National report for the
Council Directive
2011/70/EURATOM
establishing a Community framework for the responsible
and safe management of spent fuel and radioactive waste
The Netherlands

National report for the Council Directive
2011/70/EURATOM
establishing a Community framework for the responsible
and safe management of spent fuel and radioactive waste
The Netherlands

Date

May, 2016

National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

Abstract

This is the national report of the Kingdom of the Netherlands for the Council Directive
2011/70/EURATOM establishing a community framework for the safe management of spent
fuel and radioactive wastes. The current report has been published in Dutch as well.
The report shows how the Netherlands meets the obligations of each of the articles of the
Directive. Article 14.1 of the Directive requires Member States to report in a three-year cycle,
on how they have implemented the obligations of the Directive. This report is the first in its
series.
The report has been drafted in line with the guidance provided by the European Nuclear Safety
Regulators Group ENSREG in their document ‘Final Guidelines for MS Reports to the Waste
Directive’, HLG_p(2014-27)_137.
The Netherlands will submit its national programme to the Commission in a separate
document. The present national report refers in various sections to the national programme.
The Netherlands has established and maintains a national legislative, regulatory and
organisational framework (‘national framework’) for spent fuel and radioactive waste
management, which is part of the framework for nuclear safety and radiation protection. The
current competent regulatory body for this subject is the Authority for Nuclear Safety and
Radiation Protection1, part of the Ministry of Infrastructure and the Environment.
The national policy on the management of spent fuel and radioactive waste is summarised
below.
The Dutch policy aims at minimisation of waste production. Prevention, reuse and use of
radioactive decay are important elements of this policy.
The prime responsibility for the safe management of spent fuel and radioactive waste rests
with the waste producers (i.e. license holders); the license holders shall also bear the
associated costs. In the Netherlands, COVRA is the central organisation for the management of
spent fuel and radioactive waste. Every company in the Netherlands must hand over their
radioactive waste to COVRA. At COVRA above-ground storage is available for at least 100
years, after which a final disposal is envisaged around 2130.The waste management shall be
safe now and in the future. During storage at COVRA the waste is managed safely. For the
future, a final disposal is envisaged. A dual-track policy presents the option of establishing a
national geological disposal facility as well as the option of cooperating with one or more
countries in the field of radioactive waste management (including disposal). The disposal
facility shall have passive safety features and during the operational period of the disposal
facility the waste shall be retrievable.
The radioactive waste policy should not put any undue burden for future generations. The
generations that have benefitted from certain application of radioactivity shall also bear the
costs of the management of the associated radioactive waste.

1

Autoriteit Nucleaire Veiligheid en Stralingsbescherming, ANVS
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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM, 2016

List of symbols and abbreviations
Abbreviation

Full term in Dutch

ALARA

Translation / explanation

As Low As Reasonably
Achievable

ANVS

Autoriteit Nuclear Veiligheid en
Stralingsbescherming

Authority for Nuclear Safety
and Radiation Protection

Awb

Algemene wet bestuursrecht

General Administrative Law
Act

Bkse

Besluit kerninstallations,
splijtstoffen en ertsen

Nuclear Installations,
Fissionable Materials and
Ores Decree

Bs

Besluit stralingsbescherming

Radiation Protection Decree

Bvser

Besluit vervoer splijtstoffen,
ertsen en radioactieve stoffen

Transport of Fissionable
Materials, Ores and
Radioactive Materials
Decree

COVRA

Centrale Organisatie voor
Radioactief Afval

Central Organisation for
Radioactive Waste

ENSREG

EPZ

European Nuclear Safety
Regulators Group

NV ElektriciteitsProductiemaatschappij ZuidNederland

EU

Operator of the nuclear
power plant in Borssele

European Union

GBq

Giga Becquerel

(Giga = 109)

GKN

Gemeenschappelijke
Kernenergiecentrale Nederland

Operator of the nuclear
power plant in Dodewaard

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

Abbreviation

Full term in Dutch

GRS

Translation / explanation

Gesellschaft für Anlagenund Reaktorsicherheit;
German service provider in
the field of nuclear safety

HABOG

Hoogradioactief
AfvalBehandelings- en Opslag
Gebouw

High level Radioactive
Waste Treatment and
Storage Building

HFR

Hoge Flux Reactor

Research reactor in Petten,
45 MWth

HOR

Hoger Onderwijs Reactor

Higher Education Reactor;
research reactor at the
University of Technology
Delft, 3 MWth

