Key Benefits:
Decision of 25 November 2013 laying down rules on the costs to be charged under the Nuclear Energy Act (Fees of Fees of the Nuclear Energy Act)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Economic Affairs of 1 October 2013, No WJZ/13162708;
Having regard to Article 74 of the Nuclear Energy Act ;
The Department for the Advisory Board of the State heard (opinion of 23 October 2013, No W. 15.13.0348/IV);
Having regard to the further report of our Minister of Economic Affairs of 19 November 2013, No WJZ/13189981
Have found good and understand:
For the purpose of this Decision:
- Amount: amount as referred to in Article 74 of the Act ;
- Complicated decision: a decision relating to:
a. the safety features of a device as intended by Article 15 (b) of the Act or
b. Multiple technical or organisational processes of a device as intended by Article 15 (b) of the Act ;
- Complicated authorisation: a permit relating to:
a. the safety features of a device as intended by Article 15 (b) of the Act or
b. Multiple technical or organisational processes of a device as intended by Article 15 (b) of the Act ;
- Our Minister: Our Minister for Economic Affairs;
- Law: The Nuclear energy law .
The amount due in respect of the grant of a licence as referred to in Article 15 (a) of the Act For the transport of fissile materials, mentioned in Annex I to the Security and Nuclear Safety System is € 3,680.
1 The amount due for consideration of an application by a holder of a licence as referred to in Article 1 Article 15 (b) of the Act the granting of a licence for the holding or disposal of fissile materials referred to in Article 15 (a) of the Act shall be as follows:
a. € 6,624 if in the preparation of the permit application will be given to Article 17, first paragraph, of the Act ;
b. 3.680 if in the preparation of the permit application will be given to Article 17, second paragraph, of the Act .
2 The amount due for the grant of a licence to a holder of a licence as referred to in Article 15 (b) of the Act for the holding or disposal of fissile materials referred to in Article 15 (a) of the Act:
a. € 16.928 if used in the preparation of the permit application Article 17, first paragraph, of the Act ;
b. € 8,648 if used in the preparation of the permit application Article 17, second paragraph, of the Act .
1 The amount due for the consideration of an application for authorisation for the establishment of a facility as intended for the purpose of Article 15 (b) of the Act shall be:
a. € 755,280 if it is an establishment in which nuclear power can be released to generate electricity;
b. € 377.640 if it is an establishment in which nuclear power can be released for a purpose other than to generate electricity;
c. € 251,760 if it is a different establishment other than those mentioned in parts a and b.
2 The amount due for the granting of a licence for the establishment of a facility as referred to in Article 1 Article 15 (b) of the Act shall be:
a. € 3,776,400 if it is an establishment in which nuclear power can be released to generate electricity;
b. € 1,888,200 if it is an establishment in which nuclear energy can be released for a purpose other than to generate electricity;
c. € 1,007.040 if it is a different establishment other than those mentioned in parts a and b.
1 The amount due for the consideration of an application for authorization to bring in or operating a facility as referred to in Article 4 (1) Article 15 (b) of the Act shall be:
a. € 251,760 if it is an establishment in which nuclear power can be released to generate electricity;
b. € 251,760 if it is an establishment in which nuclear power can be released for a purpose other than to generate electricity;
c. € 125,880 if it is a different establishment other than those mentioned in parts a and b.
2 The amount due for the granting of a licence for the entry into force or entry into force of a device as referred to in Article 15 (b) of the Act shall be:
a. € 1,258,800 if it is an establishment in which nuclear power can be released to generate electricity;
b. € 755.280 if it is an establishment in which nuclear power can be released for a purpose other than to generate electricity;
c. € 377.640 if it is a different establishment other than those mentioned in parts a and b.
1 The amount due for the consideration of an application for authorization for the decommissioning or the dismantling of an establishment as referred to in Article 4 (2) of the EC Treaty. Article 15, part b , of the law:
a. € 125,880 if it is a device in which nuclear power can or could be freed up to generate electricity;
b. € 62.940 if it is an establishment in which nuclear energy can be released for a purpose other than to generate electricity;
c. € 31.470 if it is a different establishment other than those mentioned in parts a and b.
2 The amount due for the granting of a licence for the decommissioning or dismantling of an establishment as referred to in Article 4 (2) of the EC Treaty Article 15 (b) of the Act shall be:
a. € 62.940 if it is an establishment in which nuclear power can or could be freed up to generate electricity;
b. € 31.470 if it is an establishment in which nuclear energy can be released for a purpose other than to generate electricity;
c. € 31.470 if it is a different establishment other than those mentioned in parts a and b.
