Message 001
Communication from the Commission - TRIS/(2024) 2221
Directive (EU) 2015/1535
Notification: 2024/0459/NL
Notification of a draft text from a Member State
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MSG: 20242221.EN
1. MSG 001 IND 2024 0459 NL EN 23-08-2024 NL NOTIF
2. Netherlands
3A. Ministerie van Financiën
Belastingdienst/Douane centrale dienst voor in- en uitvoer.
3B. Ministerie van Infrastructuur en Waterstaat
4. 2024/0459/NL - S00E - ENVIRONMENT
5. Regulation of the State Secretary for Infrastructure and Water Management of
No IENW/BSK-2024/206245, amending the Environmental Regulation (amendment of Safeti-NL and Calculation Requirement for Environmental Safety).
6. Carrying out calculations to map out the spatial consequences of companies where there is a risk of major accidents as a result of carrying out work with dangerous substances.
7.
8. The draft Regulation aims to amend two standards in Annex II to the Environmental Regulation [Omgevingsregeling]. This concerns the Safeti-NL software package and a Calculation Requirement for Environmental Safety [Rekenvoorschrift Omgevingsveiligheid] that may contain technical requirements, the most recent versions of which are prescribed by this Regulation.
The software package which must be used to calculate the risks of working with substances that are dangerous for the environment has been prescribed since 2006. The manner in which the software package must be applied is prescribed in the Calculation Requirement for Environmental Safety. The software package and the calculation requirement continue to evolve, inter alia, through the application of new scientific insights. This results in new versions of the software package and calculation requirement. The exact versions which must be used are laid down in Annex II to the Environmental Regulation.
Companies handling dangerous substances may pose a risk to the environment in the event of a major accident (explosion, fire, toxic cloud). These include companies designated under Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L, 2012, 197). The Dutch legislation, Environmental Quality Decree [Besluit Kwaliteit Leefomgeving], stipulates which companies must submit a calculation to assess the effects of an accident on the environment. This may lead to the adoption of measures for (highly) vulnerable buildings, such as schools and hospitals, which are in the vicinity of those companies.
Mutual recognition applies to all standards set out in Annex II to the Environmental Regulation. This is regulated in Article 1.3. (mutual recognition) of the Environmental Regulation:
A recognition, quality declaration, certificate, inspection or standard as referred to in this Regulation shall be deemed equivalent to a recognition, quality declaration, certificate, inspection or standard issued, conducted or approved by a competent independent body in another Member State of the European Union, or in a State that is not a Member State of the European Union but that is party to a treaty that is binding on the Netherlands, with a level of protection that is at least equivalent to the target level under national requirements.
9. It follows from the European Seveso Directive that companies handling dangerous substances and where major accidents can occur must provide insight into the spatial consequences of such an accident. Such a risk cannot be measured and therefore the spatial impact can only be properly determined using software modelling. This is highly specialised software. At the beginning of 2000, both industry and the competent authorities called for a more uniform method of calculating environmental effects of companies handling dangerous substances. This can reduce both management and administrative burdens due to the existence of a transparent and unambiguous reference framework. As a result, the Environment Regulation (and the legislation in force since 2006) stipulated that calculations must be carried out with a specific prescribed software package (Safeti-NL). Given the desire of companies and the competent authority for uniformity, this is a necessary rule, it is the most appropriate and does not go beyond what is necessary to protect the public interest, and is the least restrictive. The way in which the software package must be applied has also been standardised by the Calculation Requirement for Environmental Safety. This uniform method of calculation is in the interest of protecting the environment of companies handling dangerous substances. This prescribed uniform and transparent method of calculation has created a level playing field within the Netherlands which does not distinguish between Dutch and foreign companies. It follows from the above that the updated standards are non-discriminatory.
As Safeti-NL is a special feature of the commercial version of Safeti (from Det Norske Veritas), the Dutch Government has purchased the licence rights and obtained the right to grant sublicences. Between 160 and 200 sublicences are now granted per year. These are, in principle, available to anyone a for fee (EUR 1 000). This implies that this measure is proportional, having to buy a commercial version is many times more expensive. Anyone can obtain a sublicence (on condition that a user course is followed) and thus this is also non-discriminatory.
10. Numbers or titles of basic texts:
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
