Notification Detail

Decree amending the Mining Decree (amendments related to monitoring compliance during mineral exploration and extraction)

Notification Number: 2016/475/NL (Netherlands)
Date received: 09/09/2016
End of Standstill: 12/12/2016

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Message 002

Communication from the Commission - TRIS/(2016) 02791
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2016/0475/NL

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201602791.EN)

1. Structured Information Line
MSG 002 IND 2016 0475 NL EN 09-09-2016 NL NOTIF

2. Member State

3. Department Responsible
Ministerie van Financiën
Belastingdienst/Douane centrale dienst voor in- en uitvoer

3. Originating Department
Ministerie van Economische Zaken, directie Wetgeving en Juridische Zaken

4. Notification Number
2016/0475/NL - S00E

5. Title
Decree amending the Mining Decree (amendments related to monitoring compliance during mineral exploration and extraction)

6. Products Concerned
The decree concerns wastewater that remains after abstracting water from groundwater containing minerals.

7. Notification Under Another Act

8. Main Content
In addition to the requirement to have an all-in-one permit [omgevingsvergunning], which includes an environmental permit and (if necessary) an environmental impact assessment, a mining permit is also required before depositing substances into the subsoil.
Brine is considered waste. It is a residue that remains after abstracting clean water from subsoil water containing minerals:
Article 1, part A, with respect to Article 1(g), defines brine waste as:
‘g. brine: water with an increased mineral concentration that remains after obtaining water from abstracted brackish ground water;’.
The decree stipulates in Article 1, part B, paragraph 2, with respect to Article 2(1)(3), that a mining permit is not required if this residue is re-introduced at a depth of no more than 500 metres in the same area from where it was abstracted.
This is under the condition that no substances have been added to the brine.
Obtaining an all-in-one permit, which includes the environmental permit, remains mandatory.
The Order removes the double permit requirement for brine that contains no added substances and is re-introduced to the same area.
If possible, the planned entry into force is 1 January 2017 or in the first quarter of 2017.

9. Brief Statement of Grounds
Water is of great importance to horticulture, industry and water companies. The salinisation of surface water and groundwater is especially possible in the West Netherlands.
One method of obtaining usable water is by abstracting partially salinated brackish groundwater and converting it into fresh water using reverse osmosis. During this process, (more highly concentrated) saline groundwater is left behind. This thickened water is also referred to as brine. Brine may be re-introduced to the subsoil at a groundwater level with a comparable level of water quality. In general, the deeper the groundwater, the more minerals it will contain. In order to reach a layer with a comparable level of water quality, it is generally necessary to return the brine to a depth of more than 100 metres. This is under the condition that the brine being returned to the subsoil does not contain any added substances. The brine may only contain an increased concentration of substances already found in the groundwater.
In addition to abstracting and converting brackish groundwater into fresh water by concentrating residual substances into brine, there are other methods of treating partially salinated water. There is no objection to returning this groundwater to deeper layers in the subsoil, as long as no substances have been added to the groundwater.
The importance of protecting the environment is regulated under the Environmental Law (General Provisions) Act [Wet algemene bepalingen omgevingsrecht] and the Environmental Management Act [Wet milieubeheer]. The provincial and municipal authorities are the appointed as the supervisory bodies, depending on the activity. The Mining Act also regulates the re-introduction of water in subsoil. The supervisory body for this is the State Supervision of Mines. Having one licensing system and one monitoring body is the most efficient means of regulating the re-introduction of water into the subsoil. Environmental interests remain protected by the all-in-one permit and the environmental permit requirements in the Environmental Law (General Provisions) Act and the Environmental Management Act. The requirement to have a mining permit as per the Mining Act is no longer proportional. The decree stipulates that the requirement for a mining permit shall not apply when brine not containing added substances is re-introduced into the subsoil to a depth of 500 metres in the same area where the groundwater was abstracted.

10. Reference Documents - Basic Texts
Numbers or titles of the basic texts: Mining Act [Mijnbouwwet]:

Mining Decree [Mijnbouwbesluit]:

11. Invocation of the Emergency Procedure

12. Grounds for the Emergency

13. Confidentiality

14. Fiscal measures

15. Impact assessment
The decree will remove a redundant licensing system.

16. TBT and SPS aspects
TBT aspect

No - the draft has no significant impact on international trade.

SPS aspect

No - the draft is neither a sanitary nor phytosanitary measure.

Europese Commissie

Contactpunt Richtlijn (EU) 2015/1535
Fax: +32 229 98043

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