IAEA

International Atomic Energy
Agency

I&M

Ministerie van Infrastructuur en
Milieu

Dutch Ministry of
Infrastructure and the
Environment

Kew

Kernenergiewet

Nuclear Energy Act

MER

Milieu-effect rapport

Environmental Impact
Report

MWe

Megawatt electric

MWth

Megawatt thermic

NEA

Nuclear Energy Agency (An
agency of the OECD)

NRG

Nuclear Research and
consultancy Group

NVR

OECD

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Nucleaire Veiligheids-Richtlijn

Nuclear Safety Directive

Organisation for Economic
Cooperation and
Development

National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

Abbreviation

Full term in Dutch

Translation / explanation

OPERA

OnderzoeksProgramma
Eindberging Radioactief Afval

Research Programme into
Disposal of Radioactive
Waste

RID

Reactor Instituut Delft

Reactor Institute Delft
(Operator of the Higher
Education Reactor, HOR, in
Delft)

RIVM

Rijksinstituut voor Volksgezondheid en Milieuhygiëne

Dutch National Institute for
Public Health and the
Environment

TSO

Technical (safety) Support
Organisation

URENCO

URanium ENrichment
COrporation Ltd

WANO

World Association of Nuclear
Operators

WENRA

Western European Nuclear
Regulators Association

Wob

Wet openbaarheid van bestuur

General Information (Public
Access) Act

ZBO

Zelfstandig BestuursOrgaan

Independent NonDepartmental Public Body

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM, 2016

Contents

ARTICLE 4.
4.0

General principles ..................................................... 19

Text of the Article ............................................................. 19

4.0.a Statements about the national policy of the Kingdom of the Netherlands
in relation to Article 4 of the Directive ........................................................ 20
4.0.b Political decisions in relation to Article 4 of the Directive, that form the
basis for the national policy ....................................................................... 20

ARTICLE 5.
5.0

National framework .................................................. 21

Text of the Article and introductory explanations ............. 21

5.0.a Overview of the national framework of legislation and organisation
relating to the management of spent fuel and radioactive waste .................... 22
5.0.b Ratification of relevant international conventions and other legal
instruments............................................................................................. 24

5.1

Preparing and maintaining a national framework ............. 24

5.1.a National programme for the implementation of the policy on the
management of spent fuel and radioactive waste – provisions in a legal
framework .............................................................................................. 24
5.1.b National arrangements for the safety of the management of spent fuel
and radioactive waste ............................................................................... 24
5.1.c Licensing system for activities and/or facilities for the management of
spent fuel and radioactive waste ................................................................ 26
5.1.d

Appropriate control, management system, inspections and reporting .. 27

5.1.e

Enforcement actions ...................................................................... 27

5.1.f

Allocation of responsibilities ........................................................... 27

5.1.g

National requirements for public information and participation ............ 28

5.1.h Financing schemes for the management of spent fuel and radioactive
waste – legal framework ........................................................................... 28

5.2

Improving the national framework ................................... 28

5.2.a

Operational experience, national and international ............................ 28

5.2.b

Documented decision-making processes .......................................... 29

5.2.c

Technological developments and results of relevant research ............. 29

5.2.d

Results of self-assessments and Peer Reviews .................................. 29

ARTICLE 6.
6.0

Competent regulatory authority ................................ 30

Text of the Article and introductory comments ................. 30

6.0.a Introductory comments on recent developments in respect of the
competent regulatory authority ................................................................. 30

6.1

Establishment of a regulatory authority ............................ 30

6.1.a

Legal framework within which the authority functions ........................ 30

6.1.b

Organisation of the authority .......................................................... 31

6.1.c

Supporting government organisations: RIVM .................................... 32
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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

6.1.d

Organisations for education and training .......................................... 32

6.1.e

Technical (safety) Support Organisations (TSOs) .............................. 32

6.2

Independence of the competent regulatory authority ....... 32

6.3
Legal authorities and human and financial resources of the
competent regulatory authority .................................................. 33
6.3.a

Legal authorities ........................................................................... 33

6.3.b

Human resources .......................................................................... 33

6.3.c

Financial resources ....................................................................... 34

ARTICLE 7.
7.0

Licence holders.......................................................... 35

Text of the Article .............................................................. 35

7.1
Guarantees that prime responsibility for the safe
management of spent fuel and radioactive waste lies with the
licence holder .............................................................................. 35
7.2
Guarantees of regular evaluation of the safety and
continuous improvement of the safety ........................................ 36
7.3
Demonstration of the safety of a facility or activity during
the entire lifecycle ....................................................................... 37
7.4
Guarantees that licence holders adopt and employ
management systems.................................................................. 37
7.5
Requiring licence holders to provide for and maintain
adequate financial and human resources .................................... 38
7.5.a

Adequate financial resources .......................................................... 38

7.5.b

Human resources .......................................................................... 38

ARTICLE 8.

