COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - THE NETHERLANDS Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Date: 2017-02-03
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, EU initiative, Netherlands, application of EU law, environmental law, environmental protection, pollution control measures

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 3.2.2017  SWD(2017) 52 final   COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - THE NETHERLANDS   Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results   {COM(2017) 63 final} {SWD(2017) 33 - 51 final} {SWD(2017) 53 - 60 final}  
 
 
The Netherlands  2 

This  report  has  been  written  by  the  staff  of  the  Directorate-General  for  Environment,  European 
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The Netherlands  3 

Table of Content 

EXECUTIVE SUMMARY .................................................................................................................................... 4 

PART I: THEMATIC AREAS ................................................................................................................................ 5 

1. 

TURNING  THE  EU  INTO  A  CIRCULAR,  RESOURCE-EFFICIENT,  GREEN  AND  COMPETITIVE  LOW-
CARBON ECONOMY ............................................................................................................................... 5 

Developing a circular economy and improving resource efficiency ...................................................... 5 
Waste management .............................................................................................................................. 8 

2. 

PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ..................................................... 10 

Nature and Biodiversity ....................................................................................................................... 10 
Estimating Natural Capital ................................................................................................................... 12 
Green Infrastructure ............................................................................................................................ 12 
Soil protection ..................................................................................................................................... 13 
Marine protection ............................................................................................................................... 13 

3. 

ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 16 

Air quality ............................................................................................................................................ 16 
Water quality and management ......................................................................................................... 17 
Enhancing the sustainability of cities .................................................................................................. 20 
International agreements .................................................................................................................... 21 

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ...................................................................... 22 

4.  MARKET BASED INSTRUMENTS AND INVESTMENT............................................................................. 22 

Green taxation and environmentally harmful subsidies ..................................................................... 22 
Green Public Procurement .................................................................................................................. 23 
Investments: the contribution of EU funds ......................................................................................... 23 

5. 

EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 25 

Effective governance within central, regional and local government ................................................. 25 
Compliance assurance ......................................................................................................................... 27 
Public participation and access to justice ............................................................................................ 29 
Access to information, knowledge and evidence ................................................................................ 29 

Environmental Implementation Report – Netherlands 

 
 
 
The Netherlands  4 

Executive summary 

About the Environmental Implementation Review 

launched 

reports  describing 

the 
the  Commission 
In  May  2016, 
Environmental  Implementation  Review  (EIR),  a  two-year 
cycle  of  analysis,  dialogue  and  collaboration  to  improve 
the  implementation  of  existing  EU  environmental  policy 
and  legislation1.  As  a  first  step,  the  Commission  drafted 
28 
the  main  challenges  and 
opportunities on environmental implementation for each 
Member  State.  These  reports  are  meant  to  stimulate  a 
positive debate both on shared environmental challenges 
for  the  EU,  as  well  as  on  the  most  effective  ways  to 
address the key implementation gaps. The reports rely on 
the detailed sectoral implementation reports collected or 
issued  by  the  Commission  under  specific  environmental 
legislation  as  well  as  the  2015  State  of  the  Environment 
Report  and  other  reports  by  the  European  Environment 
Agency.  These  reports  will  not  replace  the  specific 
instruments  to  ensure  compliance  with  the  EU  legal 
obligations.  

The  reports  will  broadly  follow  the  outline  of  the  7th 
Environmental Action Programme2 and refer to the 2030 
related 
for  Sustainable  development  and 
Agenda 
Sustainable Development  Goals  (SDGs)3  to  the  extent  to 
which  they  reflect  the  existing  obligations  and  policy 
objectives of EU environmental law4.  

The  main  challenges  have  been  selected  by  taking  into 
account factors such as the importance or the gravity of 
the  environmental  implementation  issue  in  the  light  of 
the  impact  on  the  quality  of  life  of  the  citizens,  the 
distance to target, and financial implications. 

The  reports  accompany  the  Communication  "The  EU 
Environmental  Implementation  Review  2016:  Common 
challenges  and  how  to  combine  efforts  to  deliver  better 
results", which identifies challenges that are common to 
several Member States, provides preliminary conclusions 
on  possible  root  causes  of  implementation  gaps  and 
proposes  joint  actions  to  deliver  better  results.  It  also 
groups in its Annex the actions proposed in each country 
report to improve implementation at national level. 

General profile 

The  Netherlands  has  since  long  been  a  forerunner  in 
in 
environmental  policy,  both 
tackling 
in  organising  effective 
environmental  pressures  and 

terms  of 

1 Communication "Delivering  the benefits of EU environmental policies 
Implementation  Review" 

regular  Environmental 

through  a 
(COM/2016/ 316 final). 

2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union 
Environmental  Action  Programme  to  2020  "Living  well,  within  the 
limits of our planet". 

3 United Nations, 2015. The Sustainable Development Goals  
4 This EIR report does not cover climate change, chemicals and energy. 

environmental  governance  in  partnership  with  regional 
and local administrations, with business and civil society. 
However,  there  are  still  several  main  challenges  to  be 
addressed and opportunities to be exploited.  

Main Challenges 

The main challenges with regard to implementation of EU 
environmental policy and law in the Netherlands are: 

 

 

in  particular  regarding 

Improving  water  quality, 
nutrients concentrations in surface waters. 
Improving 
the 
concentrations  of  nitrogen  dioxide  and  ozone  to 
prevent premature deaths. 

particular 

quality, 

air 

in 

  Optimising  the  contribution of  the  Natura 2000  and 
the  national  nature  networks  to  achieving  good 
conservation 
reduce  habitat 
fragmentation  and  biodiversity  loss,  atmospheric 
nitrogen deposition, desiccation and acidification.  

status,  and 

to 

Main Opportunities 

The  Netherlands  could  perform  better  on  topics  where 
there  is  already  a  good  knowledge  base  and  good 
practices. This applies in particular to: 

  Exploring  the  full  potential  of  resource  efficiency 
measures  by  small  and  medium  enterprises  (SMEs) 
by hands-on technical and financial support to SMEs. 
  Building  on  the  experience  with  flood  protection 
measures  and  promoting  green  infrastructure  as 
priority  solution  for  restoring  the  Dutch  natural 
capital and for delivering multiple services to people. 

Points of Excellence 

is  a 

The  Netherlands 
leader  on  environmental 
implementation, which is supported by innovative multi-
level  governance.  The  results  could  be  shared  more 
widely with other countries. Good examples are: 

  The  Dutch  green  public  procurement  approach  is 
one of the most ambitious and successful in the EU, 
stimulating markets for sustainable products. 

  The 

‘Green  Deals’  signed  by  government  and 
stakeholders  to  overcome  obstacles  for  green 
growth are very successful and can be seen as an EU 
good practice.  

  Mainstreaming green thinking in the financial sector, 
for example by the largest Dutch pension fund (ABP), 
which adopted a policy for sustainable investment in 
2015.  

  Pioneering  work  on  mapping  and  assessment  the 
ecosystems  and  their  services,  and  on  developing 
natural capital accounting system.  

Environmental Implementation Report – Netherlands 

 
 
                                                            
Part I: Thematic Areas 

The Netherlands  5 

1. Turning the EU into a circular, resource-efficient, green and 

competitive low-carbon economy 

Developing  a  circular  economy  and  improving 
resource efficiency 

The 2015 Circular Economy Package emphasizes the need 
to  move  towards  a  lifecycle-driven  ‘circular’  economy, 
with a cascading use of resources and residual waste that 
is  close  to  zero.  This  can  be  facilitated  by  the 
development  of,  and  access  to,  innovative  financial 
instruments and funding for eco-innovation. 
SDG  8  invites  countries  to  promote  sustained,  inclusive 
and  sustainable  economic  growth,  full  and  productive 
employment  and  decent  work  for  all.  SDG  9  highlights 
the  need  to  build  resilient 
infrastructure,  promote 
inclusive  and  sustainable  industrialization  and  foster 
innovation.  SDG 12  encourages countries  to  achieve  the 
sustainable  management  and  efficient  use  of  natural 
resources by 2030. 

Measures towards a circular economy 

Transforming our economies from linear to circular offers 
an  opportunity  to  reinvent  them  and  make  them  more 
sustainable  and  competitive.  This  will 
stimulate 
investments and bring both short and long-term benefits 
for the economy, environment and citizens alike5.  

The  Netherlands  aims  to  be  a  hotspot  for  the  circular 
economy  where  new  social  and  economic  processes  go 
hand in hand with innovative technology and production 
processes,  by  2020.  The  Netherlands  can  be  considered 
as  a  frontrunner  in  this field  and  was  one of  the  first  to 
present a circular economy programme (2014), followed 
in  September  2016  by  government  wide  Programme  on 
Circular Economy by 2050.6  Over the past years, circular 
economy,  cradle-to-cradle  and  sustainable  design  have 
become main trends.  

All policy efforts in the Netherlands related to the circular 
economy are captured in the action plan ‘From waste to 
resource’  (VANG-programme).  The  VANG-programme 
has nine overall operational goals and 54 actions in total. 
The  original  number  of  actions  (in  2013)  was  39.  This 
shows  the  flexibility  of  the  programme  to  adapt  to 
circumstances  and 
seize  opportunities.  The  nine 
operational goals and some of their key activities will be 
presented briefly below. 

Within  the  theme  of  Product  design  for  circularity  the 
aim  is  to  diminish  material  losses  by  50%,  to  5  million 
tonnes,  within  10  years. 
In  the  past  period  the 
programme  Creating  Business  through  Circular  Design 
(CIRCO)  was  launched  and  input  was  provided  for  the 
integrate  EU  product 
European  policy  process  to 
legislation with the EU Ecodesign Directive.   

In  order  to  integrate  circular  economy  in  industry  and 
policy, as well as in the curricula of relevant educational 
courses,  a  specific  programme,  the  Practice  Research 
From Waste to Resource (PRO VANG), has been set up so 
that  technical  colleges  can  work  in  partnership  with 
business  students  on  specific  technical  solutions  that  fit 
into  the  circular  economy.  It  has  funded  110  projects. 
Results  are  used 
in  the  development  of  training 
programmes.  SME-focused  research  agendas  were  also 
set  up  in  the  field  of  plastics,  metals  and  organic-waste 
processing. In addition, in the ‘Top’ sectors, the targeted 
sectors  for  growth  of  the  Dutch  Economy,  research 
agendas  are  being  developed.  Furthermore,  within  this 
activity  the  RACE-coalition 
(Realisation  Acceleration 
Circular Economy) was set up to coordinate acceleration 
of the circular economy.  

Companies  are  supported  in  assessing  their  risks  in 
relation  to  resources.  This  includes  research  on  the 
resource  situation  for  64  possibly  critical  materials  (and 
activities  to  translate  the  findings  to  useful  information 
for  entrepreneurs),  two  activities  on  promoting  the  role 
of harbours in the circular economy, and support for the 
Dutch  participation  in  the  Knowledge  and  Innovation 
Community (KIC) for Raw Materials.   

Financial  and  other  market 
incentives  have  been 
developed to promote circular entrepreneurship. Since 1 
January  2015,  the  waste  tax  is  extended  from  waste 
deposit  to  waste  incineration.  Work  is  in  progress  on 
adapting  other  taxes  for  waste.  In  order  to  further 
develop  the  theme  of  taxation  in  the  context  of  circular 
economy, this topic has been promoted during the Dutch 
EU  Presidency  in  2016.  Within  BENELUX  there  is  also 
cooperation on the circular economy78. 

An  important  trend  is  the  mainstreaming  of  green 
thinking  in  the  financial  sector.  Where  in  past  years 
sustainability  was  an  issue  only  for  a  limited  number  of 
frontrunner  and  specialised  green  banks,  sustainability, 

5 European Commission, 2015. Proposed Circular Economy Package  
6  Government  of  the  Netherlands,  2016.  A  Circular  Economy  in  the 

Netherlands by 2050. 

7 BENELUX, Roundtable 14.12.2015 
8 Luxembourg Government, Portail de l'environnement. 

Environmental Implementation Report – Netherlands 

 
 
 
                                                            
                                                            
as  part  of  the  broader  concept  of  Corporate  Social 
Responsibility (CSR), is now becoming a more prominent 
issue.  This  increase  of  attention  is  not  limited  to  the 
relation  between  the  customer  and  the 
financial 
institution,  but  also  on  the  relations  between  financial 
institutions and the companies they invest in. 

A good practice comes from the Dutch Pension Fund for 
Civil  Servants  (ABP,  the  largest  Dutch  pension  fund) 
which adopted a new policy for sustainable investment in 
2015.  Over  the  next  five  years, 
it  will  assess  the 
sustainability  and  responsible  entrepreneurship  of  all 
4,000  companies  in  which  it  invests.  Furthermore,  ABP 
wants  to  reduce  the  CO2-footprint  of  the  companies  it 
invests 
in  High 
Sustainability  Investments  (HSIs)  from  EUR  29  billion  to 
EUR  58  billion, 
in  sustainable 
energy  from  EUR  1  billion  to  EUR  5 billion,  and  increase 
involvement in issues such as human rights, security and 
education (all by 2020). 

increase  the  assets 

in  by  25%, 

investments 

increase 

Circular  Procurement  is  promoted  as  well  as  circular 
consumption  patterns.  Various  experiments  have  been 
set up, including reuse of ICT equipment that is discarded 
by the government. A specific project is set-up to remove 
regulatory barriers for the circular economy and increase 
waste  separation  by  household  to  at  least  75%  in  2020 
(or  max.  100  kg  of  residual  household  waste  per 
inhabitant  per  year). Finally, indicators and  statistics  are 
developed to increase insight in developments that may 
promote the circular economy. 

One of the most innovative instruments are the so-called 
'Green  Deals',  which  are  concluded  by  the  Dutch 
government  with  business  and  other  stakeholders  to 
overcome  obstacles  blocking  green  developments, 
through  specific  initiatives  that  contribute  to  green 
growth and can serve as an example. Since this initiative 
started  in  2011,  more  than  200  Green  Deals  have  been 
concluded,  for  example  on  energy,  climate,  water, 
natural  resources,  bio-based  economy,  construction  and 
food.9  As  part  of  the  Dutch  EU  Presidency,  a  first 
international  Green  Deal  was  closed  in  March  2016,  in 
the field of circular economy, with participation from the 
Netherlands,  France,  the  UK,  Flanders,  businesses  and 
environmental  NGOs10.  The  strong  agro-food  and 
chemical  sectors  offer  opportunities  for  replacement  of 
fossil  fuels  by  other  bio-based  sources.  The  ambition  of 
the Dutch Platform Green Resources is to replace 30% of 
fossil resources by 203011. 

To  support  implementation  of  Green  Deals  and  other 
is  keen  to 
innovative  approaches,  the  government 

9 http://www.greendeals.nl/english/  
10 Eco-innovation Observatory, Eco-innovation in The Netherlands - EIO 

Country Profile 2014-2015 

11  Ecologic  Institute,  IEEP,  BIO  by  Deloitte,  2015.  A  framework  for 
Member  States  to  support  business  in  improving  its  resource 
efficiency. Study for the European Commission  

The Netherlands  6 

remove  laws  and  regulations  obstructing  entrepreneurs 
in making their production processes circular. 