1 The amount due for the consideration of an application for amendment of a licence as intended for the purpose of Article 4, first paragraph , 5, 1st Member , and 6, first paragraph , as follows:
a. € 13,984 if in the preparation of the permit application will be given to Article 17, first paragraph, of the Act and it is not a complicated decision;
b. € 6,624 if in the preparation of the permit application will be given to Article 17, fourth paragraph, of the Act and it is not a complicated decision;
c. € 53.728 if it is a complicated decision.
2 The amount due for the grant of an amendment of a licence as referred to in the Article 4, first paragraph , 5, 1st Member , and 6, first paragraph , as follows:
a. € 27,232 if used in the preparation of the permit application Article 17, first paragraph, of the Act and it is not a complicated decision;
b. € 14.352 if used in the preparation of the permit application Article 17, fourth paragraph, of the Act and it is not a complicated decision;
c. € 90.528 if it is a complicated decision.
3 The first and second members shall apply mutatis mutandis to a licence as referred to in Article 2.6, fourth paragraph, of the General Provisions Act read in conjunction with Article 15aa of the Act On the understanding that there is only a complicated decision where changes have been made in relation to the authorisation for which such authorisation is to be granted, the decision is to be taken:
a. a change in the safety features of a device as intended by Article 15 (b) of the Act or
b. a change of multiple technical or organisational processes of a device as intended in Article 15 (b) of the Act .
1 The amount to be paid annually for the period from the time when an establishment as referred to in Article 15 (b) of the Act has been in operation until the time at which the licences have been withdrawn pursuant to Article 15 (b):
a. € 668.932 if it is an establishment in which nuclear power can be released to generate electricity;
b. € 36,708 if it is an establishment in which nuclear power could be released to generate electricity;
c. € 236.348 if it is an establishment in which nuclear energy can be released for a purpose other than to generate electricity;
d. € 178.204 if it is a different establishment other than those mentioned in parts a, b and c.
2 The amount due for the assessment of the report as referred to in Article 2 (4) of the Rules of Procedure of the European Union 2009 /71/Euratom on nuclear safety shall be:
a. € 600.944 if it is an assessment of a report for an establishment in which nuclear energy can be released to generate electricity;
b. 320.344 if it is an assessment of a report for an establishment with a capacity of at least 10 megawatts in which nuclear energy can be released for a purpose other than to generate electricity;
c. € 185.472 if it concerns a report for a particular establishment other than those mentioned in parts a and b.
1 The amounts referred to in the Article 3, second paragraph , 4, second paragraph , 5, second paragraph , 6, second paragraph , and 7, second paragraph , to be increased by € 13,248 if an environmental impact report as intended Chapter 7 of the Environmental Protection Act must be created.
2 The amounts referred to in the Article 3, second paragraph , 4, second paragraph , 5, second paragraph , 6, second paragraph , and 7, second paragraph By an increase of € 14,784, the Commission for the environmental impact assessment referred to in Article 2 (2) shall be increased by € 14,784. Article 2.17, first paragraph, of the Environment , an opinion must be given.
3 If external advice is requested, the amounts, intended to be used in the Articles 4 , 5 , 6 , 7, first paragraph, part c, second paragraph, part c , and 8, second paragraph , with the cost of external advice increased.
4 The amounts referred to in the Article 3, second paragraph , 4, second paragraph , 5, second paragraph , 6, second paragraph , and 7, second paragraph , shall be increased by:
a. € 250 if used in the preparation of the permit application Article 17, second or fourth paragraph, of the Act ;
b. 20,000 if used in the preparation of the permit to apply Article 17, first paragraph, of the Act ;
c. € 10,000 if the design of the decision to be taken and the decision taken has been notified abroad on the basis of a legal requirement;
d. € 10,000 if, on the basis of a statutory regulation, an environmental impact report as intended Chapter 7 of the Environmental Protection Act has been created and notified as intended Article 7.27, fourth paragraph, of the Environment is placed in the Netherlands;
e. € 5,000 if, on the basis of a statutory regulation, an environmental impact report as intended Chapter 7 of the Environmental Protection Act has been created and notified as intended Article 7.27, fourth paragraph, of the Environment has been placed abroad.
1 The amount due for an entry or renewal of an entry in the register for radiation doctors as intended Article 7, first paragraph, of the Radiation Protection Decision is € 500.
2 The amount due for a tender or renewal of an entry in the register as referred to in Article 7d of the Radiation Protection Decision is € 500.
3 The amount due for the recognition of a radiation protection training institution as referred to in Article 3 (2) of the EC Treaty. Article 7f, first paragraph, of the Radiation Protection Decision is € 1,500.
4 The amount due for the grant of a recognition as intended Article 8, first paragraph, of the Radiation Protection Decision is € 5,000.
1 If, for the consideration of an application pursuant to this Decision, more than one amount is due, only the highest amount shall be payable.
2 If the same decision grants more than one licence for which more than one amount is due pursuant to this Decision, only the highest amount shall be payable.