Expertise and skills.................................................... 41

8.0

Text of the Article .............................................................. 41

8.1

Expertise and skills of the licence holders ......................... 41

8.2

Expertise and skills at the ANVS ........................................ 41

8.3

Activities for complying with the National Programme ...... 42

ARTICLE 9.

Financial resources .................................................... 43

9.0

Text of the Article .............................................................. 43

9.1

Implementation of Article 9 .............................................. 43

9.1.a
waste

Financial resources for the management of spent fuel and radioactive
43

9.1.b

Financial resources for dismantling nuclear installations ..................... 43

9.1.c

Financial resources for other activities ............................................. 44

ARTICLE 10.

Transparency ........................................................... 45

10.0

Text of Article .................................................................... 45

10.1

Implementation................................................................. 45

10.1.a

Provision of information to the public and employees...................... 45

10.1.b

Communication strategy of the competent regulatory authority ....... 46

10.1.c

Participation by the public in decision making ................................ 47

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

ARTICLE 11.

National programmes .............................................. 49

11.0

Text of Article ................................................................... 49

11.1

Ensuring implementation of the national programme ....... 49

11.1.a

National programme submitted to the Commission ......................... 49

11.1.b

Progress in implementation of the National programme .................. 49

11.2

Regular updating of the national programme.................... 52

ARTICLE 12.

Contents of the national programmes ..................... 53

12.0

Text of Article ................................................................... 53

12.1

Inventory of all spent fuel and radioactive waste ............. 54

12.2

National programme ......................................................... 54

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM, 2016

Introduction

This introduction explains among other points the purpose of the present
report: ‘National Report of the Kingdom of the Netherland for the Council
Directive 2011/70/EURATOM’. The introduction provides an overview of
current and potential sources of spent fuel and radioactive waste. It
provides a description of which Competent Authorities and implementing
organisations are involved in the responsible and safe management of
spent fuel and radioactive waste.
Purpose of the national rapport
The national rapport demonstrates how the Kingdom of the Netherlands complies
with the obligations arising from Article 14 of the Council Directive
2011/70/EURATOM. Article 14.1 of the Directive obliges the Member States to
submit a report to the European Commission on a three-yearly cycle on how they
have implemented the obligations. This report is the first of the series of reports for
the Directive.
This report was drawn up in accordance with the guidelines2 of the ‘European
Nuclear Safety Regulators Group’ (ENSREG).
Relationship between this national report and the ‘national programme’
In addition to a national report on compliance with the above referred to Directive,
all EU Member States are required to draw up a so-called national programme for
the management of spent fuel and radioactive waste, in accordance with Article 11
of the Directive. In accordance with Article 13 of the Directive, the Member States
must inform the European Commission of their national programmes.
It was envisaged to send both reports at the same time to the European
Commission to avoid any inconsistencies that might arise, whenever the parliament
likes to change the national programme. However, since the parliament still has the
national programme on its agenda, it is not advisable to wait any longer with the
submission of the national report to the European Commission.
Sources of spent fuel and radioactive waste in the Netherlands
The spent fuel and the radioactive waste are generated by licence holders (see
5.0.a.5). All companies in the Netherlands that hold a licence on the basis of the
Nuclear Energy Act are required to tender their radioactive waste to COVRA.
The competent regulatory authority involved in the responsible and safe
management of spent fuel and radioactive waste in the Netherlands
The Authority for Nuclear Safety and Radiation Protection (ANVS)3, mandated by the
Minister of Infrastructure and the Environment, is the competent regulatory body.
The ANVS brings together expertise in the fields of nuclear safety and radiation
protection, as well as security and safeguards. The ANVS has a staff of currently 122
FTE.
More information on the competent regulatory authority is available in the section
accompanying ARTICLE 6 of this report.
Legal framework in respect of the safe management of spent fuel and
radioactive waste in the Netherlands
The Nuclear Energy Act forms the basis for Dutch regulations in the field of nuclear
safety and radiation protection and as such also for the management of spent fuel
2
3

