopted emissions trading scheme does not need to be modified, shall be communicated to the applicant.
5 If the decision following the assessment referred to in paragraph 4 should be amended in whole or in part, change our Minister the decision taking into account the changes proposed by the European Commission.
6 can a ministerial order rules as to how a request as referred to in paragraph 1 is done and can be made as to the procedure detailed rules with respect to the treatment of such a request.

Article 1 in accordance with article 10A 16.33, seventh paragraph, of the EC directive greenhouse gas emission allowance trading scheme for greenhouse gas emission allowance trading in the reserve for newcomers who are not assigned free of charge, auctioned. Takes into account the extent to which establishments have been able to make use of this reserve.
2. Article 16.23, second paragraph, shall apply mutatis mutandis.

Article 16.33 (a) if the European Commission on the basis of article 24A of the EC directive greenhouse gas emission allowance trading has adopted implementing measures, a ministerial order lines are set with regard to the allocation and issue of greenhouse gas emission allowances free of charge for projects that reduce greenhouse gas emissions but this title does not apply. These rules meet these implementing measures.

Article 19.99 it is forbidden to act in breach of articles 37 to 42 of Regulation (EU) No. 1031/2010 of 12 november 2010 on timing, administration and other aspects of the auction of greenhouse gas emission allowances in accordance with Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community (Oj L 302).

Subparagraph 16.2.1.3.2. Modification of allocation decisions Article 19.99 (a) if the European Commission on the basis of article 10A, 13th paragraph, of the EC directive greenhouse gas emission allowance trading within the list of sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage, modifying, and the sectors or sub-sectors which are located in Netherlands, change our Minister a decision taken in accordance with this section on free allocation of greenhouse gas emission allowances in accordance with the implementing measures taken by the European Commission on the basis of article 10A , first and thirteenth Member, of that directive. The articles 16.24, third paragraph, and 16.25 to 16.29 shall apply mutatis mutandis.

Article 19.99 b 1 A decision taken in accordance with this section on free allocation of greenhouse gas emission allowances may, in accordance with the implementing measures that the European Commission on the basis of article 10A, paragraph 1, of the EC directive greenhouse gas emission allowance trading scheme, be amended or withdrawn: a. If the operation of a greenhouse gas installation is terminated unless the licensee proves to the satisfaction of the Minister that the production will resume within a specific and reasonable time , b. If the operation of a greenhouse gas installation temporarily ends, c. If the operation of a greenhouse gas installation partially terminated, d. If the capacity of a greenhouse gas installation significantly reduced, or e. If the circumstance, referred to in (c) has ceased to exist, in whole or in part.
2 for the purposes of the first paragraph, point (a) is the operation of a greenhouse gas unit shall be assumed to be completely terminated when the authorisation referred to in article article 16.5, for the establishment concerned has been revoked or if the greenhouse gas installation technically can no longer work or in operation.
3 a ministerial order may rules for the application of this article.
4 articles 16.25 to 16.29 shall apply mutatis mutandis.

Article 19.99 c 1 A decision taken in accordance with this section on free allocation of greenhouse gas emission allowances can also be amended or revoked if: a. the person making the installation, incorrect or incomplete information and provision of correct or complete information would have led to a different decision, or b. the decision otherwise was incorrect and the one that the installation , this knew or should have known.
2 The articles 16.25 to 16.29 shall apply mutatis mutandis.
3 A decision on free allocation of greenhouse gas emission allowances can no longer be withdrawn or to the detriment of the establishment concerned be changed if eight years have passed since the day on which the decision is made public.

Article 19.99 (d) in the case of withdrawal or amendment under article 19.99 b or article 19.99 c can be determined that the withdrawal or amendment terugwerkt to a time determined by that decision.

Article 19.99 e On the preparation of a under article 19.99 a, 19.99 b or 19.99 decision taken as far as such a decision (c) amends the national allocation decision, article 16, paragraph 4, of this law and section 3.4 of the General Administrative Law Act does not apply.

Subparagraph 16.2.1.3.3. The granting of greenhouse gas emission allowance trading scheme for greenhouse gas emission allowance trading in accordance with article 53 Article 20.00 1 of the regulation EU register trade in emission rights granted to the person making the installation. Provision of greenhouse gas emission allowances shall be applied only if the establishment concerned an authorisation provided for in article 10.3, is granted.
2 the Board of the emission authority provides for an establishment covered by article 16.32, first paragraph, the number of greenhouse gas emission allowances that in accordance with that Member to that establishment is assigned. The first paragraph, second sentence, shall apply mutatis mutandis.

Article 20.00 a 1 at the request of the person who grants the Board a installation of the emission allowance trading authority that are valid from 1 January 2013 to replace emission reduction units and certified emission reductions issued for: a. for 1 January 2013 realized emissions reductions from project activities in the framework of the mechanism of joint implementation, referred to in article 6 of the Kyoto Protocol or the clean development mechanism, referred to in article 12 of the said protocol;
b. on or after 1 January 2013 realized emissions reductions from project activities referred to in point (a) which are registered before that date.

2 at the request of the person who grants the Board a installation of the emission allowance trading authority that are valid from 1 January 2013 to replace certified emission reductions issued for emission reductions from project activities under the clean development mechanism, referred to in article 12 of the Kyoto Protocol, which on or after 1 January 2013 are registered in a country that at the time of that registration was recorded on the because of the United Nations issued list of least developed countries.
3 paragraphs 1 and 2 shall not apply to project activities by: a. electricity generation by the release of nuclear energy;
b. land use, land use change and forestry activities.
4 paragraphs 1 and 2 shall apply as long as the number of emission reduction units and certified emission reductions shall not exceed the percentage allowed use that for the category concerned in accordance with Article 11bis(1) establishments specified in the eighth paragraph, of the EC-directive measures provided for greenhouse gas emission allowance trading.
5 the first paragraph, introductory wording and points (a), shall apply until 31 March 2015.
6 paragraph 2 shall apply until the least developed country concerned on the relevant emission reductions-related treaty with the European Union has ratified, but if no ratification has taken place before 1 January 2020, not later than 1 January 2020.
7 once an international agreement on climate change has been reached, this article only applies if the third State which ratifies.
8 in the application of this article, the Board of the emission authority the implementing measures taken by the European Commission under Article 11bis(1), ninth paragraph, of the EC directive, emissions trading scheme in eight.

Article 20.00 b 1 at the request of the person who grants the Board a installation of the emission allowance trading authority that are valid from 1 January 2013 to replace credits from projects or other emission reducing activities in third States as referred to in Article 11bis(1), fifth paragraph, of the EC directive greenhouse gas emission allowance trading.
2. Article 20.00 a, fourth, seventh and eighth member, shall apply mutatis mutandis.

Article 20.00 c 1 the Board of the emission authority, given the greenhouse gas emission allowance trading system that can change the underlying allocation decision, recovery of unduly granted, the one that the establishment concerned. Where the person serving the installation, insufficient greenhouse gas emission allowance trading scheme, one with the value of those rights corresponding amount be recovered.
2 the Board of the emission authority can recover the greenhouse gas emission allowance trading scheme or the value of those rights with the corresponding amount at injunction debt collection.
3 the Board of the emission authority, given the greenhouse gas emission allowance trading system that can change the underlying allocation decision, wrongly, set off with the amount of grant for the installation to greenhouse gas emission allowance trading for the next trading period.
4 Recovery does not take place as far as of the day on which the decision on the free allocation of greenhouse gas emission allowances is published, eight years have passed.
5 in determining the value of a greenhouse gas emissions law, referred to in paragraph 1, second sentence, it is assumed to be the average market price of such a right at the time of recovery. A ministerial order are detailed rules with regard to the way in which the average market price of a greenhouse gas emissions law is determined.

Paragraph 16.2.1.4. The validity of greenhouse gas emission allowances, returning greenhouse gas emission allowance trading scheme for greenhouse gas emission allowance trading, canceling and compensating emissions in another calendar year A greenhouse gas emission law that Article 16.05 1 on or after 1 January 2013 in accordance with the regulation EU emissions trading registry is granted, is valid for the period for which it has been granted.
2 A greenhouse gas law is effective from the time when the Regulation in accordance with the EU emissions trading registry is granted.

16.37 1 without prejudice to article 34, paragraph 10 article, of the regulation EU emissions trading registry, the one who drives an establishment, in relation to each calendar year for 1 may of the subsequent calendar year at least some greenhouse gas emission allowance trading scheme for greenhouse gas emission allowance trading, not being issued under section 16.2.2, in, corresponding to the amount of the emission, which has caused the establishment in the first calendar year.
2 to determine the quantity of emissions referred to in paragraph 1, the data is taken into account, that in accordance with the regulation EU-emissions trading in the EU Registry registry for emissions trading.

Article 16.37 a [expired per 01-01-2013] article 16.37 b [expired per 01-01-2013] article 16.38 [expired per 01-09-2011] article 19.99 If the one who decorated floats, in fulfilment of article 16.37, paragraph 1, with respect to a calendar year less greenhouse gas emission allowance trading has returned then corresponds to the amount of the emission, which has caused the establishment during that calendar year, the number of greenhouse gas emission allowances that he in the subsequent calendar year for the application of that article will need to deliver , by operation of law increased with the number of greenhouse gas emission allowances that he had returned too little.

Section 16.2.2. Aviation activities paragraph 16.2.2.1. General article 19.99 a 1 this section shall apply to: a. aircraft operators in respect of which the Netherlands is responsible for Administration of the scheme for greenhouse gas emission allowance trading within the community and aviation activities as referred to in annex I to the EC greenhouse gas emission trading directive;
b. emissions from order in Council designated greenhouse gases caused by aviation activities referred to in point (a). Netherlands 2 is in respect of an aircraft operator administering Member State as referred to in paragraph (a): a. If the aircraft operator has a valid authorisation provided for 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 (Oj L 293);
b. in cases where the aircraft operator does not have a valid, by a Member State in accordance with the regulation, referred to under a, operating licence granted to Netherlands: If most of the estimated by the aircraft operator's aviation emissions in the base year operated flights can be attributed as referred to in article 18a, paragraph 1 (b) of the EC-directive greenhouse gas emission allowance trading.
3 for the applicability of the second paragraph, introductory wording and point (b), it is assumed to be the most current edition of the by the Commission of the European communities pursuant to article 18a, paragraph 3, of the EC directive greenhouse gas emission allowance trading scheme published list.
4 to the administration of aircraft operators take the administration of the emission authority the guidelines that the Commission of the European communities in accordance with article 18a, paragraph 4, of the EC directive greenhouse gas emission allowance trading.

Article 19.99 b a ministerial order rules are set with regard to the interpretation of the aviation activities referred to in annex I to the EC directive greenhouse gas emission allowance trading. These rules in each case to the guidelines that the Commission of the European communities on the basis of Article 3b of the said directive.

Paragraph 16.2.2.2. Monitoring and reporting Article 19.99 c [expired per 12-04-13] article 19.99 (d) pursuant to article 12, paragraph 1, of the regulation monitoring and reporting emissions trading required approval shall be submitted by the Board of the emission authority refused if: a. the monitoring plan does not meet the requirements that are to that regulation or by or pursuant to this chapter;
b. the Board is of the opinion that insufficient guarantees that the aircraft operator is capable of monitoring plan properly.

Article 19.99 e [expired per 12-04-13] article 19.99 f [expired per 12-04-13] article 19.99 g [expired per 12-04-13] article 19.99 h, 16.13, 16.14, 19.99 articles 16.12 16.17, 16.18, and 16.21 shall apply mutatis mutandis, it being understood that in article 16.18, first paragraph, point (b), instead of «articles 16.6 or 16.12» is replaced by the following: article 16.12.

Article 19.99 i [expired per 12-04-2013] section 16.2.2.3. Assigning and granting of greenhouse gas emission allowances Article 19.99 j 1 an aircraft operator can the Board of the emission authority requests for free allocation of greenhouse gas emission allowances with respect to: a. the period from 1 January 2012 to 31 december 2012, b. the period from 1 January 2013 to 31 december 2020 and c. periods of eight years beginning after 31 december 2020.

2 At the request of the tonne-kilometre data submitted in annex I to the EC directive greenhouse gas emission allowance trading scheme included aviation activities that the aircraft operator in the reference year. The application shall be accompanied by a certificate from an independent expert, that shows the results of an assessment carried out by him of the tonne-kilometre data. Article 19.99 g shall apply mutatis mutandis.
3 The tonne-kilometre data submitted are determined and registered: a. in accordance with a plan that contains a description of how the tonne-kilometre data be determined, recorded and maintained;
b. having regard to the provisions of paragraph 7, introductory wording and the under (a) and (b) regulations.
4 the plan referred to in paragraph (a), approved by the Board of the emission authority. Article 19.99 d shall apply mutatis mutandis.
5 for the purposes of the second paragraph shall be regarded as the reference year: a. with regard to the first paragraph in the period referred to in point (a): 2010;
b. with regard to in the first paragraph, under (b) and (c) periods: the calendar year ending 24 months before the beginning of the period considered.
6 the application shall be submitted: (a). with regard to the first paragraph in the period referred to in point (a): no later than 31 March 2011;
b. with regard to in the first paragraph, under (b) and (c) periods: at least 21 months before the start of the period considered.
7 a ministerial order may be made rules for the application of this article in respect of: a. the way a tonne-kilometre is calculated;
b. determining and recording of tonne-kilometre data;
c. submitting a draft of a plan referred to in paragraph (a);
d. approve a plan referred to in paragraph (a);
e. update a plan referred to in paragraph (a);
f. reporting changes and deviations of a plan referred to in paragraph (a);
g. the way an application for allocation of allowances should be done and the data that must be provided by the applicant.