Part of the move to a circular economy is also stimulating 
a  shift  from  some  products  to  services.  Interesting 
examples  include  providing  ‘light’  instead  of  lamp  bulbs 
and the leasing of jeans instead of buying one12. 

The  Netherlands  do  not  have  central  tools  to  support 
industrial symbiosis (collaboration between companies to 
enable,  for  example,  that  waste  of  one  company 
becomes resource for another), but there are many local 
initiatives  on  this,  in  e.g.  the  energy,  metals,  chemicals, 
food and agricultural sectors13. 

The forerunning role of the Netherlands is illustrated by 
the fact that it is one of the best performers in the EU in 
terms  of  resource  productivity  (how  efficiently  the 
economy  uses  material  resources  to  produce  wealth)14, 
with  3.44  EUR/kg  in  2015  (EU  average  2.0).  Figure  1 
shows a stable increase since 2008 but a decrease since 
2013.  

Figure 

1: 

Resource 

productivity 

2003-1515 

In addition, the Netherlands employed 125,700 people in 
the  environmental  goods  and  services  sector  in  2013,  a 
slight  increase  since  2012  16.  Notwithstanding  the  many 
positive developments and achievements, there is scope 
for  the  Netherlands  to  step  up  circular  economy 
activities.  The  high 
the 
level  of  dependence  of 
imported  raw  materials  remains  a 
Netherlands  on 
concern17. Green services are increasing but more slowly 
than  might  be  expected  from  a  strong  service-based 
economy  as  the  Netherlands.  Green  banking  is  on  the 
rise;  however  only  a  minority  of  banks  are  ‘green’  and 
their  market  share  is  limited.  In  addition,  financing  eco-
innovation is a general problem as long as those are seen 

12 Eco-Innovation Observatory, Country Brief 2013 the Netherlands 
13 Eco-Innovation Observatory, Country Brief 2013 the Netherlands 
14 Resource productivity is defined as the ratio between gross domestic 

product (GDP) and domestic material consumption (DMC). 

15 Eurostat, Resource productivity, accessed October 2016 
16  Eurostat,  Employment  in  the  environmental  goods  and  services 

sector, accessed November 2016  

17  European  Environment  Agency,  2015.  State  of  the  Environment 

Report 2015 – Country briefing The Netherlands. 

Environmental Implementation Report – Netherlands 

 
                                                            
 
                                                            
as high-risk investments. 

SMEs and resource efficiency 

A  recent  study  illustrates  that  the  Netherlands  strongly 
relies on voluntary agreements and initiatives to improve 
resource  efficiency18.  No  national  policies  exist  on  other 
financing, 
support  measures, 
such  as 
supporting 
Responsibility, 
incentivising  external  audits  and  improving  company 
accounting and reporting practices19. 

improving 

Extended 

Producer 

A  recent  study  illustrates  that  the  Netherlands  strongly 
relies on voluntary agreements and initiatives to improve 
resource  efficiency20.  No  national  policies  exist  on  other 
financing, 
support  measures, 
such  as 
supporting 
Responsibility, 
incentivising  external  audits  and  improving  company 
accounting and reporting practices21. 

improving 

Extended 

Producer 

In  the  Flash  426  Eurobarometer  "SMEs,  resource 
efficiency and green markets" it is shown that 62% of the 
Dutch  SMEs  have  invested    up  to  5%  of  their  annual 
in  their  resource  efficiency  actions  (EU28 
turnover 
average  50%),  27%  of  them  are  currently  offering  green 
products  and  services  (EU28  average  26%),  59%  took 
measures  to  save  energy  (EU28  average  59%),  63%  to 
minimise waste (EU28 average 60%), 29% to save water 
(EU28  average  44%),  and  57%  to  save  materials  (EU28 
average 54%). From a circular economy perspective, 45% 
took  measures  to  recycle  by  reusing  material  or  waste 
within  the company (EU28 average  40%),  24% to  design 
products  that  are  easier  to  maintain,  repair  or  reuse 
(EU28 average 22%) and 34% were able to sell their scrap 
material to another company (EU28 average 25%).   

According to the Flash 426 Eurobarometer, the resource 
efficiency  actions  undertaken  allowed  the  reduction  of 
production  costs  in  a  40%  of  the  Netherlands'  SMEs 
(EU28 average 45%). 

The  full  potential  of  resource  efficiency  could  be  better 
tapped  into  by  these  companies.  It  has  been  estimated 
that  cost  saving  for  only  four  SME  sectors  (food  & 
beverages;  energy,  power  &  utilities;  environmental 
technologies; construction) could already amount to EUR 
3.6  billion.  This  implies  an  average  potential  saving  of 
EUR 27,600 per enterprise for in total 132,400 businesses 

18  Ecologic  Institute,  IEEP,  BIO  by  deloitte,  2015.  A  framework 
for  Member  States  to  support  business  in  improving  its 
resource efficiency. Study for the European Commission 

19  Ecologic  Institute,  IEEP,  BIO  by  deloitte,  2015.  A  framework 
for  Member  States  to  support  business  in  improving  its 
resource efficiency. Study for the European Commission 

20  Ecologic  Institute,  IEEP,  BIO  by  deloitte,  2015.  A  framework  for 
Member  States  to  support  business  in  improving  its  resource 
efficiency. Study for the European Commission 

21  Ecologic  Institute,  IEEP,  BIO  by  deloitte,  2015.  A  framework  for 
Member  States  to  support  business  in  improving  its  resource 
efficiency. Study for the European Commission 

The Netherlands  7 

in the four sectors (17% of all SMEs)22. 

Around  29,000  new  jobs  could  be  created  and  82,000 
jobs  could  be  secured  if  all  SMEs  in  these  four  sectors 
would  fully  use  their  potential  for  resource  efficiency. 
The  Flash  426  Eurobarometer  shows  that  25%  of  the 
SMEs  in  the  Netherlands  have  one  or  more  full  time 
employee  working  in  a  green  job  at  least  some  of  the 
time  (EU28  average  35%).  The  Netherlands  has  an 
average  number  of  2.5  full  time  green  employees  per 
SME (EU28 average 1.7%)23.  

Eco-innovation  

Although  eco-innovation  in  the  Netherlands  has  a  long-
standing  tradition  dating  back  to  the  1970s,  the 
Netherlands  ranks  only  14th 
in  2015  on  the  eco-
innovation scoreboard as shown in Figure 2. 

The  main  barriers  of  eco-innovation  in  the  Netherlands 
are  lack  of  entrepreneurs,  risk  aversion  and  the  cultural 
climate  for  eco-innovation,  which  is  rather  negative.  At 
the  same  time,  its  technical  position  is  rather  good,  as 
many Dutch universities are among the top in the world 
in scientific and technological disciplines24.  

the  Netherlands 

Finally, 
limited 
application  of  the  Eco-Management  and  Audit  Schemes 
(EMAS) and the Eco-label25. 

relatively 

shows 

Suggested action 

  Explore  the  full  potential  of  resource  efficiency 
measures for and by SMEs. Cost savings of at least EUR 
4  billion  per  year  are  within  reach  with  an  adequate 
investment climate and hands-on, direct technical and 
financial support to SMEs. 

22 RPA,  2014.  Study on Economic and Social Benefits of Environmental 
Protection  and  Resource  Efficiency  Related  to  the  European 
Semester. Study for the European Commission 

23  The  Flash  426  Eurobarometer  "SMEs,  resource  efficiency  and  green 
markets"  defines  "green  job"  as  a  job  that  directly  deals  with 
information,  technologies,  or  materials  that  preserves  or  restores 
environmental  quality.  This  requires  specialised  skills,  knowledge, 
training, or experience (e.g. verifying compliance with environmental 
legislation,  monitoring  resource  efficiency  within  the  company, 
promoting and selling green products and services). 

24  Eco-Innovation  Observatory,  Country  Brief  2013  the  Netherlands,  p. 

11 

25  For  example,  the  Netherlands  was  awarded  85  Eco  label  licences  in 
March  2015,  slightly  above  the  EU  average.  The  Netherlands 
performed  below  the  EU  average  with  1068  Eco-label  products  and 
services. See European Commission, 2016. Ecolabel  

Environmental Implementation Report – Netherlands 

 
                                                            
 
 
 
 
 
 
 
 
                                                            
Figure 2: Eco-Innovation Index2015 (EU=100)26 

The Netherlands  8 

performance  of  Member  States.  This  section  focuses  on 
management  of  municipal  waste  for  which  EU  law  sets 
mandatory recycling targets. 

Figure  3  shows  that  municipal  waste  generated  in  the 
Netherlands in 2014 has remained largely the same as in 
2013 breaking the downward trend of the previous years. 
It  remains  above  the  EU  average  (527  kg/y/inhabitant 
compared  to  475  kg/y/inhabitant 
in  the  EU).  The 
recycling rate (including composting) of municipal waste 
is  51%;  incineration  (energy  recovery)  represents  48% 
and landfilling 1%.   

Figure  3:  Municipal  waste  by  treatment 
Netherlands 2007-1428 

in  the 

Waste management  

Turning waste into a resource requires: 
 

implementation  of  Union  waste 

legislation, 
Full 
which  includes  the  waste  hierarchy;  the  need  to 
ensure  separate  collection  of  waste;  the  landfill 
diversion targets etc. 

  Reducing  per  capita  waste  generation  and  waste 

 

generation in absolute terms. 
Limiting energy recovery to non-recyclable materials 
and  phasing  out 
recyclable  or 
recoverable waste. 

landfilling  of 

SDG  12  invites  countries  to  substantially  reduce  waste 
generation  through  prevention,  reduction,  recycling  and 
reuse, by 2030. 

The EU's approach to waste management is based on the 
"waste  hierarchy"  which  sets  out  an  order  of  priority 
when  shaping  waste  policy  and  managing  waste  at  the 
operational 
level:  prevention,  (preparing  for)  reuse, 
recycling,  recovery  and,  as  the  least  preferred  option, 
disposal  (which 
incineration 
without energy recovery). The progress towards reaching 
recycling 
the  adoption  of  adequate 
WMP/WPP27  should  be  the  key  items  to  measure  the 

landfilling  and 

targets  and 

includes 

Figure 4 shows that the Netherlands has reached the EU 
2020 recycling rate target of 50% in 2014 (50.9%), being 
ahead of the EU average (43.4%).  

Recycling  related  sectors  have  grown  much  faster  than 
the Dutch economy. Recycling is however only a first step 
to  a  ‘circular’  economy:  the  challenge  is  to  get  more 
value out of the recycled waste. TNO, 2013 estimates the 
potential  for  growth  in  the  circular  economy  in  the 
Netherlands to EUR 7.3 billion, involving 54,000 jobs29. In 
the  metal  and  electronics  sector  this  e.g. 
involves 
increased maintenance and repair, more intensive reuse 
and  further  growth  of  recycling; 
in  the  bio-sector 
important  options  are  bio-refining,  biogas  recovery  and 
the more intensive separation of consumer waste. 

Full  implementation  of  the  existing  waste  legislation 
could create more than 2100 jobs in the Netherlands and 
increase the annual turnover of the waste sector by over 
EUR  230  million.  Moving  towards  the  targets  of  the 
Roadmap  on  resource  efficiency  could  create  over  7100 

26 Eco-innovation Observatory: Eco-Innovation scoreboard 2015 
27 Waste Management Plans/Waste Prevention Programmes 

28  Eurostat,  Municipal  waste  and  treatment,  by  type  of  treatment 

method, accessed October 2016 

29 TNO, 2013. Opportunities for a circular economy in the Netherlands.  

Environmental Implementation Report – Netherlands 

 
 
                                                            
 
                                                            
additional  jobs  and  increase  the  annual  turnover  of  the 
waste sector by over EUR 750 million30. 
Figure 4: Recycling rate of municipal waste 2007-1431 

The Netherlands  9 

Within the national action plan ‘From waste to resource’ 
(VANG)  a  goal  is  set  to  reduce  the  amount  of  residual 
waste  incinerated/landfilled  from  10  Mton  in  2012  to 
5Mton  in  2022.    Besides  that  a  target  has  been  set  to 
reduce the amount of residual waste from households to 
100kg  per  inhabitant  per  year.  This  target  can  only  be 
achieved when prevention as well as recycling increase. 

Suggested action 

  Introduce 

new 

policies, 

including 

economic 
instruments,  to  promote  prevention,  make  reuse  and 
recycling more economically attractive, building further 
on  the  existing  policy  to  promote  'pay  as  you  throw' 
schemes.  

30 Bio Intelligence service, 2011. Implementing EU Waste legislation for 
Green Growth, study for European Commission. The breakdown per 
country on job creation was made by the consultant on Commission 
demand but was not included in the published document.   

31 Eurostat, Recycling rate of municipal waste, accessed October 2016 

Environmental Implementation Report – Netherlands 

 
 
 
  
                                                            
2. Protecting, conserving and enhancing natural capital 

The Netherlands  10 

Nature and Biodiversity  

The  EU  Biodiversity  Strategy  aims  to  halt  the  loss  of 
biodiversity  in  the  EU  by  2020,  restore  ecosystems  and 
their services in so far as feasible, and step up efforts to 
avert  global  biodiversity  loss.  The  EU  Birds  and  Habitats 
Directives  aim  at  achieving  favourable  conservation 
status of protected species and habitats. 

 SDG  14  requires  countries  to  conserve  and  sustainably 
use the oceans, seas and marine resources, while SDG 15 
requires  countries  to  protect,  restore  and  promote  the 
sustainable  use  of  terrestrial  ecosystems,  sustainably 
manage  forests,  combat  desertification,  and  halt  and 
reverse land degradation and halt biodiversity loss. 

The  1992  EU  Habitats  Directive  and  the  1979  Birds 
Directive are the cornerstone of the European legislation 
aimed  at  the  conservation  of  the  EU's  wildlife.  Natura 
2000, the largest coordinated network of protected areas 
in  the  world,  is  the  key  instrument  to  achieve  and 
implement the Directives' objectives to ensure the  long-
term  protection,  conservation  and  survival  of  Europe's 
most  valuable  and  threatened  species  and  habitats  and 
the ecosystems they underpin. 

The  adequate  designation  of  protected  sites  as  Special 
Ares  of  Conservation  (SAC)  under  the  Habitats  Directive 
and  as  Special  Protection  Areas  (SPA)  under  the  Birds 
Directive 
is  a  key  milestone  towards  meeting  the 
objectives  of  the  Directives.  The  results  of  Habitats 
Directive Article 17 and Birds Directive Article 12 reports 
and  the  progress  towards  adequate  Sites  of  Community 
Importance (SCI)-SPA and SAC designation32 both in land 
and  at  sea,  should  be  the  key  items  to  measure  the 
performance of Member States. 

Biodiversity has steadily declined during the past century 
in the Netherlands. In the last years, this decline has been 
gradually  slowing  down.  In  2014  Dutch  Environment 
Assessment  Agency  concluded  that  75%  of  the  habitats 
and  species  protected  by  the  Birds  and  Habitats 
Directives  are  still 
in  an  unfavourable  status  of 
conservation.33  34  This  is  also  confirmed  by  the  reports 
received by the Commission.  

