2021/0290/NL
EC/EFTA
NL Niederlande
  • B00 - BAUWESEN
2021-08-19
2021-05-31

Building materials, soil and dredged materials

Activities designated under the Regulation for which the exporting company must be approved and the approved company must comply with the standard document designated for that purpose.

draft of the Regulation of the Secretary of State for Infrastructure and Water Management laying down the Soil Quality Regulation 2021

The Soil Quality Regulation 2021 implements the Environmental Management Act and the Soil Quality Decree.

The Soil Quality Regulation 2021 is a fully rewritten version of the currently applicable Soil Quality Regulation.
The Soil Quality Regulation 2021 and the Soil Quality Regulation are virtually identical in content. The standard documents referred to in Annex C and D to the Soil Quality Regulation 2021 are the same standard documents, in the same versions, which are currently referred to in Annexes C and D to the Soil Quality Regulation. The introduction of the Environmental Act (not before 1 January 2022) is the reason for the complete re-registration of the Soil Quality Regulation in a new regulation. In this context, large parts of the Soil Quality Decree, on which the Soil Quality Regulation is based, will be transferred to the system of that Act. These
include, in particular, the provisions on the application of building materials, land and dredged materials. The remaining provisions of the Soil Quality Decree concern in particular ‘Kwalibo’ (the system designed to ensure the quality of the implementation of soil-relevant work) and research into the quality of building materials, soil and dredged materials and the issuing of environmental declarations on soil quality on the basis of that research, which applies to those who apply building materials, soil and dredged materials to the soil or surface water, which need to be available at the time of the application.
‘Kwalibo’ mentions that companies carrying out an activity listed in Annex C to the Regulation must firstly be recognised by the Minister. Recognition shall take place on the basis of the standard document designated in Annex C for the relevant activity, and also on the basis of an accreditation or certification first granted, which needs to be sent with the application for recognition. An approved company must comply with the standard document when carrying out its work.
The standard documents are prepared and regularly updated by the industry and the government to incorporate innovations and changing insights.

The Soil Quality Regulation and all of its amendments have been notified to the European Commission under Directive 98/34/EEC. Although the content of the Soil Quality Regulation 2021, where relevant to the technical notification, will not change, the Soil Quality Regulation 2021, including all of its annexes, is nevertheless fully notified because it has been completely reformulated. In this way, the European Commission also has a notified text of the Regulation which can serve as a reference of all future changes to the Regulation, especially Annexes C and D, which, as has been the case so far under the Soil Quality Regulation, will be notified
separately before they are adopted.