‘Final Guidelines for MS Reports to the Waste Directive’, HLG_p(2014-27)_137, ENSREG, 2014
Autoriteit Nucleaire Veiligheid en Stralingsbescherming, ANVS
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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

and radioactive waste. The Nuclear Energy Act consists of approximately 100
articles. These articles contain the principles for further regulation, licensing systems
and government authorities.
For more details about the legal framework, see the section accompanying ARTICLE
5 of this report and chapter 5 of the national programme of the Netherlands.
The policy in respect of the management of spent fuel and radioactive
waste in the Netherlands
The policy in respect of the management of spent fuel and radioactive waste will be
presented in the national programme on radioactive waste of the Netherlands4.
Additional information on this subject is also available in this report, in particular in
chapter 4.0. The policy is briefly summarised below.
Radioactive waste policy and links to other policy fields
The policy on radioactive waste is part of the policy on radiation protection, which
protects man and the environment against the risks of exposure to ionising
radiation. To achieve this, exposure to radiation must be justified, as low as
reasonably achievable (ALARA) and must remain within specified thresholds. Anyone
using ionising radiation bears prime responsibility for that use. The same principles
are applied to the management of radioactive waste.
The policy applies a graded approach; the greater the risk, the stricter the regime.
For example, the requirements imposed on activities involving spent fuel are stricter
than for activities involving other radioactive substances.
The policy on radioactive waste ties in with the policy in respect of conventional
waste. As far as possible, for example, the policy strives to close raw materials
cycles, with priority to be given to the most environmentally friendly possible
processing methods. In the policy on radioactive waste, the following preferred
order for processing is also assumed: prevention, reuse, and finally safe
management of remaining waste substances. Furthermore, as with conventional
waste, for the management of radioactive waste, the IBC principle is applied:
isolate, manage and control.
Reprocessing of spent fuel from the Nuclear power plant in Borssele
Government policy in respect of the reprocessing of spent fuel in principle leaves the
choice of whether or not to reprocess to the operator of the nuclear power plant. In
the past, operators of nuclear power plants in the Netherlands have opted for
reprocessing.
Management of radioactive waste and spent fuel
For more than thirty years the Dutch policy on radioactive waste is based on a
aboveground storage of radioactive waste at COVRA for at least a period of 100
years, after which disposal deep belowground is envisaged, around 2130. The policy
will be described in detail in the national programme, which is submitted for
discussion to the parliament.
The practice of the management of spent fuel and radioactive waste in the
Netherlands and the implementing organisations
All the radioactive waste and the spent fuel from research reactors is stored in the
aboveground facilities for interim storage during this century at the Central
Organisation For Radioactive waste, COVRA. As a result, nuclear installations do not
have their own (long-term) waste storage facilities. COVRA is the only organisation
in the Netherlands with a licence to store waste.
The operator of the nuclear power plant in Borssele has entered into reprocessing
contracts for all spent fuel which will be produced up to the end of the operating

4

In the national programme for 2016, see chapters 4 (policy) and 5 (legislation and regulation).

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

period of the power plant. In 2012, the Republic of France and the Kingdom of the
Netherlands signed a treaty that regulates the reception and reprocessing of Dutch
spent fuel by Areva NC in France, and the return to the Netherlands5 of the
radioactive residues from reprocessing.
Spent fuel from the research reactors will not be reprocessed, but will be
transported to COVRA.
The COVRA site occupies approximately 25 hectares. On this site, COVRA has
various waste processing and storage facilities for radioactive waste and spent fuel.
The ‘HABOG facility’ was built for the storage of spent fuel, residues from
reprocessing of spent fuel (vitrified waste and compacted caps and hulls of spent
fuel elements) and used uranium targets from molybdenum production. The building
is resistant to the most extreme conceivable external occurrences. It is a modular
storage building with a passive cooling system.
COVRA offers the possibility to store materials that need longer than two years 6 to
decay to below the release thresholds (decay storage). During a period of not more
than 25 years, materials from the dismantling of large fixed installations can be
stored at COVRA without being reprocessed.
More details of waste management and the other tasks of COVRA are available in
the national programme of the Netherlands.
Key issues in respect of the management of spent fuel and radioactive
waste and safety in this report
• About thirty years ago the Netherlands has opted for a single central organisation
for the management of all spent fuel and radioactive waste; this organisation is
COVRA. The aboveground storage at COVRA has been built for at least 100 years,
after which for the time being, disposal is envisaged;
• The key elements of the policy are:
– In the first instance, the waste producers are responsible for the responsible
management of their waste and the related costs.
– The policy is aimed at minimising the waste flows. Prevention of waste
production, reuse and using radioactive decay are successful policy
instruments.
– Safe management now and in the future is a key element. During aboveground
storage at COVRA, the waste is safely managed. In the future, for the moment
geological disposal is envisaged in a disposal facility which must be passively
safe. During the operation of the facility the waste must be retrievable.
– There may be no unreasonable burdens on future generations. The generations
that have profited from specific applications of radioactivity must bear the
burdens for the costs of management of the resultant waste.
Most recent peer review and planned reviews
The competent regulatory authority recently (2013-2014) undertook a major selfassessment in the framework of an IRRS mission of the IAEA, which was concluded
in 2014. A follow-up mission is foreseen in 2018. For more information see section
5.2.d of this report.
Procedure for establishment of the national report
This National Report was drawn up by the ANVS together with the national
programme. The drawing up of this report involved persons who were active in
drawing up the national programme.