Decreasing  over-fertilization  and  acidification  have  had 

32 Sites of Community Importance (SCIs) are designated pursuant to the 
Habitats  Directive  whereas  Special  Areas  of  Protection  (SPAs)  are 
designated  pursuant  to  the  Birds  Directive;  figures  of  coverage  do 
not add up due to the fact that some SCIs and SPAs overlap. Special 
Areas of Conservation (SACs) means a SCI designated by the Member 
States. 

33 Planbureau voor de Leefomgeving, 2014. Balans van de Leefomgeving  
34  Conservation  status  is  assessed  using  a  standard  methodology  as 
being 
and 
‘unfavourable-bad’, based on four parameters as defined in Article 1 
of the Habitats Directive. 

‘unfavourable-inadequate’ 

‘favourable’, 

either 

positive  effects  on  biodiversity.  Due  to  expansion  of 
nature areas, land available to plant and animal species is 
increasing.  Overall,  biodiversity  loss  has  slowed,  but  not 
stopped  and  outside  the  nature  areas,  however, 
biodiversity still continues to decline35. 

Habitat fragmentation, atmospheric nitrogen deposition, 
desiccation  and  acidification  are  still  major  threats  to 
terrestrial biodiversity in the Netherlands. Desiccation of 
groundwater dependent nature is a wide-spread problem 
and  in  two-thirds  of  the  natural  area  critical  loads  for 
nitrogen  deposition  are  still  exceeded.  At  sea  the  main 
threats  to  biodiversity  result  from  pollution  and  fishing 
industry. The threat of potentially invasive alien pecies is 
increasing36.  

By  early  2016,  13.29%  of  the  national  land  area  of  the 
Netherlands  was  covered  by  Natura  2000  (EU  average 
18.1%),  with  Birds  Directive  SPAs  covering  11.48%  (EU 
average 12.3%) and Habitats Directive SCIs covering 7.55 
% (EU average 13.8%)37.  

The  Natura  2000  sites  are  being  complemented  by 
national  network  nature  areas.  The  process  for  the 
designation of the sites as special areas of conservation is 
almost  complete  and  the  establishment  of management 
plans for all sites is making good progress.  

The latest assessment of the Natura 2000 network shows 
that the Netherlands have largely completed their Natura 
2000 network on land and on sea. Only a few minor gaps 
still need to be addressed38 as shown in Figure 539.  

35  European  Environment  Agency,  2015.  State  of  the  Environment 

Report 2015 – Country briefing The Netherlands 

36 Rijksoverheid, 2014. Rijksnatuurvisie 2014 'Natuurlijk verder' 
37 Sites of Community Importance (SCIs) are designated pursuant to the 
Habitats  Directive  whereas  Special  Areas  of  Protection  (SPAs)  are 
designated pursuant to the Birds Directive; figures do not add up due 
to  the  fact  that  some  sites  are  designated  as  both  SCIs  and  SPAs. 
Special Areas of Conservation (SACs) means a SCI designated by the 
Member States. 

38  For  each  Member  State,  the  Commission  assesses  whether  the 
species  and  habitat  types  on  Annexes  I  and  II  of  the  Habitats 
Directive,  are  sufficiently  represented  by  the  sites  designated  to 
date.  This  is  expressed  as  a  percentage  of  species  and  habitats  for 
which further areas need to be designated in order to complete the 
network  in  that  country.  The  current  data,  which  were  assessed  in 
2014-2015, reflect the situation up until December 2013. 

39 The percentages in Figure 5 refer to percentages of the total number 
of assessments (one assessment covering 1 species or 1 habitat in a 
given biographical region with the Member State); if a habitat type or 
a species occurs in more than 1 Biogeographic region within a given 
Member State, there will be as many individual assessments as there 
are  Biogeographic  regions  with  an  occurrence  of  that  species  or 
habitat in this Member State. 

Environmental Implementation Report – Netherlands 

 
 
                                                            
 
 
                                                            
Figure 5: Sufficiency assessment of SCI networks in the 
Netherlands  based  on  the  situation  until  December 
201340 

assessments  respectively  for  species  and  habitats  were 
showing a positive trend in 2013.  

Figure 6: Conservation status of habitats and species in 
the Netherlands in 2007/2013 (%)44 

The Netherlands  11 

In  2014  the  Dutch  Government  adopted  a  new  nature 
vision,  ‘Nature  of  the  Future’,  which  has  at  its  core  a 
desired  shift 
in  thinking  about  nature  policy:  from 
protecting  nature  against  society  towards  strengthening 
nature  with  society41.  Biodiversity  targets  should  be 
reached  by  using  all  opportunities  for  synergy  between 
nature  values  and  social  and  economic  activities.  The 
approach should give more room to dynamic and robust 
ecosystems,  while  focusing  on  landscape  and  national 
levels rather than on the local level. Nature is seen as the 
basis  of  general  prosperity  and  well-being  and  the 
interests  of  society  as  going  beyond  the  preservation  of 
biodiversity  per  se.  The  combination  of  nature 
conservation with private and public initiatives should be 
encouraged and any ineffective elements  of the existing 
regulatory framework will be questioned.  

Figure  7  illustrates  that  that  a  substantial  part  -  more 
than  one-third  -  of  the  bird  species  breeding  in  the 
Netherlands  has  decreasing  populations.  For  wintering 
species this is around 20%. 

Figure  7:  Short-term  population  trend  of  breeding  and 
wintering bird species in the Netherlands in 2012 (%)45 

According to the latest report on the conservation status 
of  habitats  and  species  covered  by  the  Habitats 
Directive42,  3.8%  of 
the  habitats'  biogeographic 
assessments  were  favourable  in  2013  (EU  27:  16%).  On 
the other hand, 50 % are considered to be unfavourable–
inadequate (EU27: 47%) and 46% are unfavourable – bad 
(EU27: 30%). As for the species, 23% of the assessments 
(EU  27:  23%),  23%  at 
were  favourable 
50% 
unfavourable-inadequate 
unfavourable-bad status (EU27: 18%). This is depicted in 
Figure  643.  54.4%  and  10%  of  the  unfavourable 

in  2013 

(EU27: 

42%) 

and 

40 European Commission internal assessment. 
41 Netherland Environment Assessment Agency, Nature Outlook 
42 The core of the ‘Article 17’ report is the assessment of conservation 
status of the habitats and species targeted by the Habitats Directive. 
43 Please note that a direct comparison between 2007 and 2013 data is 
complicated by the fact that Bulgaria and Romania were not covered 
by  the  2007  reporting  cycle,  that  the  ‘unknown’  assessments  have 
strongly diminished particularly for species, and that some reported 
changes  are  not  genuine  as  they  result  from  improved  data  / 
monitoring methods. 

The  Netherlands  have  established  a  programmatic 
approach  to  address  agricultural  activities  in  a  general 
context of very high levels of nitrogen deposition. 

They  are  implementing  a  new  collective  approach  to 
financing agri-environmental measures under their Rural 

44 These figures show the percentage of biogeographical assessments in 
each  category  of  conservation  status  for  habitats  and  species  (one 
assessment  covering  1  species  or  1  habitat  in  a  given  biographical 
region  with  the  Member  State),  respectively.    The  information  is 
based  on  Article  17  of  the  Habitats  Directive  reporting  -  national 
summary of the Netherlands. 

45 Article 12 of the Birds Directive reporting  - national summary of the 

Netherlands 

Environmental Implementation Report – Netherlands 

 
 
                                                            
 
 
                                                            
Development  Programme,  which  is  part  of  the  EU's 
Common  Agricultural  Policy.  Restricting  subsidies  under 
this scheme to groups of farmers who commit to agreed 
nature  conservation  objectives  for  large  areas,  aims  at 
improving the efficiency and coherence of the measures 
involved  and  enhancing  the  interest  and  motivation  of 
the 
in  nature 
conservation efforts. 

farming  community 

to  participate 

In  the  Netherlands  the  share  of  forests  is  one  of  the 
lowest  in  the  EU.  Only  11%  of  the  land  (and  0.2  ha  per 
capita)  is  forests  &  other  wooded  land  –  the  second 
lowest value  in  the  EU.  Management  of Dutch  forests  is 
well  framed  but  also  characterised  by  high  intensity 
practices  and  a  relatively  poor  biodiversity  situation. 
Forest Europe data from 2006 suggest that forests in the 
Netherlands are more fragmented than in most other EU 
countries.  

In  2010,  the  entire  Dutch  forest  area  was  under  a 
management plan or equivalent. All assessments of their 
conservation  status  during  the  2007-12  period  were 
'unfavourable'46. 

The  rich  and  unique  fauna  and  flora  in  the  Dutch 
overseas  entities  is  not  covered  by  Natura  2000  and 
therefore  targeted  protection  measures  and  adequate 
financial resources supported by sustainable partnerships 
should be devoted to conserving their exceptional wealth 
of  biodiversity, 
the  conclusions  of 
line  with 
in 
Environment Council of December 2015.   

Suggested action 

  Further  optimise  the  contribution  of  Natura  2000  and 
national nature protection networks to achieving good 
conservation status, and reduce habitat fragmentation, 
atmospheric  nitrogen  deposition,  desiccation  and 
acidification. 

  Complete  the establishment of  management  plans  for 
all  Natura  2000  sites  and  ensure  their  full  and  active 
implementation  in  order  to  maintain/restore  species 
and  habitats  of  community  interest  to  a  favourable 
conservation status across their natural range.  

  Ensure  that  the  Rural  Development  Programme  and 
the  implementation  of  greening  favour  biodiversity 
measures  and  contribute  to  achieving  a  favourable 
conservation status of habitats and species. 

Estimating Natural Capital  

The EU Biodiversity Strategy to 2020 calls on the Member 
States  to  map  and  asses  the  state  of  ecosystems  and 
their  services  in  their  national  territory  by  2014,  assess 
the  economic  value  of  such  services,  and  promote  the 
integration of these values into accounting and reporting 
systems at EU and national level by 2020. 

46  Article  17  of  the  Habitats  Directive  reporting  -  national  summary  of 

The Netherlands  12 

The Netherlands is developing an Atlas of Natural Capital 
(ANK)  in  the context  of  the Mapping and Assessment  of 
Ecosystems  and  their  Services  (MAES)47.  The  Dutch 
environmental Assessment Agency (PBL) finalised a large 
natural  capital  programme  that  provides  evidence  on 
how  different  domains  can  use  the  concepts  of  natural 
capital  and  ecosystem  services  to  make  their  decisions 
more  nature-inclusive.   It  included  a  number  of  studies 
on  the  use  of  ecosystem  services48  in  agriculture  under 
the  new  CAP, 
in  new  biobased 
in  flood  defence, 
production  opportunities  and  in  business-development, 
as well as on ecosystem services and international trade 
in agricultural and forestry products49. 

The  Netherlands  has  a  well-developed  system  of 
environmental accounts, in particular in the water sector, 
and 
is  one  of  the  few  Member  States  to  have 
experimented  concretely  with  ecosystem  accounts  at 
local  level.  The  experiments  are  at  the  moment  being 
scaled  up  to  a  regional  and  national  level.  NGO’s, 
companies and governmental organisations have agreed 
to  collaborate  on  transparency  regarding  natural  and 
social capital. In the province of Limburg, accounts have 
been  developed  for  a  number  of  ecosystem  types  and 
ecosystem  types,  using  bio  physical  information,  as  well 
as monetary estimates.  

Suggested action 

  Continue  the  current  efforts  to  map  and  assess 
ecosystems  and  their  services,  and  develop  natural 
capital  accounting  systems,  and  share  the  experience 
gained with other Member States.  

Green Infrastructure  

The  EU  Green  Infrastructure  Strategy50  promotes  the 
incorporation  of  green  infrastructure  into  related  plans 
and  programmes  to  help  overcome  fragmentation  of 
habitats  and  preserve  or  restore  ecological  connectivity, 
enhance  ecosystem  resilience  and  thereby  ensure  the 
continued provision of ecosystem services. 

Green  Infrastructure  provides  ecological,  economic  and 
social  benefits  through  natural  solutions.  It  helps  to 
understand the value of the benefits that nature provides 
to human society and to mobilise investments to sustain 
and enhance them. 

Whilst  the  Netherlands  were  one  of  the  frontrunners  in 
developing  its  National  Ecological  Network  in  the  years 
following  its  design  phase  in  the  1990s,  the  subsequent 
budget  and  resource  cuts  at  national  level  have  limited 

47 Atlas Natural Capital, 2016. Natural Capital 
48  Ecosystem  services  are  benefits  provided  by  nature  such  as  food, 

clean water and pollination on which human society depends. 

49 TEEB, 2016. Making Nature's Values Visible 
50 European Union, Green Infrastructure — Enhancing Europe’s Natural 

the Netherlands. 

Capital, COM/2013/0249 

Environmental Implementation Report – Netherlands 

 
                                                            
                                                            
the functionality of the national ecological network51 for 
biodiversity protection and its capacity to deliver multiple 
ecosystem services to citizens.  

achieve no net land take by 2050. 

SDG  15  requires  countries  to  combat  desertification, 
restore degraded land and soil, including land affected by 
desertification, drought and floods, and strive to achieve 
a land-degradation-neutral world by 2020. 