Article 19.99 k 1 the Board of the authority shall lay down emission requests that have been submitted in a timely manner and comply with article 19.99 j, second paragraph, first and second sentence, and third period with regard to the requirements that must be met, for the independent expert to the Commission of the European communities.
2 communications shall be made at least eighteen months before the beginning of the period to which the application relates or, in relation to the period referred to in article 19.99 j, paragraph (a) by 30 June 2011.

Article 19.99 l 1 within three months of the Commission of the European communities has taken a decision in accordance with article 3E, paragraph 3, of the EC directive greenhouse gas emission allowance trading scheme, the Board of the emission authority: a. the total number of emissions trading that for the period in question is assigned to the aircraft operators whose applications pursuant to article 19.99 k were submitted to the Commission of the European communities b. the number of greenhouse gas emission allowances, and that for each calendar year within that period to the aircraft operators, referred to in point (a), is assigned.
2 the calculation shall be made: a. in the case of the first paragraph, introductory words and point (a): by the number of included in the application to multiply tonne-kilometres with the benchmark that the Commission of the European communities in accordance with article 3E, paragraph 3, introductory wording and (e) of the EC-directive greenhouse gas emission allowance trading scheme;
b. in the case of the first paragraph, introductory words and point (b): by the Committee set up pursuant to part a calculated total number of greenhouse gas emission allowances for the period in question by the number of years in that period.
3 A member under the first decision taken by the Board of the emission authority shall be published within the three months referred to in that paragraph. The decision shall also be notified by notification in the Government Gazette.

Article 19.99 m for every article 19.99 j period referred to, first paragraph, of the total number of emissions trading scheme for aviation, referred to in article 3 c of the EC directive greenhouse gas emission allowance trading scheme, part auctioned. This section corresponds to the number of greenhouse gas emission allowance trading scheme that the Commission of the European communities for the period in question on the basis of article 3E, paragraph 3, introductory wording and point (b) of that directive in respect of Netherlands.

Article 19.99 n 1 in the governance of the emission authority can apply to free allocation of greenhouse gas emission allowances from the special reserve for certain aircraft operators referred to in article 3F of the EC directive greenhouse gas emission allowance trading scheme, be submitted by an aircraft operator: a. that an aviation activity as referred to in annex I to the directive starts after the year for which tonne-kilometre data have been submitted in accordance with article 19.99 j , second paragraph, in respect of a period referred to in article 19.99 j, first paragraph, (b) or (c), or (b) whose tonne-kilometres shifted by an average of more than 18% per year between the reference years referred to in article 19.99 j, paragraph 5 (b) and the second calendar year of the relevant period referred to in article 19.99 j, first paragraph, (b) or (c) , and whose activity, referred to in point (a), or extra activity, referred to in subparagraph (b), not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator.
2 At the request of the tonne-kilometre data submitted in annex I to the EC directive greenhouse gas emission allowance trading scheme included aviation activities that the aircraft operator has performed in the second calendar year of the period concerned. Article 19.99 j, second paragraph, second and third sentence, third, fourth and seventh member, shall apply mutatis mutandis. The application also includes: a. data showing that the criteria referred to in paragraph (a) or (b), are complied with;
b. in the case of an aircraft operator as referred to in the first paragraph, introductory words and point (b): data relating to the percentage increase and the absolute growth in tonne-kilometres by the aircraft.
3 the application shall no later than 30 June of the third year of the period in question.
4 in determining whether an activity not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator is also eight beaten on aviation activities carried out by aircraft operators for which Netherlands no administering Member State.

Article 19.99 o 1 the Board of the emission authority shall lay down in accordance with article 19.99 n submitted applications that meet the requirements laid down by or pursuant to article 19.99 n, for to the Commission of the European communities.
2 communications shall be made before 1 January of the fourth year of the period concerned.

Article 19.99 p 1 within three months of the Commission of the European communities has taken a decision in accordance with article 3F, fifth paragraph, of the EC directive greenhouse gas emission allowance trading scheme, the Board of the emission authority: a. the number of greenhouse gas emission allowances from the special reserve for the period in question that is assigned to the aircraft operators whose applications were submitted in accordance with article 19.99 o to the Commission of the European communities;
b. the number of greenhouse gas emission allowances that for each calendar year within that period from the special reserve to the aircraft operators, referred to in point (a), is assigned.
2 the calculation shall be made: a. in the case of the first paragraph, introductory words and point (a): by the benchmark that the Commission of the European communities in accordance with article 3F, fifth paragraph, of the EC directive greenhouse gas emission allowance trading has established, multiplying by: 1 °. in the case of article 19.99 n, first paragraph, introductory wording and included in the application (a): the number of tonne-kilometres;
2 °. in the case of article 19.99 n, first paragraph, introductory wording and point (b): the absolute growth in tonne-kilometres above the percentage referred to in that section;
b. in the case of the first paragraph, introductory words and point (b): by the Committee set up pursuant to part a calculated number of greenhouse gas emission allowances by the number of full calendar years remaining in the period.
3 In the case of the second paragraph, introductory wording and point (b), the number of greenhouse gas emission allowances to an aircraft operator to assign not more than one million during the period in question.
4 pursuant to the first paragraph, by the Board of the emission authority taken shall be published within the three months referred to in that paragraph. The decision shall also be notified by notification in the Government Gazette.

Article 19.99 q 1 greenhouse gas emission allowance trading in the special reserve that are not assigned free of charge, be auctioned off.
2. Article 16.23, second paragraph, shall apply mutatis mutandis.

Article 19.99 r in the application of articles 19.99 m to 19.99 o takes the Board of the emission authority the requirements relating to the operation of the special reserve in the Commission of the European communities in accordance with article 3F, ninth paragraph, of the EC directive greenhouse gas emission allowance trading.

Article 19.99 s


The Board of the emission authority shall issue no later than 28 February of a calendar year to an aircraft operator the number of greenhouse gas emission allowances that him under article l or article 19.99 19.99 p for the year in question is assigned.

Article 19.99 sa articles 20.00 20.00 a and b shall apply mutatis mutandis.

Paragraph 16.2.2.4. The validity of greenhouse gas emission allowances, returning greenhouse gas emission allowance trading scheme for greenhouse gas emission allowance trading, canceling and compensating emissions in another calendar year Article 19.99 t 1 delivers an aircraft operator with respect to any calendar year for 1 may of the subsequent calendar year at least some greenhouse gas emission allowance trading in, which corresponds to the quantity of the emissions during the first calendar year of in annex I to the EC directive greenhouse gas emission allowance trading scheme included aviation activities for which that aircraft operator is responsible and who on or after 1 January 2012.
2. Article 16.37, second paragraph, shall apply mutatis mutandis.

Article 19.99 you [expired per 01-01-2013] article 19.99 v 16.36 and 16.38 articles shall apply mutatis mutandis.

Article 19.99 w If an aircraft operator in fulfilment of article 19.99 t, first paragraph, less greenhouse gas emission allowance trading has returned then corresponds to the amount of the emission, which he caused during the calendar year concerned, the number of greenhouse gas emission allowances that he in the subsequent calendar year for the implementation of that paragraph shall, by operation of law increased with the number of greenhouse gas emission allowances that he had returned too little.

Section 16.2.3. The transition of greenhouse gas emission allowances and other units Article 1 A greenhouse gas emission law in accordance with the regulation 16.40 EU emissions trading registry is prone to transfer if all persons involved in the transfer have their name on an account in the Union registry for emissions trading. The first sentence shall apply mutatis mutandis to the greenhouse gas emission allowance trading in accordance with Regulation EU emissions trading registry in another Member State of the European Union have been granted.
2 by order in Council can greenhouse gas emission allowances that have arisen in countries other than the Member States of the European Union are designated as greenhouse gas emission allowances that can be transferred or acquired by a person in whose name in the EU emissions trading register a account.
3 A greenhouse gas law is also susceptible to other transition. Paragraphs 1 and 2 shall apply mutatis mutandis.

Article 1 transfer of a greenhouse gas emission law 17.46 required delivery shall be effected by: a. the right of account that depreciation of the greenhouse gas emission in the EU Registry for emissions trading on the name of the person who transfers, and b. greenhouse gas emission law credited on an account in a registry referred to in point (a), that the person who obtains the greenhouse gas emission law.
2 the first paragraph shall apply mutatis mutandis to each transition other than transfer.
3 each transition works other than transfer vis-à-vis third parties after the Board of the first emission authority the transition has registered.

Article 16.42 1 nullity or destruction of the agreement that led to the transfer, or lack of competence of the person who transfers, has, after the transfer is complete, shall not affect the validity of the transfer.
2 any reservation with respect to the transfer is worked out at the time that the transfer came about.
3 by way of derogation from article 228 of book 3 of the civil code, no right of property on a greenhouse gas emission right be established.
4 on a greenhouse gas emissions right may not be located right of usufruct.
5 A greenhouse gas law is exempt.

Article 1 articles 16.42 a 16.40, first and fourth member, 17.46 and 16.42 shall apply mutatis mutandis to the transfer of emission reduction units, certified emission reductions, assigned amount units and removal units.
2 in so far as it concerns the transfer of emission reduction units, certified emission reductions, assigned amount units and removal units, for the purposes of applying articles 16.40, first paragraph, and 16.41, first paragraph, under «a register by the Member State of the European Union in accordance with the regulation EU emissions trading registry is set» include: a register in accordance with article 7, paragraph 4, of the Kyoto Protocol and the decisions taken in accordance with that protocol is set by a in annex I to the The United Nations Framework Convention on climate change included party that has ratified the Kyoto Protocol, as specified in article 1, point 7, of that protocol.

Section 16.2.4. Registration of greenhouse gas emission allowances and other units Article 16.43 1 the Board of the emission authority is designated as the competent authority referred to in the regulation EU emissions trading registry.
2 the Board of the emission authority performs the tasks that it has as the competent authority for the Union registry for emissions trading in accordance with the regulation EU emissions trading registry and shall ensure that the register meets the requirements under the regulation that EU emissions trading registry.
3 As national Administrator referred to in article 3 of the regulation, under 22 EU-emissions trading registry is designated a by decision of the Board of the emission authority or a member of his staff of the emission authority. Of a decision as referred to in the first sentence shall be notified by placement in the Government Gazette.
4 the Minister is designated as body concerned and relevant body as referred to in the regulation EU emissions trading registry.
5 In the EU emissions trading registry for greenhouse gas emission allowance trading can also emission reduction units, certified emission reductions, assigned amount units and removal units are registered.

Article 1 any person may 16.44 greenhouse gas emission allowance trading, emission reduction units, certified emission reductions, assigned amount units and removal units.
2 by way of derogation from the first paragraph is not allowed the possession of: a. long-term certified emission reductions referred to in article 3 (9) of the Regulation EU emissions trading registry (lCER);
b. Provisional certified emission reductions referred to in article 3, under 11 of the regulation EU emissions trading registry (tCER).

Article 4:45 Our Minister may make rules for the application of the regulation EU emissions trading registry.

Article 19.99 emission reduction units, certified emission reductions and removal units at the end of the additional period for fulfilling commitments referred to in the decision taken in accordance with the Kyoto Protocol 13/CMP 1, on an account in the registry for trading in emission rights are registered, be cancelled.

Section 16.2.5. Consent to participation in project activities Article 19.99 (a) for the purposes of this section and the provisions based project participant: person a request for approval referred to in article 19.99 b, paragraph 3.

Article 19.99 b 1 this article shall apply to project activities in the context of: a. the mechanism of joint implementation, referred to in article 6 of the Kyoto Protocol (JI), which are outside the Netherlands or outside Dutch exclusive economic zone;
b. the clean development mechanism, referred to in article 12 of the Kyoto Protocol (CDM).
2 the Minister may, on the application of the project participant grant consent to participate in project activities as referred to in paragraph 1 and in respect of those activities in accordance with the Protocol of Kyoto.
3 the agreement shall in any case be refused if: a. the participation by the project participant to the project activity does not meet the requirements laid down in the Kyoto Protocol and the decisions taken in accordance with that protocol to those participations;
b. the project participant does not have his principal place of business in a State that the international agreement referred to in article 11b, paragraph 1, of the EC directive has ratified, or greenhouse gas emission allowance trading system, in a State or sub-federal or regional entity which, in accordance with article 25 of the directive to the system of greenhouse gas emission allowance trading scheme is associated with, and c. as far as project activities for the generation of electricity by water power with a production exceeding 20 MW : at the project activity and its implementation, in article 11b, paragraph 6 of the EC directive referred to international greenhouse gas emission allowance trading standards and guidelines, including the guidelines of the World Commission on dams, are not respected.
4 Consent may be refused if: a. the project participant from another project activity which is or was concerned and for which the Minister has granted consent, it has been found that failure to comply with the requirements set out in paragraph 3 in respect of that implementation;
b. non compliance with the rules referred to in paragraph 5.