5
6

before the end of 2052
This is a period during which the licence holder is permitted to store waste materials with a half-life of not more
than 100 days at its own facilities, to allow that waste to decay to non-radioactive waste.
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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM 2016

It was envisaged to send both reports at the same timer to the European
Commission to avoid any inconsistencies that might arise, whenever the parliament
likes to change the national programme. However, since the parliament still has the
national programme on its agenda, it is not advisable to wait any longer with the
submission of the national report to the European Commission.
Reading this document
This report follows the structure proposed by ENSREG.
Wherever in this report the term ‘Directive’ is used, this refers to the Council
Directive 2011/70/EURATOM.
Wherever the term ‘Netherlands’ is used, this refers to the ‘Kingdom of the
Netherlands’.

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM, 2016

Summary

Updated information about issues that have developed since the publication
of the previous national report
Not applicable; this is the first national report.
Important issues identified in the previous report or which have occurred
since publication of the previous report.
Not applicable; this is the first national report.

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National report of the Kingdom of the Netherlands for the Council Directive 2011/70/EURATOM, 2016

ARTICLE 4. General principles

This chapter deals with the policy measures for complying with the
obligations from Article 4 of the Directive, as applicable today to spent fuel
and radioactive waste. For certain aspects, the text below refers to the
Introduction to the present report.
4.0

Text of the Article

Article 4 – General principles
4.1. Member States shall establish and maintain national policies on spent fuel and
radioactive waste management. Without prejudice to Article 2(3), each Member
State shall have ultimate responsibility for management of the spent fuel and
radioactive waste generated in it.
4.2. Where radioactive waste or spent fuel is shipped for processing or reprocessing
to a Member State or a third country, the ultimate responsibility for the safe and
responsible disposal of those materials, including any waste as a by-product, shall
remain with the Member State or third country from which the radioactive material
was shipped.
4.3. National policy shall be based on all of the following principles:
a) the generation of radioactive waste shall be kept to the minimum which is
reasonably practicable, both in terms of activity and volume, by means of
appropriate design measures and of operating and decommissioning practices,
including the recycling and reuse of materials;
b) the interdependencies between all steps in spent fuel and radioactive waste
generation and management shall be taken into account;
c) spent fuel and radioactive waste shall be safely managed, including in the long
term with passive safety features;
d) implementation of measures shall follow a graded approach;
e) the costs for the management of spent fuel and radioactive waste shall be borne
by those who generated those materials;
f) an evidence-based and documented decision-making process shall be applied
with regard to all stages of the management of spent fuel and radioactive waste.
4.4. Radioactive waste shall be disposed of in the Member State in which it was
generated, unless at the time of shipment an agreement, taking into account the
criteria established by the Commission in accordance with Article 16(2) of Directive
2006/117/Euratom, has entered into force between the Member State concerned
and another Member State or a third country to use a disposal facility in one of
them.
Prior to a shipment to a third country, the exporting Member State shall inform the
Commission of the content of any such agreement and take reasonable measures to
be assured that:
a. the country of destination has concluded an agreement with the Community
covering spent fuel and radioactive waste management or is a party to the Joint
Convention on the Safety of Spent Fuel Management and on the Safety of
Radioactive Waste Management (‘the Joint Convention’);
b. the country of destination has radioactive waste management and disposal
programmes with objectives representing a high level of safety equivalent to those
established by this Directive; and
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c. the disposal facility in the country of destination is authorised for the radioactive
waste to be shipped, is operating prior to the shipment, and is managed in
accordance with the requirements set down in the radioactive waste management
and disposal programme of that country of destination.