The Netherlands  13 

Soil is an important resource for life and the economy. It 
provides  key  ecosystem  services  including  the  provision 
of food, fibre and biomass for renewable energy, carbon 
sequestration,  water  purification  and  flood  regulation, 
the provision of raw and building material. Soil is a finite 
and  extremely 
increasingly 
degrading  in  the  EU.  Land  taken  by  urban  development 
and infrastructure is highly unlikely  to be reverted to its 
natural  state;  it  consumes  mostly  agricultural  land  and 
increases  fragmentation  of  habitats.  Soil  protection  is 
indirectly  addressed  in  existing EU policies  in  areas  such 
as  agriculture,  water,  waste,  chemicals,  and  prevention 
of industrial pollution. 

resource  and 

fragile 

Figure  8  shows  the  different  land  cover  types  in  the 
Netherlands in 2012. 
Figure 8: Land Cover types in the Netherlands in 201255 

In the Netherlands, the annual land take rate (growth of 
artificial  areas)  was  0.78%  over  the  period  2006-2012, 
well above the EU average (0.41%). It represented 4,034 
hectares  per  year  and  was  mainly  driven  by  housing, 
services  and  recreation  as  well  as 
industrial  and 
commercial sites. The percentage of built up land in 2009 

55 European Environment Agency, Land cover 2012 and changes country 

analysis [publication forthcoming] 

Further to the biodiversity conservation function of such 
Green  Infrastructure,  the  Netherlands  have  invested 
considerably into solutions for climate change adaptation 
by  restoring  the  water  retention  capacity  of  floodplain 
ecosystems in its 'ruimte voor de rivier'52 programme, but 
the  integration  of  climate  adaptation  and  biodiversity53 
aspects  would  need  to  be  further  intensified  in  the 
future.  

for  sustainable  urban  development 
Considerations 
through  Green  Infrastructure  are taken up locally  54  and 
should  be  further  promoted  and 
in  the 
relevant  financing  tools.  Benefits  for  health  policy, 
sustainable  agriculture  and  innovation/creating  markets 
for  SMEs  through  Green  Infrastructure  are  tapped  into 
locally  but  there  is  scope  to  promote  them  also  at 
national 
level.  The  government  stimulates  climate 
adaptation in the framework of the Delta programme. 

integrated 

Soil protection  

further  soil  degradation  and 

The  EU  Soil  Thematic  Strategy  highlights  the  need  to 
ensure  a  sustainable  use  of  soils.  This  requires  the 
prevention  of 
the 
preservation of its functions, as well as the restoration of 
degraded  soils.  The  2011  Road  Map  for  Resource-
Efficient  Europe,  part  of  Europe  2020  Strategy  provides 
that  by  2020,  EU  policies  take  into  account  their  direct 
and  indirect  impact  on  land  use  in  the  EU  and  globally, 
and  the  rate  of  land  take  is  on  track  with  an  aim  to 

51 Bakker, M., Alam, S., van Dijk, J., Rounsevell, M., Spek, T. & van den 
Brink, A., 2015. The feasibility of implementing an ecological network 
in  The  Netherlands  under  conditions  of  global  change.  Landscape 
Ecology 30(5), pp.791-804 

52 Commission Staff Working Document Technical information on Green 
Infrastructure  Accompanying  the  document  Green  infrastructure  – 
enhancing Europe's Natural Capital, SWD(2013)155, p. 21 

53  PBL  Netherlands  Environmental  Assessment  Agency,  2010. 

Adaptation strategy for climate-proofing biodiversity  

54  Green  Surge,  2016.  Green  Infrastructure  and  Urban  Biodiversity  for 
Sustainable  Urban  Development  and  the  Green  Economy,  case 
studies Amsterdam, Utrecht 

Environmental Implementation Report – Netherlands 

 
                                                            
 
                                                            
was 8.22%, well above the EU average (3.23%)56. 
The rate of soil erosion by water in 2010 was 0.27 tonnes 
per  ha  per  year,  well  below  EU-28  average  (2.46 
tonnes)57.  

There  are  still  not  EU-wide  datasets  enabling  the 
provision  of  benchmark  indicators  for  the  decline  of 
organic  matter  in  soil,  contaminated  sites,  pressures  on 
soil  biology  and  diffuse  pollution.  An  updated  inventory 
and  assessment  of  soil  protection  policy  instruments  in 
the  Netherlands  and  other  EU  Member  States  is  being 
performed by the EU Expert Group on Soil Protection. 

Marine protection 

The EU Coastal and Marine Policy and legislation require 
that by 2020 the impact of pressures on marine waters is 
reduced  to  achieve  or  maintain  good  environmental 
status and coastal zones are managed sustainably. 

SDG  14  requires  countries  to  conserve  and  sustainably 
for 
use  the  oceans,  seas  and  marine  resources 
sustainable development. 
The Marine Strategy Framework Directive (MSFD)58 aims 
to  achieve  Good  Environmental  Status  (GES)  of  the  EU's 
marine  waters  by  2020  by  providing  an  ecosystem 
approach  to  the  management  of  human  activities  with 
impact  on  the  marine  environment.  The  Directive 
requires  Member  States  to  develop  and  implement  a 
marine  strategy  for  their  marine  waters,  and  cooperate 
with  Member  States  sharing  the  same  marine  region  or 
subregion. 

As part of their marine strategies, Member States had to 
make  an  initial  assessment  of  their  marine  waters, 
determine  GES59  and  establish  environmental  targets  by 
July  2012.  They  also  had  to  establish  monitoring 
programmes for the on-going assessment of their marine 
waters  by  July  2014.  The  next  element  of  their  marine 
strategy is to establish a Programme of Measures (2016). 
The  Commission  assesses  whether  these  elements 
constitute  an  appropriate  framework  to  meet  the 
requirements of the MSFD. 

The  Dutch  marine  waters  are  part  of  the  North-East 
Atlantic  marine  region  and  North  Sea  sub-region.  The 
Netherlands is party to the Convention for the protection 
of  the  marine  environment  of  the  North-East  Atlantic 
(OSPAR Convention). The North Sea is one of the busiest 

56  European  Environment  Agency  Draft  results  of  CORINE  Land  Cover 
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 
artificial land. 

57  European  Environment  Agency,  2016. 

Imperviousness  and 

imperviousness change 

58 European Union, Marine Strategy Framework Directive 2008/56/EC 
59 The MSFD defines Good Environmental Status (GES) in Article 3 as:  
“The  environmental  status  of  marine  waters  where  these  provide 
ecologically  diverse  and  dynamic  oceans  and  seas  which  are  clean, 
healthy and productive” 

The Netherlands  14 

maritime areas, with exploitation of oil and gas reserves 
also  occurring  in  parallel  to  important  maritime  traffic. 
Two  of  the  world's  largest  ports  are  situated  on  the 
Dutch  North  Sea  coast,  and  the  coastal  zone  is  used 
intensively  for  recreation.  In  addition,  overfishing  and 
bottom-trawling  constitute  potential  threats  to  the 
biodiversity in that region.   

strategy  between  2012 

In  2012,  the  Netherlands  evaluated  the  additional 
government expenditure on the implementation of their 
marine 
to 
approximately  EUR  26 million60,  mainly  for  seabed 
protection, 
litter, 
in  knowledge  and  monitoring.  The 
addressing  gaps 
Netherlands  report  that  the 
is 
meanwhile EUR 35 million, contributing to achieving GES. 

intensifying  the  policy  on  marine 

total  expenditure 

and  2020 

It  is  too  early  to  say  whether  Dutch  waters  are  in  good 
status as there were weaknesses in identifying what GES 
is  in  the  first  place,  especially  since  the  Netherlands  did 
requirements  when 
not  always  meet  minimum 
to  provide 
their  GES,  were  unable 
determining 
information  about  baseline  and  references  and  existing 
EU 
international  agreements  was  not 
legislation  or 
always referred to. 

The Netherlands established a monitoring programme of 
their  marine  waters  in  2014.  Most  of  the  monitoring 
programme  seems  adequate  and  it  is  already  mostly  in 
place  since  2014.  However,  it  seems  that  for  a  few 
non-indigenous 
selected 
species,  hydrographical  changes  and  marine  litter),  the 
Dutch  monitoring  programme  may  need 
further 
refinement  and  development  to  monitor  progress 
towards GES for those descriptors. 61 

(biodiversity, 

descriptors 

In  2012,  Dutch  marine  protected  areas  covered  11913.4 

60  Report  from  the  Commission  "The  first  phase  of  implementation  of 
the  Marine  Strategy  Framework  Directive  (2008/56/EC)  -  The 
European Commission's assessment and guidance" COM(2014)097  
61 Commission Staff Working Document Accompanying the Commission 
Report assessing Member States' monitoring programmes under the 
Marine Strategy Framework Directive (COM(2017)3 and SWD(2017)1 
final) 

Environmental Implementation Report – Netherlands 

 
                                                            
                                                            
The Netherlands  15 

square kilometres of its marine waters in the North Sea.62 

Suggested action 

  Continue  work  to  improve  the  definitions  of  GES  in 
including 
for  biodiversity  descriptors, 
particular 
through regional cooperation by using the work of the 
relevant Regional Sea Convention. 

  Address knowledge gaps. 
  Further 

develop 

(and 
approaches 
quantifying) impacts from the main pressures in order 
to  lead  to  improved  and  more  conclusive  assessment 
results for 2018 reporting. 

assessing 

  Continue to integrate monitoring programmes already 
existing  under  other  EU  legislation  and  to  implement 
joint  monitoring 
at 
(sub)regional level. 

programmes 

developed 

  Enhance 

the  comparability  and  consistency  of 

monitoring methods within the Dutch marine region.  

  Ensure  that  the  monitoring  programme 
appropriate to monitor progress towards GES. 

is 

fully 

62  2012  Data  provided  by  the  European  Environmental  Agency  –  Not 

published. 

Environmental Implementation Report – Netherlands 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                            
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3. Ensuring citizens' health and quality of life 

The Netherlands  16 

Air quality  

The  EU  Clean  Air  Policy  and  legislation  require  that  air 
quality  in  the  Union  is  significantly  improved,  moving 
closer  to  the  WHO  recommended  levels.  Air  pollution 
and its impacts on ecosystems and biodiversity should be 
further reduced with the long-term aim of not exceeding 
critical  loads  and  levels.  This  requires  strengthening 
efforts  to  reach  full  compliance  with  Union  air  quality 
legislation  and  defining  strategic  targets  and  actions 
beyond 2020. 

The  EU  has  developed  a  comprehensive  suite  of  air 
legislation63,  which  establishes  health-based 
quality 
standards  and  objectives  for  a  number  of  air  pollutants. 
As  part  of  this,  Member  States  are  also  required  to 
ensure 
information  on  ambient 
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014 

that  up-to-date 

Although  significant  emission  reductions  have  been 
recorded  also  for  ammonia  (-64%),  these  are  still 
insufficient  efforts  to  comply  with  current  ceilings, 
surpassing  them  by  5%.  It  should  be  noted  that  the 
exceedance of the ammonia emission ceiling is partly due 
to  the  reporting  of  new  sources  of  ammonia  emissions 
which  were  not  estimated  or  considered  at  the  time 
when the emission ceilings were set.  

At  the  same  time,  air  quality 
in  the  Netherlands 
continues  to  give  cause  for  concern.  For  the  year  2013, 
the European Environment Agency estimated that about 
11,530  premature  deaths  were  attributable  to  fine 
particulate  matter  concentrations66,  with  an  additional 
270 to ozone concentration67 and over 1,820 to nitrogen 
dioxide68.  This  is  due  also  to  exceedances  above  the  EU 

concentrations  of  different  air  pollutants  is  routinely 
made  available  to  the  public.  In  addition,  the  National 
Emission  Ceilings  Directive  provides 
for  emission 
reductions  at  national  level  that  should  be  achieved  for 
main pollutants. 

The  emission  of  several  air  pollutants  has  decreased 
significantly  in  the  Netherlands64.  Reductions  between 
1990 and 2014 for sulphur oxides (-85%), nitrogen oxides 
(-61%),  as  well  as  volatile  organic  compounds  (-71%) 
ensure  air  emissions  for  these  pollutants  are  within  the 
ceilings65. 
applicable  national  emission 
currently 

63 European Commission, 2016. Air Quality Standards 
64 See EIONET Central Data Repository and Air pollutant emissions data 

viewer (NEC Directive) 

65  The  current  national  emission  ceilings  apply  since  2010  (Directive 
2001/81/EC);  revised  ceilings  for  2020  and  2030  have  been  set  by 

air quality standards (see Figure 969,70).   

Directive  (EU)  2016/2284  on  the  reduction  of  national  emissions  of 
certain atmospheric pollutants, amending Directive  2003/35/EC and 
repealing Directive 2001/81/EC. 

66  Particulate  matter  (PM)  is  a  mixture  of  aerosol  particles  (solid  and 
liquid)  covering  a  wide  range  of  sizes  and  chemical  compositions. 
PM10  (PM2.5)  refers  to  particles  with  a  diameter  of  10  (2.5) 
micrometres  or  less.  PM  is  emitted  from  many  human  sources, 
including combustion. 

67  Low  level  ozone  is  produced  by  photochemical  action  on  pollution 

and it is also a greenhouse gas 

68  NOx  is  emitted  during  fuel  combustion  e.g.  from  industrial  facilities 
and  the  road  transport  sector.  NOx  is  a  group  of  gases  comprising 
nitrogen monoxide (NO) and nitrogen dioxide (NO2). 

69  European  Environment  Agency,  2016.  Air  Quality  in  Europe  –  2016 
Report.  (Table  10.2,  please  see  details  in  this  report  as  regards  the 
underpinning methodology) 

Environmental Implementation Report – Netherlands 

 
 
                                                            
                                                                                                 
 
in 

air 

quality 

dioxide 

For 2014, exceedances above the EU air quality standards 
have  been  registered  related  to  concentration  of 
nitrogen 
zones 
two 
(Amsterdam/Haarlem,  and  Rotterdam/Dordrecht  –  both 
of which were covered by a time extension and will only 
need  to  show  compliance  from  2015  onwards)  and 
related to concentration of particulate matter in one air 
quality  zone  (in  air  quality  zone  'South').  Furthermore, 
the long-term objectives regarding ozone concentrations 
are not being met in nine air quality zones71. 

There  are  indications  that  the  health-related  external 
costs from air pollution in the Netherlands are above EUR 
13  billion/year  (income  adjusted,  2010),  which  include 
not only the intrinsic value of living a full health life but 
also direct costs to the economy. These direct economic 
costs  relate  to  4  million  workdays  lost  each  year  due  to 
sickness related to air pollution, with associated costs for 
employers  of  EUR  584  million/year  (income  adjusted, 
2010),  for  healthcare  of  above  EUR  45.3  million/year 
(income adjusted, 2010), and for agriculture (crop losses) 
of EUR 22 million/year (2010)72. 

interurban 

links.  The  three 

Finally,  peak  hour  congestion  constitutes  a  problem  in 
the  Netherlands,  both  inside  the agglomerations  and  on 
essential 
largest  cities 
Rotterdam, Amsterdam and The Hague are among the 12 
worst  performing  urban  areas  in  the  EU73.  Overall,  the 
Netherlands is the second worst in the EU with regard to 
the  economic  costs  caused  by  traffic  congestion,  which 
causes high levels of air pollution.  

There is scope to use economic instruments and/or other 
measures  stimulating  a  shift  from  diesel  to  gasoline  or 
other  alternative  transport  fuels  (less  particulate  matter 
and  nitrogen  oxides),  reducing  kilometres  driven,  and 
improve  public  transport  in  order  to  reduce  nitrogen 
dioxide emissions from traffic that result in health effects 
particularly  near  busy  roads,  which  is  a  particularly 
pressing issue for the Netherlands. 

Suggested action 

  Maintain  downward  emissions  trends  of  air  pollutants 
in  order  to  achieve  full  compliance  with  currently 
applicable  national  emission  ceilings  and  air  quality 
limit values - and reduce adverse air pollution impacts 
on health, environment and economy. 

  Reduce  ammonia  (NH3)  emissions  to  comply  with 
currently  applicable  national  emission  ceilings,  for 
example  by  introducing  or  expanding  the  use  of  low-
emission agricultural techniques. 

70 Based on European Environment Agency, 2016. Air Quality in Europe 

– 2016 Report.. (Figures 4.1, 5.1 and 6.1) 

71  See  The  EEA/Eionet  Air  Quality  Portal  and  the  related  Central  Data 

Repository 

72 These figures are based on the Impact Assessment for the European 

Commission Integrated Clean Air Package (2013) 

73  INRIX, 2015. Key Findings: INRIX 2015 Traffic Scoreboard  

The Netherlands  17 

  Reduce nitrogen oxide (NOx) emissions to comply with 
currently  applicable  national  emission  ceilings  and/or 
to 
(and  ozone 
(NO2) 
concentrations), 
inter  alia,  by  reducing  transport 
related emissions - in particular in urban areas. 

reduce  nitrogen  dioxide 

Noise 

The  Environmental  Noise  Directive  provides  for  a 
common  approach  for  the  avoidance,  prevention  and 
reduction  of  harmful  effects  due  to  exposure  to 
environmental noise. 

