The Act on the House for Whistleblowers (Wet Huis voor klokkenluiders) protects any person who is or was an employee or has or had an alike position in relation to the company. Organisations with 50 or more employees must have adopted a whistle-blowers policy according to minimum standards. In short, this approach can no longer be applied, as a result of which a number of large infrastructure projects were delayed. Netherlands law does not contain a general requirement to conduct environmental audits. The Environmental Control Act holds aftercare obligations for the provincial authorities that apply after the closure, the purpose of which is perpetual control in order to protect the surrounding environment. Request for enforcement of environmental management; Online application procedure via Message Box; Every Dutch province has its own Provincial Environmental Act (Provinciale Omgevingsverordening, POV). 10.1      What is the experience of asbestos litigation in your jurisdiction? The grounds for denial are limited to quite specific public and private interests. The new owner of polluted industrial real estate can be forced to remediate or to take control measures regardless of the existence of an indemnity. 530 0 obj<>stream This act sets out an integrated approach to environmental management in the Netherlands and provides the legal framework by defining the roles of national, provincial or regional, and municipal government. 9.2        Aside from the emissions trading schemes mentioned in question 9.1 above, is there any other requirement to monitor and report greenhouse gas emissions? Yes. The Netherlands is a party to, amongst others, the United Nations Convention on Climate Change and the Kyoto Protocol, which provide the requirement of issuing an annual national inventory report. However, in administrative and civil proceedings, the costs payable to the counterparty in case of a negative verdict are set at lump-sum rates that hardly represent the real legal costs involved. This would not be different if the sale and purchase concerns the transfer of shares in a company owning polluted property. Temporary storage before removal is allowed. The requestor does not need to have a specific quality or title, as anyone is entitled to file a request for environmental information. The violation of environmental law and risks for the environment are specifically mentioned as reportable matters under the Act on the House for Whistleblowers. Almost all national legislation on the environment is incorporated in the Environmental Management Act. Affected parties must be notified in view of any measures that need to be taken on their property. This Directive provides, amongst others, definitions of waste (any substance or object which the holder discards or intends or is required to discard), recycling and recovery. 3.4        To what extent do waste producers have obligations regarding the take-back and recovery of their waste? Both an appeal of the applicant against denial of the permit or against the permit conditions if granted, and appeals of interested parties against the granting of a permit, are possible. However, there may be relevant contractual obligations or responsibilities of lenders and collaterals may be affected by environmental pollution. ICLG - Environment & Climate Change Laws and Regulations - Many companies such as those involved in metal processing and chemical production are required to publish an annual environmental report. Given that the extent and complexity of environmental law has increased in the past few decades, most of the local governments have taken part in regional execution bodies (Regionale Uitvoeringsdiensten). Later changes should be based on a change of circumstances and cannot be excluded. If such is found to be the case, then this must be notified to the competent authority. However, related conditions may be attached to environmental permits. This could lead to, amongst others, the right of the purchaser to seek a contribution from the seller. These conditions may contain the obligation to forward a copy of the audit reports to the competent authority. If the seller provided the buyer with all the relevant details of the known pollution, the purchaser may have no basis for a claim. A remediation programme involving the excavation or treatment of polluted soil or groundwater needs to be approved by the competent authority before it can be executed. In 2018, this verdict was sustained on appeal. Some 80% of Dutch legislation on the environment is derived from EU legislation. These may include environmental insurance claims. Producers of waste who have handed over their waste to a permitted and lawful landfill can disculpate themselves from liability for damage that was caused by the substances present in the landfill on the basis of civil law. After a verdict of the court, parties may appeal to the Administrative Court of the Council of State (the highest court for administrative matters in the Netherlands). The Environmental Management Act (Wet milieubeheer), the Environmental Permitting (General Provisions) Act (Wet algemene bepalingen omgevingsrecht) and the subordinate decrees and regulations form the general regulatory framework for environmental control, permitting and enforcement. The competent authority has, however, no title if no actions were taken, or in case the actions taken were not needed in view of (the prevention of) harm to the environment. The national government has adopted an intermediary policy in 2019. 3.1        How is waste defined and do certain categories of waste involve additional duties or controls? The remediation and control of soil pollution with substances of very high concern, such as persistent organic pollutants, is a growing concern. Asbestos litigation occurs in many aspects, like (i) claims from former employees who were exposed to ACM in the past and developed an asbestos-related disease (mesothelioma), (ii) administrative and criminal enforcement actions against employers alleging the violation of the Health and Safety Act (Arbeidsomstandighedenwet) in relation to sound asbestos inventorisations and the prevention of asbestos exposure, and (iii) civil claims of parties who were confronted with asbestos in buildings and constructions and facing extra costs. �V��)g�B�0�i�W��8#�8wթ��8_�٥ʨQ����Q�j@�&�A)/��g�>'K�� �t�;\�� ӥ$պF�ZUn����(4T�%)뫔�0C&�����Z��i���8��bx��E���B�;�����P���ӓ̹�A�om?�W= 4.3        Can directors and officers of corporations attract personal liabilities for environmental wrongdoing, and to what extent may they get insurance or rely on other indemnity protection in respect of such liabilities? In view of this, the public prosecutor’s office has instituted a department with specialised prosecutors and support staff. Some fields of interest are dealt with by specific laws, such as the Soil Protection Act (Wet bodembescherming), which deals with soil pollution and remediation, the Water Act (Waterwet), which deals with water quality and water quantity control and permits discharge, and the Noise Abatement Act (Wet geluidhinder), which deals with the prevention of noise pollution. The National Waste Control Plan (2017–2029) must be applied in permitting procedures and is aimed at facilitating the transition into a circular economy. 9.1        What emissions trading schemes are in operation in your jurisdiction and how is the emissions trading market developing there? N'��)�].�u�J�r� Next to this, environmental law can lead to prosecution under criminal law. The Act stipulates the tools to be used in environmental management including: Roles and responsibilities of Central Government, Ministry of Infrastructure and Water Management. Public interest groups do not benefit from this exemption. These continue to be areas of focus. H�_�FR0"������ˎ�ʪ�P���]/΁FGlq�V=�.늝����4"�����t� However, administrative case law seems to have broadened the possibility of taking administrative environmental enforcement actions against parent companies. covers common issues in environment and climate change laws and regulations – including environmental policy and its enforcement, environmental permits, waste, liabilities, among others – in 27 jurisdictions. An asbestos inventory must be drafted by a certified company prior to any works involving the possible exposure to asbestos in the Netherlands. Netherlands If the transferee goes bankrupt, the obligation to comply with the relevant environmental and waste laws is transferred to the trustee. 0000003761 00000 n Environmental reporting is directed to stimulating companies to make production cleaner and more environmentally friendly. 7.2        When and under what circumstances does a person have an affirmative obligation to investigate land for contamination? 0 After termination of the insolvency period, this will in fact become the obligation of the competent authority taking control over the landfill. Most of the permitting and environmental enforcement is the competence of the provincial and municipal executives. By-products are not waste if certain conditions are met.