5 by arrangement of our Minister may be set with regard to the consent referred to in paragraph 2, with participation in project activities.
6 a granted consent includes the authorization of the project participant, provided that such authorisation under articles 6, paragraph 3, and 12, ninth paragraph, of the Kyoto Protocol and the decisions taken in accordance with that protocol is required. If the first sentence applies, in the decision on the application indicated that the agreement includes the permission.
7 a granted consent can be withdrawn if the requirements are no longer met, stated in paragraph (a) or (b), or, where applicable, (c), or the detailed rules referred to in paragraph 5.
8 by arrangement of our Minister may provide that a fee is payable for the grant of consent. In this case, also by that procedure detailed rules set with regard to the level of remuneration and the manner in which they must be paid.
9 the Minister shall, by him-based information on project activities for which he has granted consent, available to the public. Article 10 of the Act shall apply mutatis mutandis.

Article 19.99 c [expired per 12-04-2013] Title 16.3. Oxides of nitrogen and NOx emission rights [expired per 01-01-2014] Section 16.3.1. General [expired per 01-01-2014] article 20.00 [expired per 01-01-2014] article 20.00 a [expired per 01-01-2014] article 16.48 [expired per 01-01-2014] Section 16.3.2. License [aging by 01-01-2014] article 16.49 [expired per 01-01-2014] Section 16.3.3. The creation of NOx emission rights [expired per 01-01-2014] article 16.50 [expired per 01-01-2014] Section 16.3.4.. The surrender of NOx emission rights, compensating for emissions in another calendar year and the validity of NOx emission rights [expired per 01-01-2014] article 16.51 [expired per 01-01-2014] article 16.52 [expired per 01-01-2014] article 16.53 [expired per 01-01-2014] article 16.54 [expired per 01-01-2014] article 16.55 [expired per 01-01-2014] Section 16.3.5. The transition of NOx emission rights [expired per 01-01-2014] article 16.56 [expired per 01-01-2014] article 16.57 [expired per 01-01-2014] Section 16.3.6. Registration of NOx emission rights [expired per 01-01-2014] article 16.58 [expired per 01-01-2014] article 16.59 [expired per 01-01-2014] article 19.99 [expired per 01-01-2014] article 16.10 [expired per 01-01-2014] Department 16.3.7. Other provisions [expired per 01-01-2014] article 16.57 [expired per 01-01-2014] Chapter 17. Measures in particular circumstances Title 17.1. Measures in case of an unusual occurrence in article 17.1 (1) If an establishment an unusual incident occurs or has occurred, causing adverse consequences to the environment have arisen or are likely to occur, the person making the installation immediately the measures reasonably may be required of him, to repetition or the consequences of that incident to prevent or, as far as those effects cannot be prevented to limit and, as far as possible.
2 if by the incident direct danger to human health or cause or threaten to cause immediate and significant effect on the environment or threaten to arise and arise as long as cannot be ensured that the measures taken, referred to in paragraph 1, or the additional measures referred to in article 17.3, paragraph 1, compliance with the conditions attached to an environmental permit for the establishment or to the under or pursuant to an order in Council referred to in article 8.40 for the design rules in force, the person making the installation the device still in whole or in part.

Article 17.2 1 the one that decorated floats, in which an event referred to in article 17.1, occurs or has occurred, reports that incident as soon as possible to the governing body that is competent to grant an environmental permit for a device, or pursuant to article 8.41, second paragraph, point (a), the institution to which the notification is addressed or, in other cases , to Mayor and Councillors.
2 he provided that governing body also, as soon as they are known, the information relating to: (a) the causes of the incident and the circumstances under which the incident occurred;
b. the substances released as a result of the incident, as well as their properties;
c. other data that is relevant to the nature and gravity of the environmental consequences of the incident;
d. the measures taken or envisaged to reduce the effects of the incident to prevent, reduce or undo;
(e) the measures taken or envisaged to prevent such an incident can happen again.
3 the governing body that a notification referred to in paragraph 1 or 2, of that message and the information provided without delay to: a. the mayors of the municipalities concerned;
(b) the Superintendent;
c. the Chairmen of the security concerned regions in the cases that the consequences of the incident occur or may occur outside the boundaries of the municipality in which the establishment is located in whole or in substance;
d. Executive Council of the province in the cases that the incident involved contamination or soil degradation;
e. other governing bodies or public services, which are directly concerned with the immediate communication.
4 the competent authority can for categories of incidents referred to in article 17.1, whose adverse consequences to the environment is not significant, provisions which derogate from the obligation referred to in paragraph 1. These rules can be determined that the indicated categories of incidents be reported within a specified period of time or be registered. The requirements shall be drawn up in one of the area permit for an establishment or, if the design rules apply under article 8.40, in a decision. Decision of the latter shall be notified by notice in one or more day-, news-or House-to-House sheets.
5 if application is given to the fourth paragraph, the second and third paragraph, as well as articles 17.3, 17.4 and 17.5 not applicable.
6 the administrative body that receives a notification referred to in paragraph 4 of that report, gives knowledge to the Inspector.

Article 17.3 1 The competent governing body required the person making the installation all appropriate additional measures, which is reasonably necessary to: (a). the impact of the reported incident for the environment, b. repetition of the reported incident to prevent or c. to ensure compliance with the conditions attached to an environmental permit for the establishment or to the under or pursuant to an order in Council referred to in article 8.40 for furnishing rules in force.
2 The competent governing body shall ensure that the necessary data is collected to analyze the incident and its causes.
3 to prevent recurrence modify the competent governing body if necessary the area permit, or, if the recommendations for the establishment rules apply under article 8.40, the rules in a decision. Decision of the latter shall be notified by notice in one or more day-, news-or House-to-House sheets.
4 with respect to a decision to amend an environmental permit as referred to in the third paragraph of article 3.15, third paragraph, of the law environmental law general provisions shall apply mutatis mutandis.

Article 17.4 1 if that is needed by an unusual occurrence, the importance of protecting the environment one or more of the following obligations or prohibition imposed on the one who wastes arise or are present, which are designated in the decision to this effect: a. an obligation to separate waste and of other substances and waste – separated;
b. a requirement that waste separated, when they get rid of them;
(c) a requirement that waste on site where they were created, in a manner specified in the decision to apply or remove useful;
d. a prohibition that waste among themselves to keep longer than during a time period indicated in the decision;
e. an obligation that waste to a person belonging to a category designated to the decision, or to a designated place.
2 an obligation or prohibition referred to in the first paragraph, is imposed: a. as far as the obligation or the ban is related to a device: by the governing body pursuant to the provisions in or under that article 2.4 of the law environmental law general provisions the competent authority for the area permit for the facility, or, if the design rules apply under article 8.40 , by the governing body to which a notification referred to in article 8.41, paragraph 1, in respect of that establishment would need to be done or, in other cases, by Mayor and Councillors;
b. in other cases: by Executive Council.
3 the governing body, referred to in paragraph 2, at his disposal to the period within which the obligation must be performed and may indicate the way in which the obligation must be performed.

Article 17.5 [expired per 01-10-2012]




Title 17.1 (A). Measures concerning waste facilities Article 17 .5A 1 if an event occurs, which may affect the stability of a waste facility, or if upon inspection and monitoring procedures with regard to that provision shows that adverse effects on the environment have arisen or are likely to arise, the one that drives the waste facility, as soon as possible, in each case within 48 hours , to the governing body that is competent to grant an environmental permit for that establishment. Article 17.2, paragraphs 2 and 3, shall apply mutatis mutandis.
2 by order in Council, which are categories of waste facilities designated under article 2, paragraph 3, of the directive extractive waste management this title does not apply.

Article 17.5 b If the situation referred to in article 17 a, paragraph 1, related to a category A waste facility, run the one that drives the waste facility, immediately it for those waste facility prescribed internal emergency plan.

Article 17.5 c 1 the competent authority may give instructions with regard to the adoption of the necessary preventive or remedial measures.
2 the one that drives the waste facility, follow the instructions on and referred to in the first paragraph shall bear the costs for the preventive or remedial measures.
3 the competent authority can itself take every necessary preventive or remedial action or entrust to third parties its implementation.
4 a decision referred to in the third paragraph shall be put in writing. The written decision is a decision.
5 In case the competent authority entrusts the implementation itself measures or to third parties, recounts the the cost on the one that the activities carried out.
The competent authority shall establish the amount of the fees due for decision. The competent authority may recover the cost by compulsion order.
6 article 17.4 shall apply mutatis mutandis.

Article 17.5 d this title shall apply mutatis mutandis to closed waste facilities, with exceptions of those closed waste facilities in respect of which the competent authority shall be responsible for the follow-up care, referred to in article 8.49.

Title 17.1 B. Measures in case of non-compliance with article 17.5 e Title 17.1 shall apply mutatis mutandis to a not understood cases under that title, connected to an environment made under or pursuant to a permit or order in Council referred to in article 8.40, with respect to activities referred to in Directive 74/60/EEC. 2010/75/EU of the European Parliament and of the Council of 24 november 2010 on industrial emissions (Oj L334), except that: a. in article 17.1, first paragraph, instead of «to repetition or the consequences of that incident to prevent or, as far as those effects cannot be avoided, minimize and undo» is read : to ensure that restored within the shortest possible time compliance.
b. for the purposes of this title, all other references in title 17.1 to an unusual occurrence as references apply to the infringement referred to in this article.

Title 17.2. Measures in environmental damage or an imminent threat thereof Article 17.6 1 In this title and the provisions based thereupon: activity: Professional or business activity carried out, regardless of the public or private, profit or non-profit character;
protected species: species referred to in article 2, paragraph 3 (a) of EC directive on environmental liability;
the one that the activity: the natural person or the private or public legal person who regulates the activity performed or has done, or has arranged, or to whom a decisive decisive economic power over the technical functioning of the activity has been delegated, including the holder of a permit or authorisation for the carrying out of the activity and the person who has registered the activity or whether notification of does or has done;
ecosystem functions: functions that natural resources for the benefit of another natural resource or the public;
EC directive on environmental liability: Directive 74/60/EEC. 2004/35/EC of the European Parliament and of 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);
remedial measures: measures, or combination of actions, including mitigating or interim measures to restore, rehabilitate or replace damaged natural resources or impaired services, or to provide an equivalent alternative to resources or functions referred to in annex II to EC directive on environmental liability;
costs: costs associated with the application of preventive or remedial measures, including estimate costs of environmental damage, an imminent threat of such damage and alternative measures, as well as the administrative, legal, and enforcement costs, the costs of data collection and other general costs, monitoring and supervision costs and;
environmental damage: 1 °. any and all damage to protected species or natural habitats that, having regard to the baseline condition and the criteria set out in annex I to EC-directive on environmental liability, significant adverse effects on reaching or maintaining the favourable conservation status of this species or habitats;
2 °. any kind of water damage that significantly adversely affects the ecological, chemical and quantitative status or the ecological potential, as defined in the water framework directive, of the waters concerned, with the exception of adverse effects where article 4, paragraph 7, of that directive applies;
3 °. any land contamination that creates a significant risk of adverse effects on human health, which directly or indirectly on, in or under the bottom, substances, preparations, organisms or micro-organisms are brought;
environmental damage or an imminent threat thereof: environmental damage or a sufficient likelihood that environmental damage will occur in the near future;
natural habitats: habitats of the species, natural habitats and breeding sites or resting places referred to in article 2, paragraph 3 (b) of EC directive on environmental liability;
natural regeneration: 1 °. in the case of damage to water, protected species or natural habitats: the return of damaged natural resources and impaired services to baseline condition;
2 °. in case of soil contamination: the Elimination of any significant risk of adversely affecting human health;
natural resources: protected species, natural habitats, water or soil;
preventive measures: measures in response to an event, act or omission causing an imminent threat of environmental damage has occurred, in order to avoid that damage or reduce to a minimum;
baseline condition: the condition in which the natural resource or ecosystem features located at the time of the damage that would have existed had the environmental damage not occurred, estimated on the basis of the best information available;
damage: measurable adverse change in natural resource or impairment of a natural resource service which may occur directly or indirectly;
State of conservation: conservation status referred to in article 2, fourth paragraph, of the EC directive environmental liability;
waters: waters which the water framework directive applies.
2 by way of derogation from article 1.1 is based and the provisions in this title under emissions means the release in the environment as a result of human activities, of substances, preparations, organisms or micro-organisms.
3 a change in one of the annexes to the EC directive environmental liability is for the purposes of this title and the provisions based thereupon are current as of the day on which the change implementation should have been given, unless by ministerial decision, which shall be published in the Government Gazette, a different time is fixed.
4 under damage to protected species and natural habitats for the purposes of this title include damage to these species and habitats within the exclusive economic zone.

Article 17.7 this title shall apply to: a. environmental damage or an imminent threat thereof caused by activities as referred to in annex III to the EC directive on environmental liability;
b. environmental damage to protected species or natural habitats or an imminent threat thereof which is caused by any activity other than those referred to in (a), where the person serving the activity fault or negligence.