3 The first and second paragraphs shall not apply where an application or a decision relates to at least two or more complicated authorizations.
1 Our Minister shall take the amounts into account and shall make a decision to that effect:
a. At the same time as taking into account an application as referred to in the Article 3, first paragraph , 4, first paragraph , 5, 1st Member , 6, first paragraph , and 7, first paragraph ;
b. At the same time as the publication of the authorisation as referred to in the Article 3, second paragraph , 4, second paragraph , 5, second paragraph , 6, second paragraph , and 7, second paragraph ;
(c) for the 31 January of the year to which the amount due relates if the amount is due on the basis of the Article 8, first paragraph ;
d. simultaneously with the transmission of the assessment of the report as referred to in Article 2 (4) of the Rules of Procedure of the European Union 2009 /71/Euratom on nuclear safety ;
e. at the same time as the publication of the tender, the renewal of the registration and the approval as referred to in Article 10 .
2 On the collection of the amounts referred to in the Article 3, first paragraph , 4, first paragraph , 5, 1st Member , 6, first paragraph , and 7, first paragraph , is Title 4.4 of the General Administrative Law applicable.
1 The amounts set out in this Decision shall be adjusted each year from 1 January each year by the difference between the amounts provided for in this Decision and the amount of the amounts in the Annex In this decision, the number of hours or full-time equivalents of the rate of scale 13 recorded in that year is 13 in the Financial Information and Administration Manual. In so doing, the amounts shall be well rounded up to the whole of the euro.
2 By way of derogation from the first paragraph, the Article 9, second and fourth paragraphs , and 10 These amounts shall be adjusted each year from 1 January each year to the development of the consumer price index. In so doing, the amounts shall be well rounded up to the whole of the euro.
3 The amounts referred to in paragraphs 1 and 2 shall be communicated annually to the Minister for Official Journal of the European Parliament and of the European Parliament for a year before 1 January.
1 This Decision shall enter into force with effect from 1 January 2014.
2 The Contribution by the Nuclear Energy Act 1981 shall continue to apply to:
a. the Low Flux Reactor at Petten;
b. a report as referred to in Article 2 (4) of the Rules of Procedure of the European Union 2009 /71/Euratom on nuclear safety received by Our Minister before 1 January 2014.
The Contribution by the Nuclear Energy Act 1981 shall be withdrawn.
This Decision is cited as: Fees of Fees of the Nuclear Energy Act.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 25 November 2013
William-Alexander
The Minister for Economic Affairs,
H.G.J. Kamp
Published on 5 December 2013The Minister for Security and Justice,
I. W. Opstelten
Pending application, as referred to in or authorisation, as referred to in:
Number of hours:
Number of full-time equivalents:
| Article 2 | 40 |
|
| Article 3, first paragraph, part a | 72 |
|
| Article 3, first paragraph, part b |
40 |
|
| Article 3, second paragraph, part a |
184 |
|
| Article 3, second paragraph, part b |
94 |
|
| Article 4, first paragraph, part a | 6 |
|
| Article 4, first paragraph, part b |
3 |
|
| Article 4, first paragraph, part c |
2 |
|
| Article 4, second paragraph, part a |
30 |
|
| Article 4, second paragraph, part b |
15 |
|
| Article 4, second paragraph, part c |
8 |
|
| Article 5, first paragraph, part a | 2 |
|
| Article 5, first paragraph, part b |
2 |
|
| Article 5, first paragraph, part c |
1 |
|
| Article 5, second paragraph, part a |
10 |
|
| Article 5, second paragraph, part b |
6 |
|
| Article 5, second paragraph, part c |
3 |
|
| Article 6, first paragraph, part a | 1 |
|
| Article 6, first paragraph, part b |
0.5 |
|
| Article 6, first paragraph, part c |
0.25 |
|
| Article 6, second paragraph, part a |
0.5 |
|
| Article 6, second paragraph, part b |
0.25 |
|
| Article 6, second paragraph, part c |
0.25 |
|
| Article 7, first paragraph, part a | 152 |
|
| Article 7, first paragraph, part b |
72 |
|
| Article 7, first paragraph, part c |
584 |
|
| Article 7, second paragraph, part a |
296 |
|
| Article 7, second paragraph, part b |
156 |
|
| Article 7, second paragraph, part c |
984 |
|
| Article 8, first paragraph, part a | 5.3 |
|
| Article 8, first paragraph, part b |
0.3 |
|
| Article 8, first paragraph, part c |
1.9 |
|
| Article 8, first paragraph, part d |
1.4 |
|
| Article 8, second paragraph, part a |
4.8 |
|
| Article 8, second paragraph, part b |
2.5 2.5 |
|
| Article 8, second paragraph, part c |
1.5 |
|
| Article 9, first paragraph | 144 |