4.0.a

Statements about the national policy of the Kingdom of the
Netherlands in relation to Article 4 of the Directive

The Netherlands has implemented the Directive in national legislation. In accordance
with the Directive, the Netherlands bears ultimate responsibility for the management
of spent fuel and radioactive waste. This responsibility includes the conditions as
formulated in articles 4.2 and 4.4 of the Directive.
The national policy of the Netherlands in respect of the management of spent fuel
and radioactive waste is based on the principles as formulated in Article 4.3 of the
Directive.
The national policy of the Netherlands provides for management options and
definitive disposal facilities for all radioactive waste flows.
4.0.b

Political decisions in relation to Article 4 of the Directive, that
form the basis for the national policy

As specified in the Introduction to this report, the national policy has undergone
little change over the past 30 years, and complies with the requirements of Article 4.
Directive 2011/70/Euratom has been fully implemented in the Radiation Protection
Decree (Article 20h) and in the Nuclear Installations, Fissionable Materials and Ores
Decree (Article 40a).
The political decisions that form the basis for the national policy – as previously
outlined – were not taken recently. Nonetheless, with the introduction of Directive
2011/70/Euratom, every Member State has among other things been required to
draw up a national programme. The national programme describes the current state
of affairs in respect of Dutch policy on the management of radioactive waste,
including disposal. In the programme, submitted to the Senate and the House of
Representatives, proposals have been made for additions to the policy. Most of the
additions were already notified to the House of Representatives in the past7. See
chapters 2 and 4 of the national programme of the Netherlands. Publication of the
Programme is foreseen shortly after the debate with the House of Representatives
(originally scheduled for April 2016 but postponed).

7

Parliamentary papers, session year 2012-2013, 25 422, no. 105

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ARTICLE 5. National framework

This chapter describes the national statutory, regulatory and organisational
framework for the management of spent fuel and radioactive waste.
5.0

Text of the Article and introductory explanations

Article 5 – National framework
5.1. Member States shall establish and maintain a national legislative, regulatory
and organisational framework (‘national framework’) for spent fuel and radioactive
waste management that allocates responsibility and provides for coordination
between relevant competent bodies. The national framework shall provide for all of
the following:
a. a national programme for the implementation of spent fuel and radioactive waste
management policy;
b. national arrangements for the safety of spent fuel and radioactive waste
management. The determination of how those arrangements are to be adopted and
through which instrument they are to be applied rests within the competence of the
Member States;
c. a system of licensing of spent fuel and radioactive waste management activities,
facilities or both, including the prohibition of spent fuel or radioactive waste
management activities, of the operation of a spent fuel or radioactive waste
management facility without a licence or both and, if appropriate, prescribing
conditions for further management of the activity, facility or both;
d. a system of appropriate control, a management system, regulatory inspections,
documentation and reporting obligations for radioactive waste and spent fuel
management activities, facilities or both, including appropriate measures for the
post-closure periods of disposal facilities;
e. enforcement actions, including the suspension of activities and the modification,
expiration or revocation of a licence together with requirements, if appropriate, for
alternative solutions that lead to improved safety;
f. the allocation of responsibility to the bodies involved in the different steps of
spent fuel and radioactive waste management; in particular, the national
framework shall give primary responsibility for the spent fuel and radioactive waste
to their generators or, under specific circumstances, to a licence holder to whom
this responsibility has been entrusted by competent bodies;
g. national requirements for public information and participation;
h. the financing scheme(s) for spent fuel and radioactive waste management in
accordance with Article 9.
5.2. Member States shall ensure that the national framework is improved where
appropriate, taking into account operating experience, insights gained from the
decision-making process referred to in Article 4(3)(f), and the development of
relevant technology and research.

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5.0.a

Overview of the national framework of legislation and
organisation relating to the management of spent fuel and
radioactive waste

5.0.a.1
Legislation and regulations
The Nuclear Energy Act8 is the basis of Dutch regulations in respect of nuclear safety
and radiation protection, and as such for the management of spent fuel and
radioactive waste. In the articles of the Act, the principles for further regulation,
licensing systems and the authorities of government are laid down.
For the management of spent fuel and radioactive waste, the following
governmental decrees, in particular, are relevant:
• the Radiation Protection Decree (Bs): this lays down the most important rules for
handling radioactive waste substances;
• the Nuclear Installations, Fissionable Materials and Ores Decree (Bkse): this lists
the most important rules for handling spent fuel;
• the Transport of Fissionable Materials, Ores and Radioactive Substances Decree
(Bvser): this Decree regulates the transport of spent fuel and radioactive waste.
Other relevant arrangements:
• the Decree on Import, Export and Transit of Radioactive Waste Materials and
Irradiated Fission Materials
• Radioactive Contaminated Scrap Detection Regulation
• Shutdown and Decommissioning of Nuclear Facilities Regulation
As a Member State of the European Union, the Netherlands is required to implement
in its national regulations the Directives that are established in consultation with
other Member States. As a consequence, Directive 2011/70/Euratom has been
implemented in the Radiation Protection Decree9 (Article 20h) and the Nuclear
Installations, Fissionable Materials and Ores Decree10 (Article 40a).
5.0.a.2
Licences
The Nuclear Energy Act also operates a number of licensing systems. There are
separate licences for maintaining a nuclear facility in operation, carrying out
activities involving a radioactive substance, the use of a device or the transport of
spent fuels or a radioactive substance. Characteristic of the requirements in a
licence is that they are specifically directed at the licence holder. As a result, if
necessary, a tailor-made application can be implemented.
5.0.a.3