Article 11.1 by way of derogation from article 17.7 this title do not apply to: a. environmental damage or an imminent threat thereof resulting from: 1 °. an act of war, hostilities, civil war or insurrection;
2 °. a natural phenomenon of exceptional, inevitable and irresistible character;
3 °. an event which liability or compensation falls within the scope of one of the annex IV to EC-directive on environmental liability is tied to those treaties, to which Netherlands;
4 °. nuclear risks or an activity to which the Treaty establishing the European Atomic Energy Community applies;

5 °. an activity or event which liability or compensation falls within the scope of one of the in annex V to Directive EC environmental liability to those treaties;
6 °. an activity that mainly serves, national defence or international security or 7 °. an activity that is aimed only to provide protection against natural disasters;
b. environmental damage to protected species or natural habitats consisting of the specified adverse effects of activities for which authorization has been granted by the competent authority: 1 °. in accordance with provisions implementing article 6, third and fourth paragraph, or article 16 of Directive 74/60/EEC. 92/43/EEC of the Council of the European communities of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, article 9 of Directive 74/60/EEC. 2009/147/EC of the European Parliament and of the Council of the European Union of 30 november 2009 on the conservation of wild birds, or, 2 °. in the case of species or habitats not covered by Community law, in accordance with the provisions in or under articles 3, 4 and 5 of the Flora and fauna Act or articles 10 and 10a of the nature conservation Act 1998;
c. environmental damage or an imminent threat thereof caused by an emission or event: 1 °. that has taken place before 30 april 2007, 2 °. that took place after april 30, 2007, if the damage is the result of a specific activity that took place and is ended for that date, or 3 °. more than 30 years ago.

Article 17.9 1 if the activity affecting the environmental damage or an imminent threat thereof, shall be carried out within an establishment or in the framework of the establishment, change or effect of an establishment, is the governing body that is competent to grant an environmental permit for an establishment, or the governing body referred to in article 18.2, the authorities having jurisdiction.
2 by way of derogation from the first paragraph is the competent authority, if the environmental damage or an imminent threat thereof wholly or mainly relates to waters, the governing body in which the waters concerned in management.
3 If the activity affecting the environmental damage or an imminent threat thereof, shall be carried out outside an establishment is the competent authority to the extent that the environmental damage or an imminent threat thereof relates to: a. the bottom: the governing body referred to in article 95, third and fourth paragraph, of the law on soil protection;
b. protected species: the governing body referred to in article 112 of the Flora and fauna Act;
c. natural habitats: the governing body referred to in article 16, or 57 of the nature conservation Act 1998; 19 d
d. waters: the governing body, where the waters concerned in management.
4 by way of derogation from the first to the third member is our Minister the competent authority, if the activity affecting the environmental damage or an imminent threat thereof, related to genetically modified organisms.
5 if in environmental damage or an imminent threat thereof over a governing body as competent authority is designated, or by or under this or any other law to another governing body powers, between these governing bodies the best possible consultation in good time in order to take decisions or reconciliation between the action to be taken. The governing bodies votes among themselves which body in charge with the coordination.
6 If, in the event of environmental damage or an imminent threat thereof over a governing body as competent authority is designated, in an application referred to in article 17.13, paragraph 6, or article 17:15, first paragraph, coordinated. When deciding on such a request shall take account of the interdependence between the decisions taken on this request.
7 If in environmental damage or an imminent threat thereof by or under this or any other law to the competent authority powers, gives the competent authority without prejudice to those powers apply to this title and bears the ensure that, as far as the implementing powers referred to also, no fight with the provisions in or under this title.

Article 17.10 1 the competent authority may the one that an activity carried out, whereby environmental damage or an imminent threat thereof occurs: a. commit to provide information on any imminent threat of environmental damage or in suspected cases of such a threat;
b. require additional information on any environmental damage that has occurred;
c. require the necessary preventive or remedial measures;
d. give instructions with regard to the measures referred to under (c). 2 the competent authority can itself each measure referred to in article 17.13, paragraph 1, as well as the necessary preventive or remedial measures or entrust to third parties its implementation.
3 A decision as referred to in paragraph 1, second paragraph, point (c), or in writing. The written decision is a decision. The decision shall be notified to the governing bodies or public services, referred to in article 17.2, third paragraph.

Article 17.11 the rightholder with respect to the place where the activity is carried out or where the environmental damage or an imminent threat thereof occurs, is obliged to tolerate that preventive or remedial measures referred to in this title shall be taken, without prejudice to its right to damages.

Article 17.12 1 if an activity by an imminent threat of environmental damage, the one that the activity immediately the necessary preventive measures.
2 he informs the competent authority as soon as possible on all relevant aspects of the situation. When the imminent threat of environmental damage despite the preventive measures referred to in the first paragraph shall not finished, provided the one that the activity carried out additional information on the situation. Article 17.2, second paragraph, shall apply mutatis mutandis.
3 the competent authority without delay informs the governing bodies or public services, referred to in article 17.2, third paragraph.
4 the competent authority required the person making the activity immediately to take the necessary measures.
5 the competent authority allows stakeholders, respectively the governing bodies or public services, referred to in article 17.2, third paragraph, the opportunity to put forward their views, respectively to give its opinion on the draft of the decision to be taken, referred to in paragraph 4, unless the situation is so urgent that a view or opinion cannot be seen.
6 the competent authority involved in the decision referred to in paragraph 4, the points of view put forward and keeps track of that decision shall take into account the opinions. The decision shall be notified to the governing bodies or public services, referred to in article 17.2, third paragraph.

Article 17.13 1 if an activity environmental damage, the one that the activity all practicable steps to immediately the relevant contaminants or other injury factors under control, contain, remove or otherwise to control, in order to further environmental damage and adverse effects on human health or further impairment of services to prevent or limit.
2 he informs the competent authority as soon as possible on all relevant aspects of the situation. Article 17.2, second paragraph, shall apply mutatis mutandis.
3 the competent authority without delay informs the governing bodies or public services, referred to in article 17.2, paragraph 3, as well as in case the environmental damage occurs or can occur outside the boundaries of Our Netherlands Minister.
4 the Minister informs on receipt of the information referred to in paragraph 3 the Government of the country or to designate a government authority or agency.
5 the competent authority required the person making the activity immediately to take the necessary measures. Article 17.12, fifth and sixth member, shall apply mutatis mutandis.
6 the one who carried out the activity, set in accordance with annex II to EC directive on environmental liability potential remedial measures and submit that to the competent authority to consent for.

Article 17.14 1 the competent authority notes that the activity an activity likely to cause environmental damage or the imminent threat thereof is caused, as well as the extent of the environmental damage. Article 17.13, third and fourth paragraph, shall apply mutatis mutandis.
(2) if the activity cannot be identified whereby the environmental damage or the imminent threat thereof, the competent authority decides whether the measures pursuant to the provisions of this title. Article 17.10, paragraph 3, shall apply mutatis mutandis.
3 the competent authority decided on a request for approval referred to in article 17.13, sixth paragraph, which remedial measures in accordance with annex II to EC environmental liability directive by the activity. The competent authority may require that this request at or in addition to an assessment of the extent of the damage.
(4) where several instances of environmental damage and the necessary remedial measures to be taken at the same time, the competent authority shall decide which damage the first time is restored.

5 the competent authority keeps the decision referred to in the second, third, and fourth member, in any case take into account the nature, the extent and severity of the environmental damage, and with the possibility of danger to human health and natural regeneration. On this decision is article 17.12, fifth and sixth member shall apply mutatis mutandis.

Stakeholders, as well as the governing bodies article 17.15 1 or public services, referred to in article 17.2, third paragraph, in the event of environmental damage or an imminent threat thereof, the competent authority requests a decision on the measures referred to in article 17.10 17.12, third paragraph, article, paragraph 4, or article 17.13, fifth member,.
2 the Minister may, if in the interests of the protection of the environment provided, and if in respect of a case of environmental damage or an imminent threat thereof, the competent authority with the day-to-day management of a water Board is open to him, claim that this governing body within a period to be set by him application indicates article 17.12, fourth paragraph, article 17.13 , fifth paragraph, or article 17.14, first, second and third paragraphs. Articles 121 to 121f of the provincial law shall apply mutatis mutandis.

Article 20.99 1 the one that the activity whereby environmental damage or an imminent threat thereof, bear the costs for the preventive or remedial measures, unless he proves that the environmental damage or the imminent threat thereof: a. Despite appropriate safety measures taken by him is caused by a third party, or (b) resulted from compliance with a compulsory order or instruction of a governing body , not being an order or instruction following an emission or event by himself.
2 In case the competent authority entrusts the implementation itself measures or to third parties, recounts the the cost on the one that the activity carried out. The competent authority shall establish the amount of the fees due for decision. The competent authority may recover the cost by compulsion order.
3 the competent authority can dispense cost story if: a. the story cost greater than the amount to be recovered, or b. the activity cannot be identified.
4 in respect of recovery measures that have been taken under this title, the competent authority may dispense with all or part of cost story, as far as these charges cannot reasonably or not entirely at the expense of the person making the activity belong to come, where the person serving the activity proves that a. he not at fault or negligent, and b. the damage is caused by an activity , emission or event, which at the time that this took place: 1 °. was expressly permitted by and in accordance with the regulations, or a permit connected to 2 °. in the light of current scientific and technological knowledge was considered not as harmful.

Article 17.17 the power to cost story related to the measures taken under this title shall expire five years after the day on which those measures have been completed or after the day on which the person who caused the environmental damage or the imminent threat thereof is identified, if this day is the later.

14.43 article the competent authority provides the Minister the data he needs for the implementation of article 18 of the EC directive on environmental liability imposed obligation to reporting. A ministerial order on this subject can be.

Title 17.3. Measures in case of danger by substances, mixtures or genetically modified organisms Article 17.19 (1) if substances, mixtures or genetically modified organisms, or acts that, in the opinion of our Minister intolerable danger to human health or the environment, it may, if necessary, using the strong arm, take all measures taken in the interest of the protection of human health and of the environment deems necessary.
2 to the measures referred to in the first paragraph may include: a. the total or partial termination of the manufacture or in Netherlands entering substances, mixtures or genetically modified organisms or products containing them;
b. take it and, if necessary, destroying substances, mixtures or genetically modified organisms or products containing them;
c. to prevent certain areas without the permission of the Minister be accessed or that animals, plants or goods without such permission within or beyond;
d. removing persons, animals, plants or goods from certain areas.
3 the Minister takes a measure under the first paragraph, in accordance with our Ministers who the Commission is concerned, unless the urgency is in his opinion opposed this. In the latter case, Our Minister shall subject the measure as soon as possible at the discretion of the Council of Ministers. If the measure does not agree with this, pull our Minister Our Minister gives him immediately. 4 of a measure under the first member and the repeal of such knowledge in the Government Gazette, and in such a way that the measure or the repeal of such measures, the persons concerned as promptly as possible.
5 conduct in violation of any measure taken pursuant to paragraph 1 is prohibited.
Chapter 18. Enforcement article 18.1 [expired per 01-07-2009] article 18.1 (a) 1 The articles 5.3 to 5.16 and 5.18 to 5.26 articles of the law environmental law general provisions apply with regard to the quality of the implementation and enforcement of the provisions in or under this law.
2. Article 18.18 from this Act and the articles 5.3 to 5.16 and 5.18 to 5.26 articles of the law environmental law general provisions shall apply mutatis mutandis with regard to the enforcement of the provisions in or under: a. the EC waste shipment regulation;
b. the EC Regulation PRTR;
c. the EC Regulation registration, evaluation and authorisation of chemical substances;
d. the EC regulation on classification, labelling and packaging of substances and mixtures.
3 by way of derogation from the first paragraph is article 5.15, introductory wording and point (b), of the law general provisions environmental law does not apply in so far as it concerns the enforcement of it by or pursuant to Chapter 16.
4 to the power to apply administrative coercion under article 5.15 of the law's general provisions environmental law it belongs in Netherlands by or on behalf of the competent governing body managing waste in cases where such waste in violation of the by the EC waste shipment regulation or title 10.7 certain Dutch territory, inside or outside.

Article 18.1 (b) in article 5.2, first paragraph, of the law general provisions governing body referred to environmental law has a duty to take care of the administrative enforcement of the provisions in or under this law, the EC Regulation PRTR and the EC Regulation registration, evaluation and authorisation of chemicals for those who run the project referred to in that paragraph, , applicable regulations.

Article 18.2 1 the governing body under article 8.41, second paragraph, point (a), the institution to which the notification is addressed, or in other cases Mayor and Councillors of the commune in which the device will be in whole or in substance or is located, have the following functions: a. to take care of the administrative enforcement of the rules that for the one that the installation , apply on the basis of: 1 °. the provisions in or under this Act and the laws referred to in article 13.1, second paragraph, to the extent permitted by or under those laws;
2 °. the EC Regulation PRTR;
3 °. the EC Regulation registration, evaluation and authorisation of chemical substances;
4 °. The EC regulation on classification, labelling and packaging of substances and mixtures;
b. information in the course of the task referred to in point (a) are important to gather and record;
c. complaints relating to the compliance with the installation by the certain laws concerned, to deal with.
2. Article 5.2, second paragraph, of the law environmental law general provisions shall apply mutatis mutandis in respect of a decision referred to in that paragraph in respect of an establishment is given by the competent governing body pursuant to paragraph 1.

Article 18.2 (a) 1 in so far as article 5.2, paragraph 1 (a) of the General provisions Law environmental law does not apply, have our relevant Minister, Executive Council, Mayor and aldermen and the governing body that granting authorisations provided for in article 6.2 of the water law competent to task to take care of the administrative enforcement of articles 1 .1a and 10.1.
2 provincial Executive, Mayor and aldermen and the governing body that granting authorisations provided for in article 6.2 of the water law is competent to propose to take care of the administrative enforcement of the provisions in or under articles 10.2 and 10.54.
(3) without prejudice to article 11.3, first paragraph, under (a), the relevant Minister to task to take care of the administrative enforcement of the provisions in or under articles 11A. 2 and 11A. 3.