Excessive  noise  is  one  of  the  main  causes  of  health 
issues74.  To alleviate  this,  the  EU  acquis  sets  out  several 
requirements, 
including  assessing  the  exposure  to 
environmental  noise  through  noise  mapping,  ensuring 
that information on environmental noise and its effects is 
made  available  to  the  public,  and  adopting  action  plans 
with  a  view  to  preventing  and  reducing  environmental 
noise  where  necessary  and  to  preserving  the  acoustic 
environment quality where it is good. 

The  Dutch  implementation  of  the  Environmental  Noise 
Directive75 
is  slightly  delayed.  For  the  most  recent 
reporting  round,  for  the  reference year  2011,  the Dutch 
authorities  have  fulfilled  all  their  obligations  regarding 
the  noise  mapping  of  major  agglomerations,  major 
airports, major roads and major railways. With regard to 
action plans for noise management in the current period, 
they have been adopted for all major airports and major 
railways. However, action plans are still missing for some 
agglomeration sections and for some major roads. 

Water quality and management 

(including  surface  and  ground  waters) 

The  EU  water  policy  and  legislation  require  that  the 
impact  of  pressures  on  transitional,  coastal  and  fresh 
waters 
is 
significantly  reduced  to  achieve,  maintain  or  enhance 
good  status  of  water  bodies,  as  defined  by  the  Water 
Framework Directive; that citizens throughout the Union 
benefit from high standards for safe drinking and bathing 
water;  and  that  the  nutrient  cycle  (nitrogen  and 
phosphorus)  is  managed  in  a  more  sustainable  and 
resource-efficient way. 

SDG  6  encourages  countries  to  ensure  availability  and 
sustainable management of water and sanitation for all. 

The  main  overall  objective  of  EU  water  policy  and 

74  WHO/JRC,  2011,  Burden  of  disease  from  environmental  noise, 
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), 
World Health Organization, Regional Office for Europe, Copenhagen, 
Denmark 

75 The Noise Directive requires Member States to prepare and publish, 
every  5  years,  noise  maps  and  noise  management  action  plans  for 
agglomerations  with  more  than  100,000  inhabitants,  and  for  major 
roads, railways and airports. 

Environmental Implementation Report – Netherlands 

 
                                                                                                 
 
                                                            
The Netherlands  18 

legislation  is  to  ensure  access  to  good  quality  water  in 
sufficient  quantity  for  all  Europeans.  The  EU  water 
acquis76  seeks  to  ensure  good  status  of  all  water  bodies 
across Europe by addressing pollution sources (from e.g. 
agriculture, urban areas and industrial activities), physical 
and  hydrological modifications  to  water  bodies)  and  the 
management of risks of flooding.  

River  Basin  Management  Plans 
(RBMPs)  are  a 
requirement  of  the  Water  Framework  Directive  and  a 
means  of  achieving  the  protection,  improvement  and 
sustainable use of the water environment across Europe. 
This includes surface freshwaters such as lakes and rivers, 
groundwater,  estuaries  and  coastal  waters  up  to  one 
nautical mile. 

The  Netherlands  has  provided 
information  to  the 
Commission  from  its  second  generation  of  RBMPs77. 
However,  as  the  Commission  has  not  yet  been  able  to 
validate  this  information  for all  Member  States,  it is  not 
reported here. 

Water  management  in  the  Netherlands  is  generally 
good78.  All  eleven  directives  are  reported  to  be 
implemented  nationwide  across  all  four  River  Basin 
Districts (RBDs) in the Netherlands. Most basic measures 
were implemented in 2009 already, and further progress 
has  been  made  by  2012.  There  is  good  process  in 
implementation  and  making  measures  operational. 
However, the Netherlands postponed the achievement of 
the  objectives  under  the  WFD  to  2027  (86%  of  water 
bodies are subject to time exemptions).  

The  four  first  generation  RBMPs  covering  the  Dutch 
territory were updated by the end of 2015, based among 
others on the Commission's analysis79. 

In its first generation of RBMPs the Netherlands reported 
the  status  of  254  rivers,  450  lakes,  5  transitional,  15 
coastal  and  23  groundwater  bodies80.  None  of  these 

76  This  includes  the  Bathing  Waters  Directive  (2006/7/EC);  the  Urban 
Waste  Water  Treatment  Directive 
(91/271/EEC)  concerning 
discharges  of  municipal  and  some  industrial  waste  waters;  the 
Drinking  Water  Directive  (98/83/EC)  concerning  potable  water 
quality;  the  Water  Framework  Directive  (2000/60/EC)  concerning 
water  resources  management;  the  Nitrates  Directive  (91/676/EEC) 
and the Floods Directive (2007/60/EC) 

77 The Netherlands have indicated that the status of most of their water 
bodies  have  improved  in  the  meantime,  documented  in  the  2nd 
RBMPs  submitted  in  December  2015,  which  are  currently  being 
assessed by the Commission. 

78  More  information  on  the  implementation  status  and  more  specific 
recommendations  can  be  found  at  European  Commission,  Water 
Framework Directive Implementation Reports 

79  Commission  Staff  Working  Document  Accompanying  the  Report  on 
the  Implementation  of  the  Water  Framework  Directive  River  Basin 
Management  Plans  COM(2012)670  final;  European  Commission, 
Assessment  of  Member  States’  progress  in  the  implementation  of 
Programmes of Measures during the first planning cycle of the Water 
Framework  Directive  Member  State  Report:  Netherlands  (NL)  and 
recommendations  from  the  bilateral  meeting  between  the  NL  and 
the Commission that took place on 4th June 2013. 

80  For  groundwater,  a  precautionary  approach  has  been  taken  that 

natural surface water bodies achieved at that time good 
or  high  ecological  status81  (while  the  status  of  28%  was 
unknown)  and  less  than  1%  of  heavily  modified  or 
artificial  water  bodies82  achieved  a  good  or  high 
ecological  potential.  Only  28%  of  surface  water  bodies, 
71%  of  heavily  modified  and  artificial  water  bodies  and 
61%  of  groundwater  bodies  achieved  good  chemical 
status83.  100%  of  groundwater  bodies  were  in  good 
quantitative  status.  18%  of  the  112  supplementary 
measures  were  reported  to  be  delayed  because  of 
funding/finance  obstacles.  Other  reasons  are  legislation 
barriers (5%) and lack of land/acquisition (4%). 

According  to  the  RBMPs,  the  level  of  cost  recovery  for 
water  services  is  between  95-100%.  Financing  of  water 
management 
is  based  on  the 
"polluters pays principle" and "the user pays principle".   

in  the  Netherlands 

in  particular  as  regards 

the 
The  Dutch  RBMPs  are  well  developed  but 
Programmes of Measures are still insufficient to close the 
implementation  gap 
the 
agricultural pollution and a high number of exemptions is 
used. The planned measures are expected to improve the 
ecological status of natural water bodies by 28% and the 
ecological  potential  of  heavily  modified  and  artificial 
bodies by 12%84. 

Overall  it  should  be  acknowledged  that  surface  water 
quality  has 
improved  considerably  both  chemically 
(nutrients,  pesticides)  and  ecologically.  However  almost 
all  (99%)  of  the  water  bodies  are  still  subject  to 
significant  pressures.  In  all  the  four  RBDs  the  basic 
measures  were  not  enough  to  meet  the  Water 
Framework  Directive  objectives  of  ecological  quality  of 
surface waters in rivers and lakes. Roughly half of rivers, 
drainage ditches and lakes have too high concentrations 
of  nitrogen  and  phosphates  as  a  result  of  over-
fertilization in agricultural areas85.  

The main pressure on the Dutch surface waters is diffuse 
pollution86 that affects 90% of water bodies followed by 
river  management  that  affects  73%  and  by  flow 
regulation  and  morphological  alterations  and  other 

comprises  a  prohibition  on  direct  discharges  to  groundwater,  and  a 
requirement to monitor groundwater bodies. 

81  Good  ecological  status  is  defined  in  the  Water  Framework  Directive 
referring to the quality of the biological community, the hydrological 
characteristics and the chemical characteristics. 

82 Many European river basins and waters have been altered by human 
activities,  such  as  land  drainage,  flood  protection  and  building  of 
dams to create reservoirs. 

83  Good  chemical  status  is  defined  in  the  Water  Framework  Directive 
referring to compliance with all the quality standards established for 
chemical substances at European level. 

84  More  information  on  the  implementation  status  and  more  specific 
recommendations  can  be  found  at  European  Commission,  Water 
Framework Directive Implementation Reports 

85  European  Environment  Agency,  2015.  State  of  the  Environment 

Report 2015 – Country briefing The Netherlands.  

86  Diffuse  pollution  comes  from  widespread  activities  with  no  one 

discrete source, e.g. acid rain, pesticides, urban run-off, etc.  

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The Netherlands  19 

alterations  that  affect  58%  and  69%  of  water  bodies. 
Point  sources  of  pollution  and  abstractions  are  also 
significant  pressures  that  affect  30%  and  17%  of  water 
bodies respectively.  

implementation  of  both  the  Nitrates  and  the  Water 
Framework  Directives  in  the  Netherlands  will  contribute 
to  ensure  that  the  Netherlands  achieves  the  water 
quality objectives in EU legislation.   

and  dairy 

Water  quality  remains  of  high  concern  due  to  pollution 
by  nitrates  (resulting  from  effluents  of  intensive  live-
farming87).  Moreover, 
stock 
rearing 
eutrophication 
is  a  widespread  phenomenon.  The 
Netherlands applies an Action Programme implementing 
the  Nitrates  Directive  to  the  whole  territory.  A 
derogation concerning nitrogen originating from livestock 
manure  has  been  granted  to  the  Netherlands 
in 
connection  to  the  Action  Programme,  on  the  basis  of 
scientific  evidence  and  on  a  number  of  conditions, 
including  phosphate  production  not  exceeding  the  2002 
level (172.9 million kg).  

there  are  no  particular 

The  Netherlands  shows  very  high  compliance  rates  for 
drinking  water  quality89  and  urban  waste  water 
treatment,  so 
issues  of 
implementation. It is important to note that investments 
in  wastewater  infrastructure  by  Netherlands  however 
remain  high  (around  EUR  1300  Million/year),  compared 
to other Member States, not only to maintain but also to 
improve  the  basic  implementation  needs  of  the  urban 
waste water treatment Directive.  

As shown in Figure 10, in 2015, in the Netherlands out of 
714  bathing  waters,  74.2  %  were  of  excellent  quality, 
15.4 % of good quality and 4.1 % of sufficient quality, 24 
bathing  waters  were  of  poor  quality  or  non-compliant 
while  it  was  not  possible  to  assess  the  remaining  21 
bathing waters.90 
Figure 10: Bathing water quality 2012 – 201591 

livestock 

in  a  sharp 

intensification  of 

The  significant 
farming 
activities  due  to  the  end  of  the  milk  quota  system  has 
in  the  cattle  sector 
increase 
resulted 
representing an additional challenge to the management 
of  nutrients 
in  the  country.  This  has  brought  the 
phosphate  levels  beyond  the  above  limits,  thus  posing 
additional  concerns  on  the  water  quality  objectives  and 
prompting  the  Commission  to  open  an  investigation.  In 
view of the surplus of livestock effluents the Netherlands 
is  strongly  engaged  in  innovative  manure  processing 
the 
techniques.  These 
efficiency  of  nutrient  use  and  management  of  the 
surplus,  even  if the  Netherlands  recognise  that  progress 
continues  to  be  necessary  to  achieve  the  same  features 
as conventional fertilisers88. 

techniques  are 

improving 

The  Commission 

is 

closely 

following  how 

the 

Flood  risks  have  been  part  and  parcel  of  the  Dutch 
society  since  many  centuries.  60%  of  its  territory  is 
vulnerable to flooding from the sea or rivers, with 35% of 
the  total  population  living  in  flood  prone  zones.  Total 
spending on water management amounts to some EUR 7 
billion per year and this is expected to increase by EUR 1-
2 billion a year by 2020. Potential damages are estimated 
to be between EUR 400 billion to EUR 800 billion by 2040 
and  EUR  3,700  billion  by  2100  in  the  absence  of  any 
measures with sea level rise of 24 to 60 cm in 2040 and 

87  The  Netherlands  are  the  biggest  manure  producers  per  land  area  in 

the EU. 

88  Reports  from  research  institutions  are  available  on  the  subject.  For 
instance,  information  on  variability  in  term  of  Nitrogen  Fertiliser 
Replacement  Value  of  mineral  concentrate  (a  Dutch  processed 
product)  can  be  found  in:  Velthof,  G.L.,  2015.  Mineral  concentrate 
from  processed  manure  as 
fertiliser.  Wageningen,  Alterra 
Wageningen UR (University & Research centre), Alterra report 2650. 
36 pp.; 5 fig.; 8 tab.; 54 ref. 

89  Commission's  Synthesis  Report  on  the  Quality  of  Drinking  Water  in 
the  Union  examining  Member  States'  reports  for  the  2011-2013 
period, 
foreseen  under  Article  13(5)  of  Directive  98/83/EC; 
COM(2016)666 

90 European Environment Agency, 2016. European bathing water quality 

in 2015, p. 26 

91  European  Environment  Agency,  State  of  bathing  water  country 

reports -Netherlands, 2016 

Environmental Implementation Report – Netherlands 

 
                                                            
 
                                                            
150cm in 2100.92  

A Delta Fund and Programme (fed with EUR 1 billion per 
year)  has  been  established  to  ensure  flood  protection 
and  freshwater  supply  in  the  long-term  future.  Drawing 
on  the  expertise  and  resources  of  government,  local 
water authorities, universities and private industry, some 
aspects  of  the  project  could  serve  as  a  model  for  other 
countries and regions facing similar challenges.93 

The Dutch government has introduced new standards for 
primary  defences  in  2015.  All  primary  floods  defences 
will have to meet these standards by 2017. 
Suggested action94 

  The  Netherlands  should  identify  the  implementation 
gap  and  design  Programmes  of  Measures  to  close  the 
gap  in  particular  effective  basic  and  supplementary 
measures for nutrients pollution and substance specific 
measures for chemical pollutions are necessary. 

  The Netherlands should maintain their effort to reduce 

the number of exemptions. 

  Ensure that water pollution, inter alia by agriculture, is 
effectively  addressed  both  under  the  Nitrates  and  the 
Water  Framework  Directive  –  to  ensure  that  good 
status objectives can be reached.  

Enhancing the sustainability of cities  

The  EU  Policy  on  the  urban  environment  encourages 
implement  policies  for  sustainable  urban 
cities  to 
planning and design, including innovative approaches for 
urban  public 
sustainable 
buildings,  energy  efficiency  and  urban  biodiversity 
conservation.  

transport  and  mobility, 

SDG11  aims  at  making  cities  and  human  settlements 
inclusive, safe, resilient and sustainable. 

