2024/0211/NL
EC/EFTA
NL Niederlande
  • B00 - BAUWESEN
2024-07-18
2024-04-24

Establishing the environmental quality of land;

Construction and inspection of soil protection facilities;
Installation of soil energy systems.

Regulation of the State Secretary for Infrastructure and Water Management of [date, number], amending theSoil Quality Regulation 2022, in order to update standard documents and correct erroneous references.

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 carriedout with good quality and integrity (the ‘Kwalibo’ system). Companies carrying out work must be approved bythe Minister, on the basis of accreditation or certification. Standard documents are regularly updated. Thedesignation in the 2022 Soil Quality Regulation takes place on the basis of the Soil Quality Decree. Thestandard documents have now been modified:

• to be able to take advantage of state-of-the-art technology,
• to be able to demonstrate more efficiently that composite soil produced from industrial sand, broken industrialgravel and primary extracted sand meets the environmental requirements set out in the Soil Quality Regulation2022 (2021/0290/NL).
The Soil Quality Regulation 2022 (2021/0290/NL) Articles 2.1 and 2.2 refer to Annex C. This Annex C isamended to use the updated standard documents. The standard documents mentioned therein contain theactual technical requirements.
A mutual recognition provision has already been included in the Soil Quality Decree (see 2006/0496/NL). Thiswas carried out in Article 13 of that Soil Quality Decree. In order to comply with the principle of the freedom toprovide services, the aforementioned article contains provisions on mutual recognition. According to thisArticle, certificates, accreditations and recognitions issued in another EU Member State or in another Stateparty to the Agreement on the European Economic Area shall be treated as certificates, accreditations andrecognitions issued in the Netherlands. Mutual recognition is possible on the link of Article 13 of the SoilQuality 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 EuropeanConstruction Products Regulation (Regulation (EU) No 305/2011 of the European Parliament and of theCouncil of 9 March 2011 laying down harmonised conditions for the marketing of construction products andrepealing Council Directive 89/106/EEC). One standard document concerns the determination of theenvironmental quality of sand and broken gravel; the other standard documents lay down rules on work.
The Technical Requirements as set out in the amended standards documents to be designated for products(soil, dredging spoils and building materials) relate only to the way in which it is established that they meet theenvironmental quality requirements necessary to protect soil and surface water. These environmental qualityrequirements are set out in the 2022 Soil Quality Regulation, and remain unchanged. There is no harmonisedEuropean regulation for these environmental quality requirements.