Article 11.3 b 1 the Minister has a duty to ensure the enforcement of the provisions laid down by or pursuant to: a. the titles 9.2 to 9.5 and article 17.19;

b. the EC Regulation registration, evaluation and authorisation of chemical substances;
c. the EC regulation on classification, labelling and packaging of substances and mixtures;
d. the EC waste shipment regulation.
2 without prejudice to the first paragraph of Our Ministers of Economic Affairs, Social Affairs and employment and of health, welfare and Sport to task to take care of the administrative enforcement of the provisions in or under the titles 9.2, 9.3 and 9.3 (a), the EC Regulation registration, evaluation and authorisation of chemicals and the EC regulation on classification, labelling and packaging of substances and mixtures as far as the provisions in or under these titles or regulations related to policy their responsibility.
3 by way of derogation from the first paragraph can at a general administrative order as referred to in article 9.2.2.1 above, first paragraph, provide that Executive Council or mayor and aldermen instead of our Minister Our Minister involved or responsible to take care of the administrative enforcement of rules laid down in the detailed rules laid down by General administrative order or thereabouts.
4 the Minister has a duty to take care of the administrative enforcement of the obligations laid down by or pursuant to Chapter 10, in so far as they concern: a. transferring waste as referred to in title 10.7;
b. the collection of industrial waste substances or hazardous wastes referred to in article 10:45;
c. trade, mediate or transport as referred to in article 10.55.

Article 18.2 c 1 Gedeputeerde staten to task to take care of the administrative enforcement of the obligations laid down by or pursuant to Chapter 10, in so far as they relate to the present having a guidance letter at the transport of industrial waste substances or hazardous wastes referred to in article 10.44.
2 Executive Council also have a duty to take care of the administrative enforcement outside an establishment of the obligations under article 17.4.

Article 18.2 d 1 in so far as article 5.2, paragraph 1 (a) of the General provisions Law environmental law does not apply, have Mayor and aldermen to task to take care of the administrative enforcement of the obligations laid down in or by virtue of: a. the waste regulation;
b. Article 12.59;
c. Article 10.52.
2 Mayor and aldermen have to task to take care of the administrative enforcement outside an establishment of the obligations under or pursuant to Chapter 10, in so far as they concern: a. the discard of waste water referred to in article 10.32;
b. the discarding of industrial waste substances or hazardous wastes referred to in article 10.37;
c. discard industrial wastes or hazardous waste as referred to in article 12.01.

Article 18.2 e in carrying out the task referred to in articles 18.2 to 18.2 d, shall take account of the environmental policy in force for the relevant governing body.

Article 18.2 f 1 The emission authority is responsible for the enforcement of the obligations laid down by or pursuant to Chapter 16.
2 without prejudice to article 18.2 b, first paragraph, the emission authority caring for the administrative enforcement of the provisions in or under articles 9.2.2.1 above, first paragraph, in so far as that relates it to another provision of fuels for transport, 9.2.2.6 a and 9.2.3.4, third paragraph, and title 9.7.

Article 18.2 g our Minister of Economic Affairs and our Minister of agriculture, nature and food quality have to task to take care of the administrative enforcement of in or under Title 12.3 and the EC Regulation PRTR obligations, in so far as they are respectively under article 12.21, first paragraph, have been designated as competent authority.

Article 18.2 h [expired per 01-10-2010] article 18.2 i the competent authority referred to in article 11.1, first, second, third or fourth member, takes care of the administrative enforcement of the obligations under or pursuant to title 17.2.

Article 18.2 j our Minister has a duty to take care of the administrative enforcement of the obligations laid down by or pursuant to Chapter 11.

Article 18.3 [expired per 01-10-2010] article 18.3 (a) [expired per 01-10-2010] article 18.3 b [expired per 01-10-2010] article 18.3 c [expired per 01-10-2010] article 11.4 d [expired per 01-10-2010] article 18.3 e [expired per 01-10-2010] article 18.3 f [expired per 01-10-2010] article 18.4 1 ensuring compliance with it by or pursuant to Chapter 16 certain, as well as compliance with the provisions referred to in article 18 of the regulation, monitoring and reporting emissions trading and of the provisions of the regulation referred to in article 18.6 verification and accreditation are responsible for emissions trading, the officials appointed by decision of the Minister.
2 with the inquiry related to offences referred to in article 19.16 (a), first and second paragraph, charged the officials appointed under paragraph 1.
3 at the service of the research they have the powers referred to in articles 5:15 to 5:20 of the General Administrative Law Act.

Article 18.5 1 it is prohibited to act contrary to the following provisions of the monitoring and reporting emissions trading Regulation: article 4 in connection with articles 5 to 9, 11, 12, 50, 51, 56 and 67.
2 it is also prohibited to act contrary to the following provisions of the Regulation monitoring and reporting emissions trading: articles 14, 15, 16, 19 to 49, 52, 53, 54, 66, 69, 72 to 57 and 73.

Article 18.6 1 it is prohibited to act in breach of article 7 in connection with chapter II and article 43 of the regulation verification and accreditation emissions trading.
2 it is also prohibited to act in breach of articles 26 and 27 of the regulation verification and accreditation emissions trading.

Article 18.6 (a) In the case of violation of the provisions in or under article 10.3, article 10.3 article article article 16.12 in connection with article 16.12, 19.99 19.99 19.99 h, article, article in connection with article 19.99 h, article 16.14 16.18 a, article, article 16.19, article c, second paragraph, article 16.21 16.20, article 16.21 in connection with article 19.99 h, 16.29, the parts b and c, article 19.99 , or of articles 18.5 and 18.6 or article 18.18, in so far as it concerns a regulation that is attached to a permit under Chapter 16, or by article 67, paragraph 1, of the regulation EU emissions trading registry, can the Board of the emission authority a cease and desist order.

Article 11.6 (b) In the case of violation of the provisions in or under articles 9.2.2.1 above, first paragraph, in so far as that relates it to another provision of fuels for transport, the first and second paragraph a or 9.7.2.3 9.2.2.6, 9.7.2.5, third paragraph, 9.7.4.13, 9.7.4.12, paragraph 1, fourth paragraph, the Board of the emission authority a cease and desist order.

Article 18.7 [expired per 01-10-2010] article 18.7 (a) [expired per 01-10-2010] article 18.8 within the jurisdiction imposing a burden under administrative coercion under article 5.15 of the law general provisions environmental law it belongs in Netherlands by or on behalf of the competent governing body managing waste in cases where such waste in violation of the by the EC waste shipment regulation or title 10.7 certain Dutch territory, inside or outside.

Article 18.8 a [expired per 01-10-2010] article 18.8 b [expired per 01-10-2010] article 18.9 [expired per 01-07-2009] article 18.10 [expired per 01-10-2010] article 21.99 [expired per 01-10-2010] article 18.12 [expired per 01-10-2010] article 18.13 [expired per 26-11-2008] article 18.14 [expired per 01-10-2010] article 18.14 a [expired per 01-10-2010] article 18.15 [expired per 01-10-2010] article 18.16 [expired per 01-10-2010] article 18.16 (a) 1 In case of violation of the provisions in or under the article 16.5 in connection with article, 16.12, 16.12 19.99 19.99 19.99, in connection with article h, 19.99 h, 16.13 a, 16.14, article 16.19, article c, second paragraph, 16.21 16.20, 16.21 in connection with article 19.99 h, article 16.29, the parts b and c, article 19.99, or of articles 18.5 and 18.6 or article 18.18, in so far as it concerns a regulation that is attached to a permit under Chapter 16 , the Board of the emission authority to impose an administrative fine the offender.
2 the Board of an administrative fine on the emission authority shall lay down in case of violation of the provisions at article 16.37, paragraph 1, or article 19.99 t, paragraph 1. Article 5:41 of the General Administrative Law Act does not apply.
3 In case of violation of the provisions in or under article 16.21 or article 18.18, in so far as it concerns a regulation that is attached to a permit under Chapter 16, an administrative fine and a cease and desist order together.

4 In case of violation of the provisions at article 16.37, first paragraph, an administrative penalty referred to in the second paragraph, can a administrative fine respectively as referred to in paragraph 1 shall be imposed in addition to an increase in the number of greenhouse gas emission allowances that whoever drives the establishment concerned, in respect of a calendar year in accordance with article 19.99 serves. In case of violation of the provisions at article 19.99 t, first paragraph, an administrative penalty referred to in the second paragraph and may be an administrative fine as referred to in paragraph 1 shall be imposed in addition to an increase in the number of greenhouse gas emission allowances that the aircraft operator with respect to a calendar year in accordance with article 19.99 w need to deliver.
5 In case of violation of the provisions at article 16.37, paragraph 1, or article 19.99 t, first paragraph, the Board of the emission authority, in addition to the imposition of an administrative penalty, the offender on the list referred to in article 18.16 p, paragraph 1.

Article 18.16 b [expired per 01-07-2009] article 18.16 c [expired per 01-07-2009] article 18.16 (d) if the conduct is also an offence and the gravity of the offence or the circumstances under which they committed is that it is necessary, shall submit to the Board of the authority to the public prosecutor for emissions.

Article 18.16 e 1 An administrative penalty referred to in article 19.16 (a), paragraph 1, shall be a maximum of € 450 000 per violation or, if the turnover of the undertaking concerned in the fiscal year preceding the year in which the decision imposing the administrative penalty is given, more than € 4 500 0000 amounts, not exceeding 10% of that turnover.
2 In case of violation of the provisions at article 16.37, paragraph 1, or article 19.99 t, first paragraph, amounts to an administrative penalty referred to in article 19.16 (a), paragraph 2, in article 16, paragraph 3, of the EC directive greenhouse gas emission allowance trading scheme mentioned amount per tonne of emission of a carbon dioxide equivalent, which caused more than matches the number of greenhouse gas emission allowance trading, emission reduction units and certified emission reductions that, in accordance with rule 16.37 , first paragraph article 19.99 t, first paragraph, is submitted. Article 5:46, paragraph 3, of the General Administrative Law Act does not apply.
3 by way of derogation from paragraph 2, the amount of the administrative penalty referred to in that paragraph, in respect of the calendar year 2013 and subsequent calendar years per tonne of emission of a carbon dioxide equivalent in article 16, paragraph 3, of the EC directive amount referred to greenhouse gas emission allowance trading, increased annually in line with the European consumer price index.
4 Article 16.4 shall apply mutatis mutandis.
5 the calculation of turnover, referred to in paragraph 1, shall be made on the base of article 377, paragraph 6, of book 2 of the civil code for the net sales.

Article 18.16 f [expired per 01-07-2009] article 18.16 g 1 Article 5:53 of the General Administrative Law Act is applicable for infringement of the provisions in article 18.16 a, under or pursuant to the first and second paragraph, first sentence, said articles.
2 In case of violation of the provisions at article 16.37, paragraph 1, or article 19.99 t, first paragraph, the report referred to in article 5:48, paragraph 1, of the General Administrative Law Act, in addition to the information referred to in the second paragraph of that article, also the name of the offender's intention to include in the review, referred to in article 18.16 p , first paragraph.
(3) if the conduct is submitted to the public prosecutor on the basis of article 18.16 (d), a copy of the report to the public prosecutor.

Article 18.16 h [expired per 01-07-2009] article 18.16 i In case of violation of the provisions at article 16.37, paragraph 1, or article 19.99 t, paragraph 1, articles 5:49, 5:50, 5:51 and 5:53, paragraph 3, of the General Administrative Law Act relating on the inclusion of the name of the offender in the review, referred to in article 18.16 p, paragraph 1.

Article 18.16 j [aging by 01-07-2009] article 18.16 k In case of violation of the provisions at article 16.37, paragraph 1, or article 19.99 t, first paragraph mentions the Commission decision imposing the administrative fine that the name of the offender is included in the statement referred to in article 18.16 p, paragraph 1.

Article 18.16 l by way of derogation from article 5:45, paragraph 1, of the General Administrative Law Act will void the jurisdiction to impose an administrative fine on the basis of article 18.16 a, paragraphs 1 and 2, ten years after the offence took place.

Article 18.16 m [expired per 01-07-2009] article 18.16 n [expired per 01-07-2009] article 18.16 o [expired per 01-07-2009] article 18.16 p 1 the Board of the emission authority shall each year before 1 October a list of persons that the provisions at article 16.37, paragraph 1, or article 19.99 t, first paragraph, have violated and in respect of whom the decision on imposition of administrative fines referred to in article 18.16 k, has become final. The overview is published in the Government Gazette.
2 a ministerial order may be asked about the review, referred to in paragraph 1.

Article 18.16 q 1 the Board of the emission authority can the one towards the in article 18.4, persons referred to in paragraph 1 or 2, breach of article 5:20, paragraph 1, of the General Administrative Law Act, impose an administrative fine of not more than 4 500 €.
2. Article 184 of the criminal code does not apply to the violation referred to in the first paragraph.