Europe is a Union of cities and towns; around 75% of the 
EU  population  are  living  in  urban  areas.95  The  urban 
environment  poses  particular  challenges 
the 
environment  and  human  health,  whilst  also  providing 
opportunities and efficiency gains in the use of resources.  

for 

The  Member  States,  European  institutions,  cities  and 
stakeholders have prepared a new Urban Agenda for the 
EU  (incorporating  the  Smart  Cities  initiative)  to  tackle 
these  issues  in  a  comprehensive  way,  including  their 

92 RPA,  2014.  Study on Economic and Social Benefits of Environmental 
Protection  and  Resource  Efficiency  Related  to  the  European 
Semester.  Study  for  the  European  Commission,  Annex  1:  Country 
fiches  

93 RPA,  2014.  Study on Economic and Social Benefits of Environmental 
Protection  and  Resource  Efficiency  Related  to  the  European 
Semester.  Study  for  the  European  Commission,  Annex  1:  Country 
fiches  

94 The full set of recommendations in relation to the Water Framework 

Directive are here. 

95 European Environment Agency, Urban environment 

The Netherlands  20 

connections with social and economic challenges. At the 
heart  of  this  Urban  Agenda  will  be  the  development  of 
twelve  partnerships  on  the  identified  urban  challenges, 
including air quality and housing96.  

The  European  Commission  will 
benchmark system in 201797. 

launch  a  new  EU 

The  EU  stimulates  green  cities  through  awards  and 
funding,  such  as  the  EU  Green  Capital  Award  aimed  at 
cities  with  more  than  100,000  inhabitants  and  the  EU 
Green  Leaf  initiative  aimed  at  cities  and  towns,  with 
between 20,000 and 100,000 inhabitants. Amsterdam, s-
Hertogenbosch  and  Nijmegen  have  been  among  the 
finalists  of  the  European  Green  Capital  Award,  and 
Nijmegen is the winner of the 2018 Green Capital Award.  

Among  the  main  challenges  observed  in  this  report 
(water,  air,  nature  and  biodiversity),  it  is  especially  air 
quality – to an extent related to traffic congestion – that 
requires a priority at the local level. Innovative solutions 
as  regards traffic  management  are being  developed  and 
tested  in  a  number  of  cities  but  coherence  between 
national  and  municipal  policies  may  be  improved.  Some 
municipalities  (Utrecht,  Rotterdam)  develop  zones  with 
restricted  access  to  old  polluting  vehicles  while  the 
national government refuses to support this with official 
traffic  signs.  Similarly,  national  climate  policy  subsidizes 
wood burning while cities try to reduce wood burning to 
improve local air quality.  

The Netherlands have allocated EUR 45 million or 9% of 
its allocation under the European Regional Development 
Fund (ERDF) excluding technical assistance to sustainable 
urban development. 

96 http://urbanagendaforthe.eu/ 
97  The  Commission 

is  developing  an  Urban  Benchmarking  and 
Monitoring  ('UBaM')  tool  to  be  launched  in  2017.  Best  practices 
emerge and these will be better disseminated via the app featuring 
the  UBaM  tool,  and  increasingly  via  e.g.  EUROCITIES,  ICLEI,  CEMR, 
Committee of the Regions, Covenant of Mayors and others. 

Environmental Implementation Report – Netherlands 

 
                                                            
 
 
 
 
                                                            
The Netherlands  21 

International agreements  

The  EU  Treaties  require  that  the  Union  policy  on  the 
environment  promotes  measures  at  the  international 
level  to  deal  with  regional  or  worldwide  environmental 
problems. 

Most  environmental  problems  have  a  transboundary 
nature  and  often  a  global  scope  and  they  can  only  be 
addressed effectively through international co-operation. 
International  environmental  agreements  concluded  by 
the Union are binding upon the institutions of the Union 
and  on  its Member  States. This  requires  the  EU and the 
Member  States  to  sign,  ratify  and  effectively  implement 
all  relevant  multilateral  environmental  agreements 
(MEAs) in a timely manner. This will also be an important 
contribution  towards  the  achievement  of  the  SDGs, 
which Member States committed to in 2015 and include 
many  commitments  contained  already  in  legally  binding 
agreements. 

The  fact  that  some  Member  States  did  not  sign  and/or 
ratify  a  number  of  MEAs  compromises  environmental 
implementation,  including  within  the  Union,  as  well  as 
in  related  negotiations  and 
the  Union’s  credibility 
international  meetings  where 
the 
participation of third countries to such agreements is an 
established  EU  policy  objective.  In  agreements  where 
voting takes place it has a direct impact on the number of 
votes to be cast by the EU.  

supporting 

The Netherlands are performing as one of the best in the 
EU with regard to signing and ratifying such agreements. 

Environmental Implementation Report – Netherlands 

 
The Netherlands  22 

Part II: Enabling Framework: Implementation Tools 

4. Market based instruments and investment  

Green  taxation  and  environmentally  harmful 
subsidies  

The Circular Economy Action Plan encourages the use of 
financial  incentives  and  economic  instruments,  such  as 
taxation  to  ensure  that  product  prices  better  reflect 
environmental costs. The phasing out of environmentally 
harmful  subsidies  without  delay 
is  highlighted  and 
monitored  through  the  annual  (European  Semester) 
National Reform Programmes. 

Taxing pollution and resource use can generate increased 
revenue  and  bring  important  social  and  environmental 
benefits. 

by the European Commission confirms this.101  

The reduction of environmentally harmful subsidies (EHS) 
is  another  key  challenge.  The  Netherlands  has  a  diesel-
petrol differential of 63%102. It has been estimated that in 
the Netherlands, company car taxation subsidies result in 
an annual revenue loss of around EUR 750 million103. 

Figure  11:  Environmental  tax  revenues  as  a  share  of 
total  revenues  from  taxes  and  social  contributions 
(excluding imputed social contributions) in 2014104 

from 

total  revenues 

In 2014 environmental tax revenues accounted for 8.96% 
of 
taxes  and  social-security 
contributions  (EU  28  average:  6.35%).  Figure  11  shows 
that  the  Netherlands  belong  to  the  top  25%  of  the 
Member  States  as  regards  tax  revenue  percentage 
derived from environmental taxes. 

Shifting  taxation  away  from  labour  towards  taxes  less 
harmful to growth is a key challenge in the Netherlands. 
With 57.5% the tax burden on labour is the 2nd highest in 
the EU (2012) and this is a strong disincentive for creating 
employment. 
A  2016  study98  suggests  that  there  is  considerable 
potential for shifting taxes from labour to environmental 
taxes 
in  the  Netherlands.  Under  a  good  practice 
scenario99, these taxes could generate an additional EUR 
4.27  billion  in  2018,  rising  to  EUR  7.54  billion  in  2030 
(both in real 2015 terms). This is equivalent to 0.59% and 
0.86% of GDP in 2018 and 2030, respectively. 

The  OECD  states  that  there  is  scope  to  improve  the 
design of several environmentally related taxes, including 
energy  taxes,  to  enhance  both  their  environmental 
effectiveness  and  cost100.  A  recent  study  commissioned 

98  Eunomia  Research  and  Consulting,  IEEP,  Aarhus  University,  ENT, 
2016.  Study  on  Assessing  the  Environmental  Fiscal  Reform  Potential 
for  the  EU28.  N.B.  National  governments  are  responsible  for  setting 
tax  rates  within  the  EU  Single  Market  rules  and  this  report  is  not 
level  of  environmental 
suggesting  concrete  changes  as  to  the 
taxation. It merely presents the findings of the 2016 study by Eunomia 
et  al  on  the  potential  benefits  various  environmental  taxes  could 
bring.  It  is  then  for  the  national  authorities  to  assess  this  study  and 
their  concrete  impacts  in  the  national  context.  A  first  step  in  this 
respect,  already  done  by  a  number  of  Member  States,  is  to  set  up 
expert groups to assess these and make specific proposals. 

99  The  good  practice  scenario  means  benchmarking  to  a  successful 
taxation practice in another Member State. 
100 OECD, 2015. OECD Environmental Performance Reviews: The 

Netherlands 2015, OECD Publishing. 

Other environmentally harmful subsidies relate to energy 
and  agriculture,  the  latter  in  particular  because  of  the 
very intensive livestock sector in the Netherlands, leading 

101  Eunomia  Research  and  Consulting,  IIEP,  Aarhus  University, 
ENT,  2016.  Study  on  Assessing  the  Environmental  Fiscal 
Reform Potential for the EU28 

102  Update  by  European  Commission,  2015  based  on  Harding 
M.,  2014.  The  Diesel  Differential:  Differences  in  the  Tax 
Treatment  of  Gasoline  and  Diesel  for  Road  Use.  OECD 
Taxation Working Papers, No. 21 

103 Harding M. 2014. Personal Tax Treatment of Company Cars 
and  Commuting  Expenses  –  Estimating  the  Fiscal  and 
Environmental Costs. OECD Taxation Working Papers, No. 20 
104  Eurostat,  Environmental  tax  revenues,  accessed  October 
2016 

Environmental Implementation Report – Netherlands 

 
 
 
                                                            
 
                                                            
to nutrient run-off 105. 

Green Public Procurement  

The  EU  green  public  procurement  policies  encourage 
Member States to take further steps to reach the target 
of applying green procurement criteria to at least 50% of 
public tenders. 
Green  Public  Procurement  (GPP)  is  a  process  whereby 
public  authorities  seek  to  procure  goods,  services  and 
works  with  a  reduced  environmental  impact  throughout 
their  life-cycle  when  compared  to  goods,  services  and 
works  with  the  same  primary  function  that  would 
otherwise be procured.  

The  purchasing  power  of  public  procurement  equals  to 
approximately  14%  of  GDP106.  A  substantial  part  of  this 
money  is  spent  on  sectors  with  a  high  environmental 
impact such as construction or transport, so GPP can help 
to  significantly  lower  the  impact  of  public  spending  and 
foster sustainable innovative businesses. 

The Netherlands is one of the frontrunners in the EU with 
regard  to  GPP,  already  exceeding  the  Commission's 
recommendations107 for 2009/2010 public contracts.  
Recently, more than 40 GPP criteria108 were published in 
order  to  share  the  Dutch  experience  at  EU  level.  This 
good  practice  has  been  recognised  as  very  effective  for 
sharing  information  among Member  States  and  towards 
GPP harmonisation in the EU. 

The  Netherlands  has  achieved  a  high 
level  of 
professionalization  of  their  procurement  processes  and 
are  concentrating  the  competence  for  public  purchasing 
in  a  small  number  of  clusters,  which  is  a  very  promising 
approach. The Netherlands is also forerunner in the field 
of  circular  procurement  where  it  is  running  a  couple  of 
pilot  projects.  On  20-22  April  2016,  the  Netherlands 
organised,  together  with  the  Commission,  a  Circular 
Procurement conference which allowed public procurers 
from  all  over  Europe  (and  beyond)  to  share  experience 
and learn from the Dutch approaches in this area. 

The  Commission  would  welcome  a  continuation  of  the 
sharing of good practice on Circular Procurement by the 
Netherlands with the other countries. 

105 OECD, 2015. OECD Environmental Performance Reviews: The 

Netherlands 2015, OECD Publishing.p. 30-31. 
106 European Commission, 2015. Public procurement 
107 

In 

the  Communication  “Public  procurement 

for  a  better 
environment”  (COM  (2008)400)  the  Commission  recommended  the 
creation  of  a  process  for  setting  common  GPP  criteria.  The  basic 
concept  of  GPP  relies  on  having  clear,  verifiable,  justifiable  and 
ambitious environmental criteria for products and services, based on 
a life-cycle approach and scientific evidence base. 

108  Pianoo,  2016.  Environmental  criteria 

for  sustainable  public 

The Netherlands  23 

Investments: the contribution of EU funds  

European  Structural  and  Investment  Funds  Regulations 
provide  that  Member  States  promote  environment  and 
funding  strategies  and 
climate  objectives 
programmes 
territorial 
cohesion,  rural  development  and  maritime  policy,  and 
reinforce the capacity of implementing bodies to deliver 
cost-effective and sustainable investments in these areas. 

in  their 
for  economic, 

social  and 

Making  good  use  of  the  European  Structural  and 
Investment  Funds  (ESIF)109  is  essential  to  achieve  the 
environmental goals and integrate these into other policy 
areas.  Other  instruments  such  as  the  Horizon  2020,  the 
LIFE  programme  and  European  Fund  for  Strategic 
Investment110  (EFSI)  may  also  support  implementation 
and spread off best practice. 

For  the  Netherlands,  the  total  budget  for  the  European 
Regional  Development  Fund  (ERDF)  and  the  European 
Social  Fund  (ESF)  2014-2020  is  fairly  small:  EUR  1.014 
million, of which 50% is for the ESF, and the ERDF has a 
strong  focus  on 
innovation.  There  are  four  ERDF 
operational programmes (OPs) and one ESF OP. 

to 

With  regard 
the  estimation  of  environmental 
expenditure, the ERDF allocation for low carbon economy 
is EUR 121 million. No expenditure is foreseen for climate 
adaptation,  environment  and  sustainable  transport,  but 
environmental  topics  will  play  a  role  under  innovation 
and low carbon economy. Around 9% of the ERDF budget 
will  be  used 
for  sustainable  urban  development, 
concentrated in one of the OPs (West). The OP ESF (total 
EUR  30  million)  includes  skills  training  for  green  jobs.  In 
particular  the  ERDF-funded  international  cooperation 
programmes 
for 
environment-related projects. 

opportunities 

provide 

ample 

It is too early to draw conclusions as regards the use and 
results  of  the  ERDF  for  the  period  2014-2020,  as  the 
relevant  programmes  are  still  in  an  early  stage  of  their 
implementation. 

Current data suggest that the EU funds for the 2007-2013 
period were almost fully spent.111 

109  ESIF  comprises  five  funds  –  the  European  Regional  Development 
Funds  (ERDF),  the  Cohesion  Fund  (CF),  the  European  Social  Fund 
(ESF),  the  European  Agricultural  Fund  for  Rural  Development 
(EAFRD), and the European Maritime and Fisheries Fund (EMFF). The 
ERDF, the CF and the ESF together form the Cohesion Policy funds. 

110 EIB: European Fund for Strategic Investments 
111 Final data for the period 2007-2013 will only be available at the end 

procurement  

of 2017.   