Competent regulatory authority – policy, licensing, supervision,
enforcement
Formally the minister of Infrastructure and the Environment (I&M) is the competent
regulatory authority. The ‘Authority for Nuclear Safety and Radiation Protection’
(ANVS) has been mandated by the minister of I&M to implement the tasks of the
competent regulatory authority. The ANVS is currently a directorate of the Ministry
of I&M. Since the House of Representatives as well as the Senate in April 2016
approved the Bill11, it is envisaged that in 2017 the ANVS will operate as a legally
Independent Non-Departmental Public Body (in Dutch ZBO) with its own authorities,
following implementation of the Bill to amend current legislation.
As a regulatory body the ANVS combines expertise in the fields of nuclear safety and
radiation protection, as well as security and safeguards. For each of these subjects,
the ANVS is focused on preparing policy, legislation and regulations, the awarding of

8

http://english.autoriteitnvs.nl/documents/publication/2012/10/8/nuclear-energy-act
Article 20h, http://english.autoriteitnvs.nl/documents/publication/2014/1/21/radiation-protection-decree
10
http://english.autoriteitnvs.nl/documents/publication/2014/5/16/nuclear-facilities-fissionable-materials-and-oresdecree
11
House of Representatives, session year 2014 – 2015, 34 219, no. 2 ‘Amendment to the Nuclear Energy Act in
connection with the appointment of the Authority for Nuclear Safety and Radiation Protection – No. 2 White Paper’
9

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licences, supervision and enforcement and (public) information. The ANVS
contributes to safety studies and ensures that the Netherlands is well prepared for
any radiation incidents. The ANVS has a staff of currently 122 FTE.
The ANVS in its current form became operational on 1 January 2015. Prior to that
date, the tasks of the competent regulatory authority were implemented by a
number of different entities, spread across various Ministries and operating jointly.
The work of the ANVS is subject to the Ministerial responsibility of the Minister of
I&M. The Minister is accountable to the Parliament.
For more information about the competent regulatory authority and the ANVS,
consult the section accompanying ARTICLE 6 of this report.
5.0.a.4
Collection and management of radioactive waste – the COVRA
The Central Organisation For Radioactive waste, COVRA, was already introduced in
the Introduction to this report. It is the sole organisation in the Netherlands with a
licence for the collection and storage of spent fuel and radioactive waste.
Only very low level radioactive waste (ZELA) is not stored at COVRA, but may be
disposed of at specified landfill sites, or reused. Certain classes of naturally
occurring radioactive materials (NORM12) are eligible for this use.
100% of the shares in COVRA are held by the State.
COVRA is required to reserve and manage financial resources for both long-term
aboveground storage and for the implementation of (geological) disposal of the
waste. At present, COVRA also coordinates a research programme about a safe final
disposal.
5.0.a.5

Generators of spent fuel and radioactive waste – the licence
holders
In the Netherlands, there are approximately 1300 licence holders with a licence
according to the Nuclear Energy Act (Kew). Approximately two thirds of these
produce or will produce radioactive waste in the future13. The waste produced can be
divided into six sectors: nuclear, industry, medical, NORM industry, research and
miscellaneous.
Nuclear facilities in the Netherlands that produce radioactive waste are:
• the nuclear power reactor of the Elektriciteits Produktiemaatschappij ZuidNederland (EPZ) in Borssele (485 MWe);
• the research reactors in Petten and Delft:
– High Flux Reactor (HFR, 45 MWth) of the Nuclear Research & Consultancy Group
(NRG) in Petten. The HFR produces approximately 30% of all medical isotopes
in the world. Using these isotopes, 24,000 patients are treated ever day;
– Higher Education Reactor (HOR, 3 MWth) at the University of Technology in
Delft. The HOR is used for research and educational purposes;
• the uranium enrichment plant operated by URENCO in Almelo (6200 tSW/year).
There are two decommissioned nuclear installations: the nuclear power reactor
(GKN, 60 MWe) in Dodewaard and the Low Flux Reactor (LFR, 30 kWth) operated by
NRG in Petten. No radioactive waste is produced at these installations, but
radioactive waste will arise when these installations are dismantled.
The research location in Petten has so called ‘historical waste’ in the storage
building. This relates to the dry storage of waste from past experiments, still to be
conditioned.