Article 18.16 r 1 the Board of the authority, the Commission of European communities emission requests an operating ban referred to in article 16, paragraph 10, of the EC directive to impose greenhouse gas emission allowance trading to an aircraft operator who does not comply with the provisions in or under section 16.2.2, if this is not with other enforcement measures could be guaranteed. The application does in each case to the in article 16, paragraph 6, of the said Directive requirements.
2 by order in Council can rules for the application of paragraph 1. If rules, in the measure in each case: (a) the cases in which a request may be submitted;
b. the procedure prior to the filing of the application must be followed.
3 the Minister may, in accordance with our Minister of transport, rules relating to the requirements that a request by the way.
4 under the second and third paragraph rules in each case to the requirements of the Commission of the European communities pursuant to article 16, twelfth paragraph, of the EC directive greenhouse gas emission allowance trading.
5 the administration of the emission authority shall send a copy of a request as referred to in paragraph 1 to the Minister and to the Minister of transport, public works and Water management. The transcript is sent simultaneously with the submission of the request to the Commission of the European communities.

Article 18.16 s 1 In case of violation of the provisions in or under articles 9.2.2.1 above, first paragraph, in so far as that relates it to another provision of fuels for transport, the first and second paragraph, 9.2.2.6 a 9.7.2.3 9.7.2.5, paragraph 1, subparagraph (a), and paragraph 9.7.4.2, 9.7.4.3, 9.7.4.4,, first, second, third, fourth and fifth member, 9.7.4.5 , first and second paragraph, 9.7.4.8, second, third, fourth, and fifth member, 9.7.4.12, first, second, third and fourth member, and 9.7.4.13, fourth paragraph, the Board of the emission authority to impose an administrative fine the offender.
2 the penalty, referred to in paragraph 1, shall be a maximum of € 450 000 per violation, or, if the turnover of the undertaking concerned in the fiscal year preceding the year in which the decision imposing the administrative fine is more than € 4 500 0000 is given, no more than 10% of that turnover.
3 article 18.16 e, paragraph 5 shall apply mutatis mutandis.
4 the administration of the emission authority may, if a inboeker three or more violations of the articles, 9.7.4.3, 9.7.4.4, 9.7.4.2 first, second, third, fourth and fifth member, 9.7.4.5 Member, 9.7.4.8, first and second, second, third, fourth, and fifth member, 9.7.4.12, first paragraph, or has committed, 9.7.4.13, fourth paragraph, provide that that inboeker during a period to be determined by the Board can post no renewable energy transport under section 9.7.4.1.

Article 18.16 t [expired per 01-01-2015] article 18.17 if, within a period of four years to a person twice for the same fact an administrative penalty referred to in article 18.16 a is imposed and the relevant fines have become irrevocably within that period, the Board of the emission authority the permit provided for in article 10.3, that the person concerned holds, withdraw.

Article 18.18 conduct in violation of a rule that is attached to a authorization or waiver under this law, is prohibited.

Article 18.19 [expired per 01-04-1994] Chapter 19. Public access to environmental information Article 19.1 (a) 1 In this chapter and the provisions based environmental information: all information, set out in documents, about:

a. the State of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;
b. factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment which affect the elements of the environment referred to in (a) or probably;
(c) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements and activities on the (a) and (b) elements and factors of the environment have or may have an impact, as well as measures or activities designed to protect those elements;
d. reports on the application of environmental legislation;
e. cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in point (c);
f. the State of human health and safety, including the contamination of the food chain, where relevant, the living conditions of man, valuable culture areas and construction works, in so far as they are or may be affected by the State of the elements of the environment referred to in (a) or, through these elements, by the factors referred to under (b) and (c) , measures or activities.
2. Article 1, introductory words and (a) of the Act shall apply mutatis mutandis.

Article 19.1 b 1 After the end of the period within which an appeal may be lodged against a decision referred to in article 13.1 on the preparation of which section 3.4 of the General Administrative Law Act applies, is, as long as they are not is extinguished, by the competent authority, on request, free of charge to any person licensed in and for a fee not exceeding the cost provided a copy of the decision and as far as possible of the pieces that related to the emergence in accordance with this law or section 3.4 or article 3:44 of the General Administrative Law Act had to be put on display.
2 after a decision pursuant to the laws referred to in article 13.1, second paragraph, to grant or amendment of a permit, which covers an IPPC installation as referred to in article 1.1 of the law general provisions environmental law, has become final, the competent authority by way of derogation from the first paragraph thereof for all the text available electronically.

Article 19.1 (c) without prejudice to article 8 of the Act provides a governing body on their own initiative, information about the public responsibilities and functions that it has as well as the public services that it provides in relation to the environment.

Article 19.2 1 In the case of an event causing an immediate threat to the life or health of persons, of the environment or of large material interests, provided the Mayor as far as this information is not already under article 7 of the law safety regions or another legal directive must be provided, to the persons that may be taken immediately in an appropriate manner, all information about the measures taken to prevent and reduce the threat and the resulting adverse consequences and the requisite behaviour for that purpose by those persons. In case of a situation referred to in article 39 of the law safety regions is the information provided by the President of the security region.
2 by order in Council may be given on cases in which information is provided pursuant to the first paragraph, on the content of the information to be provided and the way the information is provided.

Article 19.3 (1) if in a lot in respect of which by or under this Act or by Division 2.1 or 2.2 of the General Administrative Law Act disclosure is prescribed, environmental information or environmental information can be derived from such piece, whose secrecy on the basis of article 10 of the Act is justified, the competent authority may, on a written request of the party concerned, allow this for the benefit of the disclosure a , approved by the competent authority, second text, where that information does not already appear, respectively, from which it cannot be derived. The competent authority makes this power use only with respect to trade secrets and security information. In an order in Council under this law may pursuant to a treaty or a bound Netherlands for Netherlands bound for decision by a designated organization information under international law for which the option referred to in the first sentence also applies.
(2) if in a lot in respect of which by or under this Act or by Division 2.1 or 2.2 of the General Administrative Law Act disclosure is prescribed, environmental information or environmental information can be derived from such piece, the disclosure of which should remain or not not allowed to continue, on the basis of article 10, first paragraph, introductory words and point (b) article 10 , second paragraph, introductory wording and (a) of the Act, is directed by Our Minister concerned for the purposes of disclosure submitted a second text, where that information does not already appear, respectively, from which it cannot be derived.

Article 19.4 1 In cases where application has been given to article 19.3, first paragraph, the applicant, if a second text fills in the opinion of the competent authority would not provide enough data for a proper assessment of the piece to whom the application relates, another piece in conjunction with which the document is submitted, the design of the decision or the decision , the pieces within a period to be set by the competent authority as much as possible with other data that may be conducive for that assessment.
2 In cases where application has been given to article 19.3, second paragraph, fills our Minister concerned, if a second text in his opinion not enough information would provide for a proper assessment of the piece to whom the application relates, another piece in conjunction with which the document is submitted, the design of the decision or the decision, as far as possible the pieces with other data that may be conducive for that assessment.
3 On the second text, the competent authority shall draw up a note stating that this text replaces the original text in which information, whose secrecy justified respectively. If the first or second Member application has found, the note also that the pieces are supplemented with data from those members.

Article 19.5 1 On a request to maintain the confidentiality, the competent authority shall decide within four weeks of receipt. The decision shall be notified to the relevant governing bodies. If the request is in the context of the application of Chapter 7 is done and is related to a plan or decision which the Commission for environmental impact assessment in accordance with article 7.12 article 7.32, fifth paragraph, in conjunction with article 7.12, is given the opportunity to give its opinion, the decision must also be notified to that Committee.
(2) If a request for confidentiality in the context of the application of section 2.1 or 2.2 of the General Administrative Law Act in the case of a decision on request or of section 7.2 or 7.8 or 7.9 is done, the competent authority suspends the further processing of the application until, when the request is allowed, the second text has been submitted and the pieces are complemented by the in article 19.4 data referred to, first paragraph, or, if the request is rejected in whole or in part, the decision on the application has become final. The under articles 3:18 and 4:5 of the General Administrative Law Act, article 31 of the General provisions, article 3.9 of the Dienstenwet Law environmental law and article 7.21, fifth member, and 13.8 deadlines do not run as long as the treatment is suspended.
(3) If a request for confidentiality in the context of the application of section 2.1 or 2.2 of the General Administrative Law Act if the no decision on request or of paragraph 7.10 is done, let the competent authority the public disclosure of the piece to whom the application relates, is not taken until, when the request is allowed, the second text has been submitted and the pieces are complemented by the in article 19.4 data referred to, first paragraph, or, if the request is rejected in whole or in part, the decision on the application has become final.

Article 19.6 [expired per 01-07-2005] article 12.2 (a) the articles 19.3 to 19.5 shall apply mutatis mutandis to data that appear in a lot in respect of which disclosure is prescribed or that can be derived from such piece and not to be considered as environmental information.

Article 12.2 (b)


If the preparation of a decision that is appropriate under article 7.2 in respect of an activity in the preparation of which an environmental impact report must be made, or of a decision on an environmental permit for a facility, pursuant to a legal requirement or a decision of the competent authority information is made public, and that the law or decision on other grounds than provided for in article 10 of the freedom of information act against the disclosure resistance , article 10 of the Act shall apply mutatis mutandis and remains the legal regulation or decision which is against the disclosure resistance, outdoor application. If environmental information not available for inspection, shall be notified.

Article 12.2 (1) if in an emissions report referred to in article 16.1 environmental information or environmental information can be derived therefrom, which the secrecy on the basis of article 10 of the Act is justified, can the Board of the emission authority on request of the person making the installation, allow an authority approved by the Board of the emission , second text is made public, in which that information does not already appear, respectively, from which this information can be derived. The Board of the emission authority makes this power use only with respect to trade secrets and security information. The request referred to in the first sentence is done not later than three months after the end of the reporting year. When the request is submitted a second text.
(2) if in an emissions report referred to in article 16.1 or environmental information environmental information to be derived, the disclosure of which should remain or not not allowed to continue, on the basis of article 10, first paragraph, introductory words and point (b) article 10, second paragraph, introductory wording and (a) of the Act, an installation by the person making the , at the direction of the Board of the second text drawn up emission authority made public, in which that information does not already appear, respectively, from which it cannot be derived.
3 articles 19.4 and 19.5, paragraph 1 shall apply mutatis mutandis, it being understood that the governing body referred to in paragraph 1, is classed as the competent authority.
4 If a request as referred to in paragraph 1 has been made, disclosure of the emissions report is not taken until no later than four weeks after that request is irrevocable.

Article 12.3 (1) if in the data pursuant to article 12.12, fourth paragraph, in the register referred to in article 12.12, paragraph 1, should be included data can be derived or whose secrecy in accordance with article 10, paragraph 7 (b) of the Act is justified, the competent authority on request of the person making the installation where dangerous substances are present or the one who used a pipeline for the transport of dangerous goods, or the person to whom a licence has been granted for that pipeline, or on its own initiative, by way of derogation from article 12.13, paragraph 1, decide that that information to the authority referred to in article 12.12, paragraph 3, be provided or lack of is welcomed the proposed display, referred to in article 12.15 , second paragraph.
2 On a request to maintain the confidentiality, the competent authority shall decide within four weeks of receipt.
(3) If a request for confidentiality has been made, shall submit to the competent authority pursuant to article 12.13, first paragraph, the data on the external security regarding that establishment or not as the case may be, the competent authority gives no pipeline agreement as referred to in article 12.15, second paragraph, until the decision on the application has become final.
Chapter 20. Entry into force and legal protection § 20.1. General article 20.1 1 The administrative litigation section of the Council of State decided on an appeal against a decision under this Act or against decisions referred to in article 20.3, first paragraph, within twelve months after the end of the appeal period. By way of derogation from the first sentence the Department decides on an appeal against a national allocation decision as referred to in article 16.24, first paragraph, or an amended national allocation decision as referred to in article 19.95, first paragraph, within forty weeks after expiration of the term for filing a notice of appeal against the former decision.
2 the appeal against a modified national allocation decision as referred to in article 19.95, first paragraph, can only be brought by any interested party which interests are directly affected by the changes to the original national allocation decision. Article 6:13 of the General Administrative Law Act shall apply mutatis mutandis.
3 by way of derogation from article 6:8 of the General Administrative Law Act captures the time limit for lodging an appeal against a national allocation decision as referred to in article 16.24, paragraph 1, with effect from the day following that on which in the Government Gazette a notice has been served as provided for in article 16 a, paragraph 1, with effect from the day following that on which the amended national allocation decision in accordance with article 16 (a) , third paragraph, second sentence, in connection with article 16, paragraph 4, in the Official Gazette is published. By way of derogation from article 6:8 of the General Administrative Law Act captures the time limit for appealing a decision on free allocation of greenhouse gas emission allowances on the basis of article 16.32, paragraph 1, with effect from the day following that on which the applicant a notice has been served as provided for in article 16.32, fourth paragraph, or with effect from the day following that on which the in accordance with article 16.32 , fifth member, modified allocation decision is published. By way of derogation from article 6:7 of the General Administrative Law Act the minimum time-limit for lodging an appeal against a modified national allocation decision as referred to in article 19.95, first paragraph, four weeks.
4 by way of derogation from article 6:19, paragraph 1, of the General Administrative Law Act the appeal against the national allocation decision as referred to in article 16.24, first paragraph, shall be deemed also to be directed against the amended national allocation decision as referred to in article 19.95, first paragraph.

Article 20.2 [expired per 01-07-2013] article 20.2 (a) In a judicial proceeding in respect of a decision, other legal act or actual action that seeks to implement a decision taken in accordance with article 5.16, first paragraph, or applied the law, can only be used for air quality impact as far as this is not reasonably in a previous judicial procedure the next item is or could have been.