Environmental Implementation Report – Netherlands 

 
 
                                                            
 
 
                                                            
Figure  12:  European  Structural  and  Investment  Funds 
2014-2020: Budget Netherlands by theme, EUR billion112 

The Netherlands  24 

With regard to the integration of environmental concerns 
into  the  Common  Agricultural  Policy  (CAP),  the  two  key 
areas for the Netherlands (as for all Member States) are, 
first, using EU rural development fund (EAFRD) to pay for 
other 
environmental 
land  management 
financing 
environmental  measures,  while  avoiding 
measures  which  could  damage  the  environment;  and 
secondly,  ensuring  an  effective  implementation  of  the 
first pillar of the CAP with regard to cross compliance and 
1st pillar 'greening'  

and 

The  approved  National  Rural  Development  Program 
(RDP)  under  the  EAFRD  amounts  overall  to  EUR  614 
million. The planned spending on the ecosystem priority 
is  EUR  358  million,  which  represents  58.3%  of  the  total 
budget,  with  EUR  238  million  and  38.7%  of  the  total 
budget  dedicated  to  agri-environment  measures.  The 
agri-environment  measure  can  potentially  play  a  very 
good  role  in  reversing  the  biodiversity  decline  in  the 
country in some targeted areas. However, in the absence 
of  an  ambitious  baseline  and  ambitious  greening,  the 
contribution  of  the  RDP  to  improve  the  environment  in 
most of the agricultural area of the Netherlands is likely 
to be limited. 

The Direct Payment envelope of the Netherlands for the 
period  2015-2020  is  EUR  3,624  billion,  according  to 
Commission delegated regulation (EU) No 994/2014 of 13 
May  2014,  30  %  of  which  EUR  1,087  billion  are  being 
allocated  to  greening  practices  beneficial 
for  the 
environment. 
ambitious 
implementation  of 1st  pillar greening  would  clearly  help 
to  improve  the  environmental  situation  in  areas  not 
covered  by  rural  development,  and  if  appropriate  the 
Netherlands could review its implementation of this. 

environmentally 

An 

112  European  Commission,  European  Structural  and  Investment  Funds 

Data By Country 

Environmental Implementation Report – Netherlands 

 
 
                                                            
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5. Effective governance and knowledge 

The Netherlands  25 

SDG  16  aims  at  providing  access  to  justice  and  building 
effective,  accountable  and  inclusive  institutions  at  all 
levels. SDG 17 aims at better implementation, improving 
policy  coordination  and  policy  coherence,  stimulating 
science, 
innovation,  establishing 
partnerships and developing measurements of progress. 

technology 

and 

Effective governance of EU environmental legislation and 
policies  requires  having  an  appropriate 
institutional 
framework,  policy  coherence  and  coordination,  applying 
legal  and  non-legal  instruments,  engaging  with  non-
governmental  stakeholders,  and  having  adequate  levels 
of  knowledge  and  skills113.  Successful  implementation 
depends, to a large extent, on central, regional and local 
government  fulfilling  key  legislative  and  administrative 
tasks,  notably  adoption  of 
implementing 
legislation,  co-ordinated  action  to  meet  environmental 
objectives  and  correct  decision-making  on  matters  such 
as  industrial  permits.  Beyond  fulfilment  of  these  tasks, 
government  must 
to  ensure  day-to-day 
compliance  by  economic  operators,  utilities  and 
individuals  ("compliance  assurance").  Civil  society  also 
has  a  role  to  play,  including  through  legal  action.  To 
underpin the roles of all actors, it is crucial to collect and 
share  knowledge  and  evidence  on  the  state  of  the 
environment  and  on  environmental  pressures,  drivers 
and impacts. 

intervene 

sound 

Capacity to implement rules 

is 

that 

crucial 

regional  and 

local 
central, 
It 
administrations  have  the  necessary  capacities  and  skills 
and training to carry out their own tasks and co-operate 
and  co-ordinate  effectively  with  each  other,  within  a 
system of multi-level governance. 

three 

territorial 

consists  of 

The  Netherlands  have 
tiers  of 
government:  the  central  government,  the  12  provincial 
authorities,  and  393  municipal  authorities.  The 
decentralised  authorities  are  autonomous  (having  their 
own rules and regulations). However, 90% of the work of 
municipalities 
tasks: 
implementing  national  rules  and  policies114.  They  are 
responsible  for  implementing  the  main  part  of  the 
comprehensive  Environmental  Management  Act. 
In 
addition,  the  regional  Water  boards  and  the  regional 
in 
units  of  Rijkswaterstaat  play  an 
environmental  governance.  They  have  specific  tasks 
regarding  permitting,  inspection  and  enforcement  of 
water issues. 

co-administrative 

important  role 

Overall,  the  Netherlands  has  an  adequate  to  excellent 
capacity  of  their  administrations  in  place  to  fulfil  its 
environmental  obligations.  Moreover, 
is  a 
longstanding tradition to involve all relevant stakeholders 
in  early  stages  of  policy-making  already  and  where 
appropriate, in implementation. 

there 

Equally,  effective  governance  of  EU  environmental 
legislation  and  policies  benefits  from  a  dialogue  within 
Member  States  and  between  Member  States  and  the 
Commission  on  whether  the  current  EU  environmental 
legislation  is  fit  for  purpose.  Legislation  can  only  be 
properly 
into  account 
experiences  at  Member  State  level  with  putting  EU 
commitments  into  effect.  The  Make  it  Work  initiative,  a 
Member  State  driven  project,  established 
in  2014, 
organizes a discussion on how the clarity, coherence and 
structure  of  EU  environmental 
legislation  can  be 
improved without lowering existing protection standards. 

implemented  when 

it  takes 

Effective  governance  within  central,  regional 
and local government 

Those  involved  in  implementing  environment  legislation 
at  Union,  national,  regional  and  local  levels  need  to  be 
equipped  with  the  knowledge,  tools  and  capacity  to 
improve  the  delivery  of  benefits  from  that  legislation, 
and the governance of the enforcement process. 

113  The  Commission  has  work  ongoing  to  improve  the  country-specific 
knowledge  about  quality  and  functioning  of  the  administrative 
systems of Member States. 

In  the  Netherlands,  legislative  competences  are  mainly 
with  the  central  government,  and  the  Parliament, 
Provinces  and 
local  authorities  bear  most  of  the 
responsibilities  for  the  application  and  enforcement  of 
environmental  legislation.  Local  authorities,  like  in  most 
Member  States,  have  the  responsibility  for  e.g.  waste 
management. These tasks are in many cases undertaken 
by  private  entities,  with  an  overseeing  role  for  local 
governments.  The 
implementation  of  environmental 
regulation  e.g.  permitting,  inspection  and  enforcement 

114  Ministry  of  the  Interior  and  Kingdom  Relations,  2016.  The  Dutch 

Public Service, p.13. 

Environmental Implementation Report – Netherlands 

 
 
                                                            
 
 
                                                            
are also done at the national and municipal level. Most of 
the  SMEs  fall  under  the  environmental  jurisdiction  of 
municipalities.  

in  policy 

In  2014,  to  address  some  major  deficiencies  that  had 
implementation,  the  Netherlands 
emerged 
established 29 Environmental Services to consolidate and 
reinforce  expertise 
licensing  and 
enforcement115. 

in  environmental 

Over  the  years,  the  Netherlands  has  integrated  and 
simplified  its  environmental  legal  instruments  and  the 
division  of  responsibilities  across  the  three  layers  of 
government. According to the OECD, impressive progress 
in  streamlining  included  a  major  legislative  overhaul  to 
consolidate  all  of  the  national  environmental  legislation 
into the Environment and Planning Act (Omgevingswet).  

While  the  process  of  simplifying  national  permitting 
procedures  by  integrating  existing  legislations  in  one 
overarching  Act  on  environment  and  land  use  is  to  be 
welcomed,  it  must  be  secured  that  all  existing  EU 
obligations  (procedural  and  substantial)  are  complied 
with.  With  the  'Make  it Work'  initiative  the  Netherlands 
have  argued  that  national  streamlining  can  also  be 
assisted by streamlining at EU level116. 
The  OECD117  warned  that  the  decentralisation  of  tasks 
has  not  necessarily  been  accompanied  by  additional 
resources.  As  a  result,  sub-national  governments  may 
struggle with the necessary financial, managerial, human 
and  technical  capacity  to  manage  their  new  functions, 
which may lead to inconsistent policy implementation.  

intensively 

The  transposition  of  EU  Directives  by  the Netherlands  is 
generally timely. Conformity checking identifies normally 
only minor issues. This reflects the generally very serious 
approach  to  protection  of  human  health  and  the 
environment,  despite 
competing 
the 
interests.  The  number  of  infringements  procedures  and 
complaints/petitions  against  the  Netherlands  in  relation 
to environmental legislation is very low, due to a culture 
of genuine constructive discussion before the adoption of 
new  polices  and  also  because  of  a  well-functioning 
national  legal  system.  However,  the  high  density  of 
population,  the  pressure  on  the  environment  by  traffic, 
agriculture  and  industry  narrow  down  the  margins  for 
new policies. Traffic (air quality) and agriculture (nitrates 
tackle  and 
pollution)  are  particularly  difficult 
repeatedly  lead  to  seeking  flexibility  within  the  existing 
EU legal framework. 

to 

In some of the environmental cases where individuals or 
NGOs have gained access before the national courts over 
judges  referred  several 
the  past  years,  the  Dutch 

The Netherlands  26 

requests for preliminary rulings to the Court of Justice of 
the  EU.  This  represented  a  valuable  contribution  to  the 
development  of  EU  environment  law,  since  preliminary 
rulings  enable  the  Court  of  Justice  to  give  a  coherent 
interpretation of the EU law. 

Indeed,  the  Netherlands  can  support  other  Member 
States with know-how based on lessons learned on multi-
level governance for the environment. 

Coordination and integration 

The  Netherlands  has  a  long  tradition  of  comprehensive 
national  environmental  plans  (NEPs),  which  have  served 
as  a  good  practice  for  other  countries.  However,  since 
the  4th  NEP  (2001),  no  new  overall  plan  was  adopted. 
This,  in  addition  to  the  fact  that  no  comprehensive 
sustainable  development  strategy  exists,  might  be 
responsible  for  a  certain  fragmentation  which  has 
resulted  in  a  plethora  of  action  plans,  programmes,  and 
voluntary  agreements.  Moreover,  the  OECD  states  in  its 
the 
2015  Environmental  Performance  Review  of 
Netherlands, that as a result, short-term actions may not 
have been the most effective in light of longer-term aims.  

It  should  be  welcomed  that  the  Government  has 
its  environmental 
announced  a  modernisation  of 
policy118,  focusing  among  other  on  emerging  risks  and 
emphasising  more  active  international  co-operation  and 
continued efforts to streamline environmental legislation 
and  regulations.  It  also  advocates  a  new  role  for  the 
government as a facilitator of “new coalitions” to tap into 
the  energy  of  civil  society  and  the  private  sector.  The 
OECD has suggested that there are limits to this approach 
and  that  such  covenants  should  be  used  in  a  more 
selective  manner  by  only  using  them  where  “win-win” 
solutions  can  lead  to  expected  policy  outcomes  without 
reliance on regulatory sanctions119. 

All  12  Dutch  provinces  work  together  in  the  European 
ENCORE network of regional environment ministers. The 
provinces  are  also  responsible  for  setting  the  priorities 
for  the  ESIF  Funds  in  their  Operational  Programmes. 
Provinces set conditions for local action.  

Impact  assessments  are 
important  tools  to  ensure 
environmental  integration  in  all  government  policies120. 
As regards Strategic Environmental Assessments (SEA) for 
plans  and  programmes,  and  Environmental 
Impact 
Assessments  (EIA)  for  projects,  the  Netherlands  has  a 

118  Memorandum  to  the  House  of  Representatives  from  the  State 

Secretary for the Environment 

(Government of the Netherlands, 2014). 
119  OECD,  2015.  OECD  Environmental  Performance  Reviews:  The 

115  OECD,  2015.  OECD  Environmental  Performance  Reviews:  The 

Netherlands 2015, OECD Publishing 

Netherlands 2015, OECD Publishing 

116  http://www.ieep.eu/work-areas/environmental-governance/better-

regulation/make-it-work 

117 idem 

120  Article  11  of  the  TFEU  provides  that  "Environmental  protection 
requirements  must  be 
the  definition  and 
integrated 
implementation  of  the  Union's  policies  and  activities,  in  particular 
with a view to promoting sustainable development." 

into 

Environmental Implementation Report – Netherlands 

 
                                                            
 
                                                            
in 

independent  EIA 
good  performance,  with  e.g.  an 
Commission to ensure quality. The broader Dutch impact 
assessment system121 to analyse the economic, social and 
environmental costs and benefits and the administrative 
burden of new policies and legislation is one of the most 
elaborated 
includes  an 
the  EU.  The  system 
independent  and  external  advisory  body  (Actal,  the 
Dutch Advisory Board on Regulatory Burden). However, it 
122
. 
appears to be not systematically applied to all policies
An  explorative  study  found  that  the  Dutch  IA  system 
consists of a range of partial IAs and that consultation of 
stakeholders is not mandatory
.  There seems scope to 
address  the  complexity  of  the  system,  to  improve  the 
transparency and data base of the system, and to better 
involve stakeholders. 

123

The  Commission  has  issued  a  guidance  document  in 
2016124  regarding  the  setting  up  of  coordinated  and/or 
joint  procedures  that  are  simultaneously  subject  to 
assessments  under  the  EIA  Directive,  Habitats  Directive, 
Water Framework Directive, and the Industrial Emissions 
Directive. 

Because  of  the  flood  risks  in  the  Netherlands,  there  is  a 
very  well  established  tradition  of  foresight  in  physical 
planning, with room left for flexibility. Long-term thinking 
and  arrangements  on  spatial  planning  are  particularly 
outstanding.  

Compliance assurance 

EU  law  generally  and  specific  provisions  on  inspections, 
other  checks,  penalties  and  environmental  liability  help 
lay  the  basis  for  the  systems  Member  States  need  to 
have 
secure  compliance  with  EU 
to 
environmental rules. 

in  place 

Public  authorities  help  ensure  accountability  of  duty-
holders by monitoring and promoting compliance and by 
taking credible follow-up action (i.e. enforcement) when 
breaches occur or liabilities arise. Compliance monitoring 
can  be  done  both  on  the 
initiative  of  authorities 
themselves  and  in  response to  citizen complaints. It  can 
involve  using  various  kinds  of  checks, 
including 
inspections  for  permitted  activities,  surveillance  for 
possible  illegal  activities,  investigations  for  crimes  and 

121  Rijksoverheid,  2012.  ‘Integrated  Assessment  Framework  for  Policy 
and  Legislation’  (Integraal  afwegingskader  beleid  en  regelgeving  – 
IAK).  

