Message 001
Communication from the Commission - TRIS/(2024) 2511
Directive (EU) 2015/1535
Notification: 2024/0523/NL
Notification of a draft text from a Member State
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Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20242511.EN
1. MSG 001 IND 2024 0523 NL EN 19-09-2024 NL NOTIF
2. Netherlands
3A. Ministerie van Financiën
Belastingdienst/ Douane centrale dienst voor in- en uitvoer
3B. Ministerie van Infrastructuur en Waterstaat, Hoofddirectie Bestuurlijke en Juridische Zaken, Afdeling Water, Infrastructuur en Omgevingsrecht.
4. 2024/0523/NL - B00 - CONSTRUCTION
5. Regulation of the Minister of Infrastructure and Water Management, of [date],
No IENW/BSK-, amending the Soil Quality Regulation 2022 in connection with the updating of standard documents
6. Establishment of the environmental quality of recycling granulate;
Inspection of underground storage tanks and fittings;
Installation of geothermal systems.
7.
8. The amending Regulation identifies updated standard documents in the Soil Quality Regulation 2022. The Soil Quality Regulation 2022 addresses the requirements of the Soil Quality Decree (2006/0496/NL). The standard documents lay down detailed rules to ensure that work on soil research and protection is carried out with good quality and integrity (the ‘Kwalibo’ system). Companies carrying out work must be approved by the Minister, on the basis of accreditation or certification. Standard documents are regularly updated. The designation in the 2022 Soil Quality Regulation takes place on the basis of the Soil Quality Decree.
The standard documents have now been modified:
• to be able to take advantage of state-of-the-art technology,
• to demonstrate that recycling granulate certified on the basis of BRL 2506-2 complies with the environmental requirements set out in the Soil Quality Regulation 2022 (2021/0290/NL).
The Soil Quality Regulation 2022 (2021/0290/NL) Articles 2.1 and 2.2 refer to Annex C. This Annex C is amended to use the updated standard documents. The standard documents mentioned therein contain the actual technical requirements.
Mutual recognition is possible on the link of Article 13 of the Soil Quality Decree (2006/0496/NL), provided that a comparable level of protection for Dutch soil is achieved.
All standards documents referred to have been checked for possible incompatibility with the European Construction Products Regulation (Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC). One standard document concerns the establishment of the environmental quality of recycling granulate; the other standard documents lay down rules on work.
The Technical Requirements as set out in the amended standard documents to be designated for products (building materials, as referred to in the Soil Quality Decree) relate only to the way in which it is determined that they comply with the environmental quality requirements necessary to protect soil and surface water.
These environmental quality requirements are set out in the 2022 Soil Quality Regulation, and remain unchanged. There is no harmonised European regulation for these environmental quality requirements.
9. The standard documents are intended to protect the environment. They are appropriate and necessary for this purpose: it is important to prescribe a high state of the art when carrying out work that, if not properly carried out, may have adverse effects on the environment. Without complying with the technical requirements set out in the relevant standard documents, the activities designated therein may not be carried out. As a result, it is ensured that work is carried out with integrity and quality in order to protect the environment. There are no other, less burdensome measures to achieve this objective and the requirement does not go beyond what is necessary. Standard documents are private documents drawn up by the scheme managers and, in that sense, are linked to the self-regulatory capacity of society. We have the rules drawn up by standard institutions. For example, we use the knowledge that is present in the business community, including about the developments in their field. The government does not have that specialist knowledge, because different knowledge is important per activity. A procedure is followed in which all companies are able to respond and there are requirements for a minimum level of support among companies. The vast majority must be in favour of it. The government then examines whether it considers that appropriate standard documents provide a sufficient level of environmental protection. All this leads to a balanced balance of interests between companies and between business interests and environmental interests.
On the basis of the foregoing, the technical requirements are appropriate to protect the interest of ‘protection of the environment’ and, in form and suitability, are proportionate and concern the least restrictive means.
Three standard documents have been amended:
- BRL 2506-2 Recycling granulates. This document regulates that recycling granulate that is produced complies with the environmental quality requirements of the Soil Quality Regulation 2022. On the basis of the document, a product certificate is granted, which forms the basis for the environmental statement on soil quality (the means of proof). The amendments ensure that less visible plastic is present in the produced recycling granulate (this is necessary for confidence in the product) and that no recycling granulate is delivered for which it is still unclear at delivery whether it complies with the environmental quality requirements of the Soil Quality Regulation 2022.
The use of BRL 2506-2 is not mandatory. Producers may also issue the environmental statement on soil quality (means of proof) on the basis of a manufacturer’s own statement for the recycling granulate or individual inspections of the recycling granulate produced. These possibilities were developed in the Soil Quality Regulation 2022, and this is not amended.
- AS SIKB 6800. Control and inspection of tank (storage) installations. Some unenforceable and unnecessary obligations have been removed. Additional requirements have been set to prevent contamination with Microbiologically Induced Corrosion (MIC) bacteria during execution, as these can lead to accelerated corrosion of tanks. Soil protection at tank filling points is also checked. This was not explicitly regulated, where this is necessary for the protection of the soil.
- BRL 6000-21/00 Designing and installing power plants for geothermal systems and managing geothermal systems. A non-essential requirement related to calibration of measuring instruments has been removed, as this is already regulated by law. A previously designated amendment sheet has been integrated into the standard document (no amendment). References to legislation have been updated.
References to standard documents are removed:
There is no longer any binding reference to ISSO publications on the construction of geothermal energy systems. These are knowledge documents, which do not relate to execution of the work in accordance with the Soil Quality Decree (2006/0496/NL), but which are supportive.
10. Numbers or titles of basic texts: The basic texts were sent with a previous notification:
2021/0290/NL
2006/0496/NL
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