Article 20.3 1: a decision taken under this Act;
articles 34, 39, paragraph 1, and 40 of the mining, with the exception of a decision on a mining environmental permit for a mining work to post or posted on the seaward side of the line laid down in the annex to the mining and extractive plan or a decision on approval of a storage plan, as far as winning, quarrying or geothermal or storing substances shall be carried out in or from an occurrence that is located on the seaward side of the in the annex at the mining fixed line;
the nuclear energy Act;
the noise Law;
the law on air pollution;
the law on soil protection;
the Antarctica;
the EC Regulation shipments of waste;
the articles of the municipal law 125, 122 of the Provinciewet, 61 of the Waterschapswet and 5:32 of the General Administrative Law Act, in so far as the decision relates to enforcement of the provisions in or under other laws than the law general provisions environmental law to which Chapter 5 of the latter law applies, which pursuant to article 2 of the General Administrative Law Act belonging at the administrative litigation appeal to rule on jurisdiction the administrative litigation section of the Council of State can be set , shall enter into force with effect from the day after the day on which the period for filing a notice of objection expires or, if under article 7:1, first paragraph, part d or e, of the General Administrative Law Act no objection can be made, starting from the day after the day on which the period for filing a notice of appeal expires.
If during that period at the competent court a request for injunctive relief is done, the decision not to run before that request is decided.
2 by way of derogation from the first paragraph, shall take a decision as referred to in article 8.40 a or 8.42 in effect as of the day after its publication, unless it is prepared with application of section 3.4 of the General Administrative Law Act.
3 by way of derogation from the first paragraph, first sentence, shall take a decision on an application for a permit for an activity related to a device as referred to in article 15 (b) of the nuclear energy act that is also as a construction activity as referred to in article 2.1, paragraph 1 (a) of the General provisions Law environmental law that requires an environmental permit is required , not earlier than after the environmental permit is granted.

4 If the use of a decision as referred to in the first paragraph, first sentence, before on a job is decided, because of the associated costs, or for the resulting change in factual circumstances that came with the decision on the appeal may play a role, can have significant influence on that decision, is such a hit that injunctive relief that effect cannot occur.

Article 20.4 Article 20.3 shall not apply to decisions: a. on the permit or objections under the EC waste shipment regulation;
b. pursuant to Articles 122, 125 of the municipal law of the Provinciewet, 61 of the Waterschapswet and 5:32 of the General Administrative Law Act, in so far as concerns the decisions relating to the enforcement of the provisions by the first sentence in article 20.3, first paragraph, subparagraph or regulations.

Article 20.5 1 without delay In cases where the entry into force of a decision as referred to in article 20.3, first paragraph, first sentence, in the opinion of the competent authority is necessary, it can by way of derogation from that Member in the decision authorising that it enters into force immediately.
2 the first paragraph shall not apply to decisions on the preparation of which section 3.4 of the General Administrative Law Act applies.

Article 20.5 (a) 1 The administrative litigation section of the Council of State adds the treatment of its pending cases about a national allocation decision as referred to in article 16.24, first paragraph, which on the same trading period. The first sentence does not apply to subsequent amendments of a national allocation decision in accordance with subparagraph 16.2.1.3.2.
2 before deciding on an appeal against a national allocation decision as referred to in article 16.24, first paragraph, the Department, in cases where the appeal is well founded, it considers applicable to article 8:51 d of the General Administrative Law Act, it being understood that the order referred to in article 8:80a, paragraph 1, of the General Administrative Law Act, is done within eighteen weeks after the end of the applicable appeal period for that decision.
3 the Department adds to her cases with respect to a following her between pronunciation changed national allocation decision as referred to in article 19.95, first paragraph, to treat with Affairs on the original national allocation decision that already at her are pending.

§ 20.2. Advice on environmental management professions Article 20.6 [expired per 01-10-2010] article 20.7 [expired per 01-07-2005] article 20.8 [expired per 01-10-2010] article 20.9 [expired per 01-10-2010] article 20.10 [expired per 01-07-2005] article 20.11 [expired per 01-07-2005] article 24.99 [expired per 01-07-2005] article 20.13 [expired per 01-07-2005] article 20.14 1 our Minister is authorized on behalf of the State establishment to move from a foundation which aims to carry out the task referred to in article 20.15.
2 amendments to the Statute of the Foundation, or dissolution of the Foundation shall require the approval of our Minister. Before deciding on the permission, hear our Minister the administrative litigation section of the State Council.
3 the articles of Association of the Foundation ensure that the Foundation carries out its work impartially and independently.

Article 20.15 of the Foundation is to task to the administrative courts, at his request, with opinions by experts on appeals against decisions referred to in article 20.3, first paragraph, of this law as well as appeals against decisions under Chapters 6, 7 and 8 of the water law in relation to the discharge or deposit of substances and tapping of groundwater as referred to in article 6.1 of that law. At the request of the administrative courts also opinions by experts from the Foundation brings on professions on the basis of other laws, in so far as the issues associated with aspects of the environment for which the Minister is responsible.

Article 20.16 The persons that make up the organs of the Foundation, and the staff of the Foundation fulfill no functions and relations, of which the exercise is undesirable in order to maintain the impartiality and independence of the Foundation or of the trust in it.

Article 20.17 20.14 If, pursuant to article 1 a Foundation was established, Our Minister to the Foundation grant in accordance with provided by order in Council to lay down the rules, to the extent that is reasonably necessary for a good task exercise.
2. Article 8:36, paragraph 1, of the General Administrative Law Act does not apply.

Article 20.09 [expired per 01-01-1994] article 20.19 [expired per 01-01-1994] article 24.99 [expired per 01-01-1994] article 25.00 [expired per 01-01-1994] Chapter 21. Further provisions article 21.1 1 Mayor and Councillors, provincial executive and each of our Ministers concerned do annual report to the City Council, the provincial Council and the States General on their policy with regard to the implementation of chapters 8, 13 and 18 and section 14.1 of this law. Mayor and Councillors and Executive Council send the report simultaneously with the offer to the City Council or provincial Council, to the Inspector.
2 they mention in their report in every case: a. the number of times in the period covered by the report, time limits have been exceeded, that under article 3:18 of the General Administrative Law Act apply to giving the decision, their causes and the measures they have taken or will take to the exceeding of those terms as much as possible;
b. separate the manner in which the Member mentioned in the first chapters of this law have performed in respect of devices which are in whole or in part driven by the province or municipality concerned, respectively the Empire.
3 Cases in respect of which article 13.10 is applied, the report by our Minister not listed.

Article 21.2 1 our Minister shall send-as far as it concerns the area of one or more of our other Ministers, in accordance with those Ministers-within three years following the date of entry into force of this law, and every five years thereafter, a report to the States General on how it has been applied.
2 by order in Council may be set with regard to the application of paragraph 1. This may entail the obligation for identified governing bodies annually on the way to provide the data, indicated that for the preparation of the report referred to in the first paragraph are required.

Article 21.2 (a) a governing body provides the Minister the information that he needs to implement the articles 51, 55, 59 and 72 of Directive 74/60/EEC. 2010/75/EU of the European Parliament and of the Council of 24 november 2010 on industrial emissions (Ojeu L 334) obligations to provide information. A ministerial order on this subject can be.

Article 21.3 [expired per 01-10-2010] article 21.4 From order in Council can provisions of this law relating to substances, of be made to apply to micro-organisms, not genetically modified organisms.

Article 21.5 of the implementation of this law in respect of areas that are not part of a municipality or County, are, as far as necessary, in order in Council rules in respect of the governing bodies that the powers contained in this law and in respect of the governing bodies associated with that implementation should be involved.

Article 21.6 1 to the adoption, modification or revocation of an order in Council under this law shall take into account the applicable national environmental policy plan.
2 the nomination for an order in Council under article 5.1, paragraph 1, or 5.3, paragraph 3, we are done by our Minister and, as far as the parts of the environment policy within their responsibility, our Ministers of transport and the Minister of agriculture, nature and food quality and, as far as the criminal enforcement of the provisions in or under this Act or the other in article 18.2 referred to in point (a), paragraph 1, laws, our Minister of Justice. The nomination of an order in Council under section 9.2.3.2 are done by our Minister of health, welfare and Sport, also on behalf of Our Minister and the Minister of Social Affairs and employment.
3 the nomination for an order in Council under section 2.2, Chapter 7 or paragraph 14.2, we are done 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 Our done by our Minister and, as far as the parts of the environment policy within their responsibility, our Ministers of transport, of agriculture, nature and food quality and of Economic Affairs. If one or more establishments, which under our Secretary of Defense, is the nomination for an order in Council under articles 12.1, second paragraph, 12.4 and 12.5 us done by him.

4 the design of an order in Council under article 1.1, first, third, sixth, seventh or eighth member, 2.2, paragraph 3, 5.1, 5.2, paragraph b, paragraph 5, 5.3, paragraph 7.2, paragraph 1, 8.40, 8.50, fifth paragraph, second paragraph 9.2.1.3, 9.2.1.4 9.2.3.2, 9.2.3.3, 9.2.2.1 above, paragraph 1, fourth paragraph, 9.5.2, 10.2, second paragraph, second paragraph, 10.22 10.28, paragraph 1, 12.59, first paragraph , 10.32, 12.69, first and second paragraph, 10.42, first paragraph, 10.43, first paragraph, 10.44, third paragraph, 12.99, paragraph 12.19, first paragraph, 10.48, first paragraph, 12.01, first paragraph, 10.52, paragraph 1, third paragraph, 10.54 10.61, first paragraph, paragraph 11.1, 11.3, first paragraph, 11.11, second paragraph, 11.29, fourth paragraph, second paragraph 12.10, 12.12, 12.13, second and fourth paragraph, second and third paragraphs , 12.16 12.20, third paragraph, (a), paragraph 1, 12.29, 15.13, first paragraph, 15.32, paragraph 1 or 2, paragraph 15.46, 17.7 or 21.4 shall be presented to both houses of the States-General of the Netherlands and published in the Government Gazette. To each one is given the opportunity within a period to be set by that publication at least four weeks in writing comments on draft of our Minister.
5 an order in Council referred to in paragraph 4 is, after he has been identified, sent to both houses of the States-General of the Netherlands. He does not occur earlier than four weeks after the date of issue of the Official Gazette in which he is placed. Laid down pursuant to article 5.1, first paragraph, order in Council shall enter into force at a time when, after four weeks after the transmission to both houses of the States-General of the Netherlands have passed, by Royal Decree, unless within that period by or on behalf of one of the rooms of the States-General of the Netherlands or by at least one fifth of the constitutional number of members of one of the rooms is displayed that the desire in the order in Council regulated subject at law is settled. In this case, a proposal of law submitted as soon as possible, and the order in Council revoked without delay.
6 pursuant to this law in Which order in Council can be arranged, by way of derogation, a ministerial order arranged if only stretch the rules for the application of a treaty or a bound Netherlands for Netherlands for binding decision of an international organization, unless for a correct performance modification of an order in Council or the law is necessary. If the amendment of an order in Council is necessary, shall, at the same time as the nomination to us, motivated notified to both houses of the States-General of the Netherlands, under short mention of the content of the proposed order in Council. The design of a ministerial order referred to in the first sentence is at least four weeks before the scheme is adopted, sent to both houses of the States-General of the Netherlands. On the establishment of a ministerial regulation, are the second and third paragraphs shall apply mutatis mutandis.
7 the second through the fifth member and the sixth member, second, third and fourth sentence, do not apply to an order in Council under article 8.40, in so far as they relate exclusively to establishments which a designated under article 1 of the mining mining work. The nomination for an order in Council in this case is done by our Minister of Economic Affairs. It applies in this case from the first sentence of paragraph 6, the ministerial order established by our Minister of Economic Affairs.

Article 21.7 the competence of local governments and water authorities to make regulations in respect of the subject remains in which Chapter 10 provides, maintained, to the extent that such regulations are not with it by or under this law certain.