122  Observations  made  during  the  EU  Semester  fact-finding  mission  of 

the European Commission to The Hague, 4-5 December 2014. 
123 RPA, 2015. Assessing the Potential Cost Savings and Resource 
Savings of Investments in 4 SME sectors, study for European 
Commission 

124  European  Commission,  2016.  Commission  notice  —  Commission 
guidance  document  on  streamlining  environmental  assessments 
conducted  under  Article  2(3)  of 
Impact 
Assessment  Directive  (Directive  2011/92/EU  of  the  European 
Parliament and of the Council, as amended by Directive 2014/52/EU). 

the  Environmental 

The Netherlands  27 

include  administrative  action 

audits for systemic weaknesses. Similarly, there is a range 
of  means  to  promote  compliance,  including  awareness-
raising  campaigns  and  use  of  guidance  documents  and 
online  information  tools.  Follow-up  to  breaches  and 
(e.g. 
liabilities  can 
withdrawal of a permit), use of criminal law125 and action 
law  (e.g.  required  remediation  after 
under 
damage  from  an  accident  using 
liability  rules)  and 
contractual  law  (e.g.  measures  to  require  compliance 
with  nature  conservation  contracts).  Taken  together,  all 
of these interventions represent "compliance assurance" 
as shown in Figure 13.  

liability 

 Figure 13: Environmental compliance assurance 

Best  practice  has  moved  towards  a  risk-based  approach 
at strategic and operational levels in which the best mix 
of compliance monitoring, promotion and enforcement is 
directed at the most serious problems. Best practice also 
recognises  the  need  for  coordination  and  cooperation 
between  different  authorities  to  ensure  consistency, 
avoid  duplication  of  work  and  reduce  administrative 
burden. Active participation in established pan-European 
networks  of  inspectors,  police,  prosecutors  and  judges, 
such as IMPEL126, EUFJE127, ENPE128 and EnviCrimeNet129, 
is  a  valuable  tool  for  sharing  experience  and  good 
practices. 

Currently, there exist a number of sectoral obligations on 
inspections  and  the  EU  directive  on  environmental 
liability  (ELD)130  provides  a  means  of  ensuring  that  the 
"polluter-pays  principle" 
is  applied  when  there  are 
accidents  and  incidents  that  harm  the  environment. 
information  giving 
There 
insights  into  existing  strengths  and  weaknesses  in  each 
Member State.  

is  also  publically  available 

For  each  Member  State,  the  following  were  therefore 

125European Union, Environmental Crime Directive 2008/99/EC 
126 European Union  Network for the Implementation and Enforcement 

of Environmental Law 

127 European Union Forum of judges for the environment 
128 The European Network of Prosecutors for the Environment 
129 EnviCrimeNet 
130 European Union, Environmental Liability Directive 2004/35/CE, p.56 

Environmental Implementation Report – Netherlands 

 
                                                            
 
                                                            
reviewed:  use  of  risk-based  compliance  assurance; 
coordination  and  co-operation  between  authorities  and 
participation in pan-European networks; and key aspects 
of implementation of the ELD based on the Commission's 
recently  published  implementation  report  and  REFIT 
evaluation131.  

The  Netherlands  has  a  broad  risk-based  approach  to 
compliance assurance, exemplified by the following:  

  The  Table  of  Eleven  is  a  tool  that  defines  the  key 
factors  influencing  compliance.  It  allows  analysis  of 
the  causes  of  non-compliance  and  is  widely  used  in 
the  environmental  sector  to  steer  compliance 
assurance work132.  

  The  Netherlands  has  established  good  compliance 
promotion  practices, 
in  terms  of 
structured dialogues with the regulated community.  

in  particular 

 
  The  Dutch  inspection  authorities  implement  the 
concept  of  the  Environmental 
Inspection  Cycle 
developed  within  a  major  IMPEL  project  led  by  the 
Netherlands.  

  Risk  based  assessments  to  classify  sectors,  target 
inspection  work  and  inform  inspection  frequencies 
are  widely  used.133.  In  The  Netherlands,  risk-based 
inspections  often  include  reducing  the  frequency  of 
inspection  activity  for  duty-holders  with  a  good 
compliance record.  

Up-to-date  information  is  lacking  in  relation  to  the 
following: 

  data-collection  arrangements  to  track  the  use  and 
effectiveness  of  different  compliance  assurance 
interventions134; 
the extent to which risk-based methods are used to 
direct  compliance  assurance  in  specific  problem-
areas  highlighted  elsewhere  in  this  Country  Report, 

 

131  COM(2016)204  final  and  COM(2016)121  final  of  14.4.2016.  This 
highlighted the need for better evidence on how the directive is used 
in practice; for tools to support its implementation, such as guidance, 
training and ELD registers; and for financial security to be available in 
case events or incidents generate remediation costs. 

132 De Schraaf, A., 2005. 'The Compliance Strategy in the Netherlands,' in 
International  Conference  on 

Proceedings  of 
Environmental Compliance and Enforcement, Marrakech, Morocco. 

the  Seventh 

133  For 

instance,  the  Rijnmond  Environmental  Protection  Agency 
(DCMR)  has  developed  a  sophisticated  risk-based  approach  to 
enforcement  (based  on  environmental  risk,  environmental  impact 
and environmental performance of individual installations) to employ 
the available instruments in a more effective and efficient way and to 
stimulate 
environmental 
performance.The  objective  is  to  reduce  the  inspection  burden  for 
businesses  by 
introducing  a  risk  categorisation  to  distinguish 
between  businesses  with  good  compliance  (fewer  inspections)  and 
businesses with low compliance.  

operators 

improve 

their 

to 

134  That  there  is  scope  for  improvement  is  suggested  in  Faure, 
M./Svatikova, K., 2012. Criminal or Administrative Law to Protect the 
Journal  of 
Environment?  Evidence 
Environmental  Law,  p.  22; 
IRI  Report  DCMR 
Environmental Protection Agency  

from  Western  Europe, 

IMPEL,  2014. 

The Netherlands  28 

i.e.  the  threats  to  protected  habitat  types  and 
species,  air  quality  problems  and  the  pressures  on 
water quality from diffuse water pollution. 

The  Netherlands  has  undertaken  serious  efforts  to 
ensure  proper  coordination  and  cooperation  between 
the  numerous  inspection  authorities  at  different  levels. 
Environmental  networks  have  been  established  at 
national level, and the Inspection Council (Inspectieraad) 
has  been  established  as  a  collaborative  body  at  senior 
level  aiming  at  ensuring  consistency  of  inspection  work 
across  policy  areas135.  In  The  Netherlands,  coordination 
includes  setting  common  priorities  for  the  criminal  and 
administrative  law136.  A  database  called  Inspection  View 
has  been  developed  to  make  it  possible  to  digitally 
exchange  inspection  results  between  national  and  sub-
national inspectorates.  

As  a  founding  member,  the  Netherlands  is  one  of  the 
main  driving  forces  of  IMPEL,  taking  the  leadership  for 
many individual projects and contributing to the internal 
network governance. The Netherlands is actively involved 
also  in  the  work  of  other  supra-national  environmental 
enforcement networks, such as ENPE, EnviCrimeNet and 
EUFJE  and  together  with  the  United  Kingdom,  Germany 
and other Member States prepared in the framework of 
it  Work'  project  principles  for  drafting 
the 
provisions on compliance assurance in EU Environmental 
law137. 

'Make 

for 

legislation 

transposing 

the  Dutch 

The Netherlands has issued guidelines on the application 
of 
the 
Environmental  Liability  Directive. 
 The  pre-existing 
national  legislation  applies  simultaneously  to  liability 
situations,  above  the  significance  threshold,  but  the 
competencies for the public authorities laid down in the 
transposing  legislation  prevail  in  case  of  conflict  with 
other  competencies;  this  mainly  will  be  of  use  for  the 
difference  between  the  mandatory  cost  recovery  based 
on  the  ELD  and  the  discretion  for  the  competent 
authority  to  mitigate  cost  recovery  based   on  the  Soil 
Protection Act; therefore  the implementing act provides 
that 
the 
conflicting 
implementating act always prevails. However, in the case 
of a major accident of January 2011 at Moerdijk, the pre-
existing 
local 
authorities.  Following  the  operator's  bankruptcy  in  that 
case,  there  was  only  limited  recovery  of  environmental 
costs  (total  costs  of  around  EUR  70  million).  In  general, 
the  Netherlands  do  not  have  a  national  adequate 

legislation  has  been  applied  by  the 

competencies 

case  of 

in 

135 Inspectieraad, 2016. Samenwerkende rijksinspecties 
136  The  priorities  are  determined  on  the  basis  of  risk  analyses  as  the 
National Threat Assessment of Environmental Crime and elements of 
the  regional  enforcement  programs.  The  National  Environmental 
Security  Taskforce  (Landelijke  Milieukamer)  decides  on  a  tactical 
investigations.  Participants  are:  the 
level  on  the  allocation  of 
Specialised  Prosecutors  Office,  the  National  Police,  ILT  IOD  and 
NVWA IOD.  

137 Make it work, drafting principles on compliance assurance. 

Environmental Implementation Report – Netherlands 

 
 
                                                            
                                                            
financial security system to cover all liabilities under the 
Directive.  However,  financial  security  is  obligatory  for 
specific activities such as storage in underground tanks or 
the  storage  or  handling  of  professional  pyrotechnical 
articles 

Suggested action 
  Improve 

transparency  on 

the  organisation  and 
functioning  of  compliance  assurance  and  on  how 
significant risks are addressed, as outlined above. 

  Take  further  steps  to  ensure  an  effective  system  of 
financial  security  for  environmental  liabilities  so  that 
operators  not  only  have  insurance  cover  available  to 
them  but  actually  take  it  up  (recently  a  proposal  has 
been  launched  to  introduce  a  competence  for  public 
authorities  to  require  financial  security  for  Seveso-
activities). 

Public participation and access to justice 

The  Aarhus  Convention,  related  EU  legislation  on  public 
participation and environmental impact assessment, and 
the case-law of the Court of Justice require that citizens 
and  their  associations  should  be  able  to  participate  in 
decision-making  on  projects  and  plans  and  should  enjoy 
effective environmental access to justice. 

Citizens  can  more  effectively  protect  the  environment  if 
they can rely on the three "pillars" of the Convention on 
Access  to  Information,  Public  Participation  in  Decision-
making  and  Access  to  Justice  in  Environmental  Matters 
("the  Aarhus  Convention").  Public  participation  in  the 
administrative  decision  making  process  is  an  important 
element to ensure that the authority takes its decision on 
the  best  possible  basis.  The  Commission  intends  to 
examine compliance with mandatory public participation 
requirements more systematically at a later stage. 

Access  to  justice  in  environmental  matters  is  a  set  of 
guarantees  that  allows  citizens  and  their  associations  to 
challenge  acts  or  omissions  of  the  public  administration 
before  a  court. 
for  decentralised 
It 
implementation of EU environmental law. 

is  a 

tool 

For  each  Member  State,  two  crucial  elements  for 
effective  access  to  justice  have  been  systematically 
reviewed:  the  legal  standing  for  the  public,  including 
NGOs and the extent to which prohibitive costs represent 
a barrier. 

The  Netherlands  grant  generally  broad  access  to  justice, 
both  for  individuals  and  NGOs138.  There  is  also  no 
evidence  that  costs  for  court  actions  are  prohibitively 
expensive.  

138  Over  70%  of  the  Dutch  citizens  perceive  judges  and  courts  as 
independent, which is the 7th highest level in the EU. See European 
Commission, 2016. The 2016 Justice Scoreboard, p. 35.  

The Netherlands  29 

Access 
evidence 

to 

information,  knowledge  and 

The  Aarhus  Convention  and  related  EU  legislation  on 
access  to  information  and  the  sharing  of  spatial  data 
require that the public has access to clear information on 
the environment, including on how Union environmental 
law is being implemented. 

authorities 

public 
the  public, 

and 
increasingly 

It is of crucial importance to public authorities, the public 
and business that environmental information is shared in 
an  efficient  and  effective  way.  This  covers  reporting  by 
active 
and 
businesses 
through 
to 
dissemination 
electronic means. 
The  Aarhus  Convention139,  the  Access  to  Environmental 
Information  Directive140  and  the  INSPIRE  Directive141 
together  create  a  legal  foundation  for  the  sharing  of 
environmental  information  between  public  authorities 
and with the public. They also represent the green part of 
the  ongoing  EU  e-Government  Action  Plan142.  The  first 
to  provide 
two 
information  to  the  public,  both  on  request  and  actively. 
The  INSPIRE  Directive  is  a  pioneering  instrument  for 
electronic  data-sharing  between  public  authorities  who 
can  vary  in  their  data-sharing  policies,  e.g.  on  whether 
access to data is for free. The INSPIRE Directive sets up a 
geoportal which indicates the level of shared spatial data 
in  each  Member  State  –  i.e.  data  related  to  specific 
locations,  such  as  air  quality  monitoring  data.  Amongst 
other  benefits 
it  facilitates  the  public  authorities' 
reporting obligations.  

create  obligations 

instruments 

For  each  Member 
accessibility  of 
State, 
environmental data (based on what the INSPIRE Directive 
envisages)  as  well  as  data-sharing  policies  ('open  data') 
have been systematically reviewed.143  

the 

An active dissemination legal framework was established 
in the Netherlands and can be considered operational144. 
Obstacles  reported  included  too  technical  information 
under  the  ePRTR  reporting  obligations  not  always  easily 
understandable to the public.145  

The  Netherlands  established  a  publicly  accessible  

139  European  Union,  Directive  2003/4/EC  on  public  access  to 

environmental information 

140 European Union, INSPIRE Directive 2007/2/EC 
141 European Commission, 2016. INSPIRE Directive  
142  European  Union,  EU  eGovernment  Action  Plan  2016-2020 
Accelerating  the  digital  transformation  of  government  COM(2016) 
179 final 

143  Upon  request  by  the  Commission,  most  Member  States 
provided  an  INSPIRE  Action  Plan  addressing  implementation 
issues.  These  plans  are  currently  being  assessed  by  the 
Commission. 
144 Reference to the report submitted by the Netherlands to the Aarhus 

Convention Secretariat in 2013.  

145UNECE, 2013. Aarhus Convention National Implementation Reports 

Netherlands 

Environmental Implementation Report – Netherlands 

 
 
                                                            
                                                            
The Netherlands  30 

knowledge  base146  for  environmental  legislation  and 
tools for implementation.  

The Netherlands' performance on the implementation of 
the  INSPIRE  Directive  as  enabling  framework  to  actively 
disseminate  environmental  information  to  the  public  is 
good.  

implemented. 

The  Netherlands  has  indicated  in  the  3-yearly  INSPIRE 
implementation report147 that the necessary data-sharing 
policies  allowing  access  and  use  of  spatial  data  by 
national 
States' 
administrations,  other  Member 
administrations  and  EU  institutions  without  procedural 
  The 
obstacles  are  available  and 
Netherlands has an open data policy. It is estimated that 
95% of the available spatial information is open data. 
Assessments  of  monitoring  reports148  issued  by  the 
information  that  the 
Netherlands  and  the  spatial 
Netherlands  has  published  on  the  INSPIRE  geoportal149 
indicate  that  not  all  spatial  information  needed  for  the 
evaluation and implementation of EU environmental law 
has been made available or is accessible. The larger part 
of  this  missing  spatial 
information  consists  of  the 
environmental data required to be made available under 
the  existing  reporting  and  monitoring  regulations  of  EU 
environmental law. 

Suggested action 

  Identify and document all spatial data sets required for 
the  implementation  of  environmental  law,  and  make 
the  data  and  documentation  at  least  accessible  'as  is' 
to  other  public  authorities  and  the  public  through  the 
digital services foreseen in the INSPIRE Directive. 

146 http://www.infomil.nl/  
147 European Commission, INSPIRE reports 
148 Inspire indicator trends 
149 Inspire Resources Summary Report   

Environmental Implementation Report – Netherlands