Article 21.8 If this Act regulated topics in the importance of a good implementation of this law detailed arrangements need, it can be made to order in Council.
Chapter 22. Final provisions article 22.1 1 chapters 8 and 17 and title 12.3 of this law shall not apply to establishments for which a license is required pursuant to article 15 (b) of the nuclear energy Act, except insofar as the provisions of that act otherwise. Those chapters and that title shall likewise not apply to establishments, in so far as prior to that in the first sentence by or pursuant to other than those provisions of that law permit is required or general rules apply, except insofar as the provisions laid down by or pursuant to that act otherwise.
2 section 8 of this law shall not apply to establishments are authorised or registered, as far as a required or general rules under articles 3.1, 3.3 through 3.6, 6.4 and 7.1 of the Act with respect to animals or animal by-products the water law, except insofar as the provisions of those laws otherwise.
3 section 8 of this law shall not apply to establishments in which animal fertilizers derived from outside the establishment within the meaning of the manure law be saved, edited, processed or destroyed, as far as the effective management of these substances.
4 the titles 9.2, 9.3 and 9.3 (a) do not apply to behaviors, where rules are made under or pursuant to the Law on this subject, the law plant protection and biocidal products or the chapter 2, paragraph 3, of the law.
5 title 9.2 let it in relation to certain substances or mixtures by the nuclear energy Act shall remain unaffected.
6 Title 9.2 is not applicable to the transport, the transport offer and adopt the ten transport, loading and unloading and the deposit during the transport of substances, mixtures or micro-organisms, as well as the and the let are of a means of transport in which or on which such substances, mixtures or micro-organisms or residues thereof, in so far as rules are made on this subject by the Aviation Act or on the acts referred to in article 2, paragraph 1, of the transport of dangerous substances with regard to substances, mixtures or micro-organisms, in so far as rules are made under or pursuant to the law on this subject. By way of derogation from the first sentence is Title 9.2 apply in relation to the packaging of micro-organisms, genetically modified organisms, if those organisms are to the operations provided for in the first sentence, not contained in a packaging that meets the rules that have been made under or pursuant to the Law on the matter, transport of dangerous materials or the Aviation Act.
7 pursuant to Title 9.2 are no rules set with regard to the discarding of substances and mixtures, by bringing them into surface waters, as far as the lodging of such rules pursuant to article 6.6, in conjunction with article 6.2 or 6.3 of the water law.
8 Title 9.5 does not apply to conduct on this subject, as far as rules, set by the transport of dangerous substances.
9 Article 9.5.2 and section 10 do not apply to conduct on this subject, as far as rules, laid down by or pursuant to the law: plant protection and biocidal products, the law prevent pollution from ships, the chapter 3, paragraph 3, of the Act animals, the manure law, the shipping traffic law, articles 3.1, 3.3 through 3.6, 6.4 and 7.1 of the Act animals with regard to animal by-products , the nuclear energy Act, the water law, except insofar as the provisions of those laws or this act otherwise.
10 article 9.5.2 and chapter 10, with the exception of title 10.7, do not apply to conduct on this subject, as far as requirements relating to feed, set by or pursuant to the law.

Article 22.1 (a) [expired per 24-05-2013] article 22.2 this Act may be referred to as: environmental management act.

Article 22.2 (a) [expired per 08-05-2002] article 22.3 this law shall enter into force at a time determined by us.
Charges and recommend that this in the journal will be posted, and that all ministerial departments, authorities, bodies and officials whom it may concern, to the exact implementation will keep the hand.
Paleize given at soestdijk, 13 June 1979 Juliana the Minister of public health and environmental hygiene, l. Gaines Spent the 21st August 1979 the Minister of Justice, j. das annex 1. at the environmental management act laws, referred to in articles 4.6, paragraph 3, 4.12, third paragraph, and 4.19, third paragraph, of the law on the environment: Mining Law Drinkwaterwet Aviation Act Aviation Act forest Act plant protection and biocidal products nuclear energy Act Ontgrondingenwet Law Interimwet law on noise pollution air pollution soil remediation Law prevent pollution from ships Law décor rural area soil protection Law manure law Law implementation EC directives energy efficiency nature conservation Act 1998 Law transport dangerous goods (Stb. 1995 Tracéwet, 525) Road Traffic Act 1994 Flora and fauna Act water law Law General provisions environmental law annex 2. at the environmental management Act Annex related to articles 4.9, 8.40 and title 5.2 of the environmental management Act § 1. Limit values and alert threshold for sulphur dioxide regulation 1.1 for sulphur dioxide has the following limit values for the protection of human health: a. 350 micrograms per m3 if hour mean concentration, where this maximum may be exceeded twenty-four times per calendar year;

b. 125 micrograms per m3 and twenty-four-hour mean concentration, where this up to three times per calendar year to be exceeded.

Regulation 1.2 for sulphur dioxide has the following limit values for the protection of ecosystems, in areas with an area of at least 1000 km2 which are situated 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 which per day more than 50 000 motor vehicles as referred to in article 1 of the road traffic Act 1994 use , where the ecosystem in the opinion of the competent governing body need special protection: a. 20 micrograms per m3 as an annual average concentration;
b. 20 micrograms per m3 and winterhalfjaar average concentration.

Regulation 1.3 for sulphur dioxide is 500 micrograms per m3 if hour mean concentration for three consecutive hours, in areas of at least 100 km2, if alert threshold.

§ 2. Limit values, plan thresholds and alert threshold for nitrogen dioxide regulation 2.1 1. For nitrogen dioxide, the following limit values for the protection of human health: a. m3 and 200 micrograms per hour mean concentration, where this eighteen times a calendar year may be exceeded, and b. 40 micrograms per m3 as an annual average concentration, not later than 1 January 2010.
2. Paragraph 1 (a), with effect from 1 January 2010 apply to roads which at least 40 000 motor vehicles per day use. For the purposes of the first sentence, the following definitions shall apply: motor vehicle motor vehicle referred to in the rules laid down under the road traffic Act 1994.
3. until 1 January 2010 applies to roads, referred to in paragraph 2, for nitrogen dioxide a limit value for the protection of human health by 290 micrograms per m3 if hour mean concentration, where this eighteen times per calendar year to be exceeded.
4. If as a result of measures taken by one or more administrative authorities, are taken with a view to preventing or limiting air pollution at the roads, referred to in paragraph 2, in a calendar year for the year 2010 the limit value of 200 micrograms per m3 if hour mean concentration, with up to 18 exceedances per calendar year, shall, by way of derogation from the second and third paragraphs , this limit value as of the year following the year in which the limit value referred to in the first sentence is reached.

Regulation 2.1 (a) by way of derogation from regulation 2.1 apply to one or more at order in Council designated zones or agglomerations or portion thereof, for which postponement under article 22, paragraph 1, read in conjunction with paragraph 4, of the EC air quality directive applies, to a measure called at that time, but not later than 1 January 2015, for nitrogen dioxide the following limit values for the protection of human health : a. 300 micrograms per m3, defined as hour mean concentration, where this eighteen times a calendar year may be exceeded, and b. 60 micrograms per m3, defined as an annual average concentration.

Regulation 2.2 for nitrogen dioxide apply outside under regulation 2.1 (a) designated zones and agglomerations in the next plan thresholds for the protection of human health, defined as annual average concentrations: a. in 2005, 50 micrograms per m3;
b. in 2006, 48 micrograms per m3;
c. in 2007, 46 micrograms per m3;
d. in 2008, 44 micrograms per m3;
e. in 2009, 42 micrograms per m3.

Regulation 2.3 for nitrogen dioxide apply outside under regulation 2.1 (a) designated at the roads, zones and agglomerations referred to in regulation 2.1, second paragraph, the following plan thresholds for the protection of human health, defined as hourly average concentrations where this eighteen times a calendar year may be exceeded: a. in 2005, 250 micrograms per m3;
b. in 2006, 240 micrograms per m3;
c. in 2007, 230 micrograms per m3;
d. in 2008, 220 micrograms per m3;
e. e. in 2009, 210 micrograms per m3.

Regulation 2.4 for nitrogen dioxide is 400 micrograms per m3 if hour mean concentration for three consecutive hours, in areas with a minimum area of 100 km2, if alert threshold.

§ 3. Limit value for NOx regulation 3.1 for nitrogen oxides is 30 micrograms per m3 as an annual average concentration as limit value for the protection of vegetation, in areas with an area of at least 1000 km2 which are situated 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 which per day more than 50 000 motor vehicles as referred to in article 1 of the road traffic Act 1994 use, where the vegetation in the opinion of the competent governing body in need of special protection.

§ 4. Limit values for particulate matter (PM10); plan, guideline values, threshold limit value and exposure concentration obligation for particulate matter (PM2, 5) requirement 4.1 for particulate matter (PM10) are subject to the following limit values for the protection of human health: a. 40 micrograms per m3 as an annual average concentration;
b. 50 micrograms per m3 and twenty-four-hour mean concentration, where up to thirty-five times per calendar year to be exceeded.

Regulation 4.2 Notwithstanding regulation 4.1 apply to one or more at order in Council designated zones or agglomerations or portion thereof, for which exemption under article 22, paragraph 2, read in conjunction with paragraph 4, of the EC air quality directive applies, to a measure called at that time but not after 11 June 2011, for particulate matter (PM10) the following limit values for the protection of human health : a. 48 micrograms per m3, defined as an annual average concentration, and b. 75 micrograms per m3, defined as twenty-four-hour mean concentration, where up to thirty-five times per calendar year to be exceeded.

Regulation 4.3 for particulate matter (PM2, 5), the following target for the protection of the health of humans, who with effect from 1 January 2010 as far as possible to be achieved: 25 micrograms per m3, defined as an annual average concentration.

Regulation 4.4 1. For particulate matter (PM2, 5) applies with effect from 1 January 2015 the following limit value for the protection of human health: 25 micrograms per m3, defined as an annual average concentration.
2. until 1 January 2015, the first paragraph shall not apply in the exercise of a privilege or application of a legal regulation in application of article 6.29, paragraph 1, regardless of whether the relevant exercise or application even after the said date has or may have consequences for air quality.

Regulation 4.5 for particulate matter (PM2, 5) is valid until 1 January 2015, the following plan threshold for the protection of human health, defined as an annual average concentration: in 2008, 25 micrograms per m3, increased by 20%, what percentage of the subsequent first January and then every 12 months with equal annual percentages is reduced to 0% on 1 January 2015.

Regulation 4.6 for particulate matter (PM2, 5) applies with effect from 1 January 2015, an exposure concentration obligation of not more than 20 micrograms per cubic metre, defined as average exposure index.

Regulation 4.7 a. For particulate matter (PM2, 5), the following target on reducing human exposure from 1 January 2020 to be achieved as far as possible: a. If the average exposure index in 2010 amounts to: a reduce the exposure compared to 2010 with: 8.5 μg/m3 or less 0% 8.5 μg/m3 or more but not more than 13 μg/m3 10% 13 μg/m3 or more but not more than 18 μg/m3 15% 18 μg/m3 or more but not more than 22 μg/m3 20% b. If the average exposure index 22 μg/m3 in 2010 exceeds a value of 18 μg/m3 for the average exposure indicator § 5. Limit value for lead regulation 5.1 for lead is 0.5 micrograms per m3 as an annual average concentration as limit value for the protection of human health.

§ 6. Limit value for carbon monoxide regulation 6.1 for carbon monoxide is 10 000 µg per m3 as eight-hour mean concentration as limit value for the protection of human health.

§ 7. Limit values and thresholds for benzene prescription plan 7.1 for benzene, the following limit values for the protection of human health, defined as annual average concentrations: a. up to 1 January 2010, 10 micrograms per m3;
(b). with effect from 1 January 2010, 5 micrograms per m3.

Regulation 7.2 for benzene, the following plan thresholds for the protection of human health, defined as annual average concentrations: a. in 2006, 9 micrograms per m3;
b. in 2007, 8 micrograms per m3;
c. in 2008, 7 micrograms per m3;
d. in 2009, 6 micrograms per m3.

§ 8. Guideline values, information and alert thresholds for ozone regulation 8.1 (a). For ozone, the following indicative value for the protection of human health, which with effect from 1 January 2010 to be achieved as far as possible: 120 micrograms per m3 as the highest eight-hour mean concentration of a day, which it averaged over three years on up to twenty-five days per calendar year to be exceeded.

b. for ozone, the following guide value for the long term for the protection of the health of humans: 120 micrograms per m3 as the highest eight-hour mean concentration of a day, for a calendar year.

Regulation 8.2 a. for ozone, the following 18 000 (micrograms per m3) • hours as AOT40 value for the period from 1 May to 31 July, averaged over five years, as a value that with effect from 1 January 2010 to be achieved as far as possible, to protect the vegetation.
b. for ozone is 6 000 (micrograms per m3) • hours as AOT40 value for the period from 1 May to 31 July of a calendar year as guide value for the long term, to protect the vegetation.

Rule 8.3 is an information threshold for ozone of 180 micrograms per m3 if hour mean concentration.

Regulation 8.4 for ozone is an alarm threshold of 240 micrograms per m3 if hour mean concentration.

§ 9. Guideline value for arsenic regulation 9.1 for arsenic is 6 nanograms per m3 as an annual average concentration, defined as the total arsenic in the PM10 fraction, as a value from 1 January 2013, to be attained as far as possible, for the protection of human health and the environment.

§ 10. Guide value for cadmium regulation 10.1 for cadmium is 5 nanograms per m3 as an annual average concentration, defined as the total cadmium in the PM10 fraction, as a value from 1 January 2013, to be attained as far as possible, for the protection of human health and the environment.

§ 11. Guide value for nickel regulation 11.1 For nickel applies 20 nanograms per m3 as an annual average concentration, defined as the total nickel in the PM10 fraction, as a value from 1 January 2013, to be attained as far as possible, for the protection of human health and the environment.

§ 12. Guide value for benzo (a) pyrene regulation 12.1 For benzo (a) pyrene is 1 nanogram per m3 as an annual average concentration, defined as the total content benzo (a) pyrene in the PM10 fraction, as a value from 1 January 2013, to be attained as far as possible, for the protection of human health and the environment.

§ 13. Cases referred to in articles 5.9, paragraph 1, and 5-10, paragraph 1, in which a plan is adopted and implemented.

Regulation 13.1 the cases referred to in article 5.9, paragraph 1, are: a. pitches outside the designated zones and agglomerations under regulation 2.1 (a), where the plan referred to in the rules 2.2 and 2.3 thresholds for nitrogen dioxide are exceeded, where the plan indicates how satisfied will be on the in regulation 2.1, paragraph 1 (b) and paragraph 2 limit values referred;
b. places where the plan referred to in regulation 7.2 threshold for benzene is exceeded, where the plan indicates how satisfied will be on the in regulation 7.1 (b).