12
13

Naturally Occurring Radioactive Materials (NORM)
For example upon termination of the activities of a licence holder and demolition and/or remediation of its
facilities.
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5.0.b

Ratification of relevant international conventions and other legal
instruments

The Netherlands is party to many Treaties and Conventions relating to the use of
nuclear technology and radioactive materials. This is illustrated by the following list.
• Non-proliferation: The Netherlands is party to the ‘Treaty on the Non-Proliferation
of Nuclear Weapons’ (NPT), the non-proliferation treaty of the UN. Related to this
are the guidelines from the ‘Nuclear Suppliers Group’ that lay down restrictions on
the transfer of sensitive nuclear techniques such as enrichment and reprocessing.
In addition, the Netherlands is affiliated to the ‘Proliferation Security Initiative’
(PSI), based on Resolution 1540 of the UN Security Council for the Nonproliferation of Weapons of Mass Destruction14.
• Liability15: The Netherlands is party to a series of UN Treaties on liability,
including the Paris Convention16 and supplementing convention to the Convention
of Paris, established in Brussels, and the joint protocol concerning the application
of the Vienna Convention and the Paris Convention.
• Nuclear safety: The Netherlands is party to the UN Convention on Nuclear
Safety17.
• (Radioactive) Waste management: The Netherlands is party to the Joint
Convention on the Safety of Spent Fuel Management and the Safety of
Radioactive waste management18.
• Physical protection: The Netherlands is party to the Convention on Physical
Protection of Nuclear Material and Nuclear Installations 19.
The Netherlands has also expressed its support for the following ‘Codes of Conduct’:
• ‘Code of Conduct on Safety and Security of Sources’ (published 2004, IAEA)
• ‘Code of Conduct on the Safety of Research Reactors’ (published 2004, IAEA)
5.1

Preparing and maintaining a national framework

5.1.a

National programme for the implementation of the policy on the
management of spent fuel and radioactive waste – provisions in
a legal framework

According to articles 11 and 12 of the Council directive 2011/70/Euratom a national
programme has been drafted. About the draft the public has been consulted as well
as the Netherlands Commission for Environmental Assessment. The redraft has been
approved by the Council of Ministers and subsequently the concept has been
submitted to the Parliament.
This section does not provide a description of the content of the national
programme. This legal framework with its provisions relating to the implementation
of the national policy via a national programme is already described in section 5.0.a.
The Netherlands will submit the national programme to the Commission and make
public that same programme. More information about the national programme is
available in this report in the sections relating to Articles 11 and 12 of the Directive.
5.1.b

National arrangements for the safety of the management of
spent fuel and radioactive waste

This section explains:

14

UN Security Council Resolution 1540 (UNSCR 1540) for the non-proliferation of Weapons of Mass Destruction
(WMD)
15
Liability
16
‘Paris Convention on Third Party Liability in the Field of Nuclear Energy’
17
Convention on Nuclear Safety (CNS)
18
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management,
(JC)
19
Convention on Physical Protection of Nuclear Material and Nuclear Installations
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1. the process of establishing arrangements (including legislation), including the
responsibilities of the various authorities and participation by interested
members of the public in this process;
2. the various instruments for implementation of the arrangements.
5.1.b.1

Process of establishing arrangements such as laws and
requirements
The Constitution of the Netherlands describes how laws are established, and how the
Constitution itself can be amended. The members of the Senate and the House of
Representatives together form the Parliament, and monitor the work of the
Government.
The Government consists of the King, the Prime Minister, the other Ministers and the
Secretaries of State. The Cabinet consists of the Government, without the King. The
Government is accountable for its policy to Parliament.
The national legal framework consists of laws, governmental decrees and Ministerial
Decrees. In as much as this legal framework concerns nuclear safety, radiation
protection or related subjects, new or updated elements therefore are prepared by
the competent regulatory authority, the ANVS. For more information about the
position of the ANVS, see the section in this report about ARTICLE 6 of the Directive.
The majority of laws are introduced to the Parliament by the Government. The
members of Parliament can adopt, reject or amend a Bill. Certain laws such as the
Nuclear Energy Act are a so-called ‘framework act’ whereby the establishment of the
underlying detailed requirements is delegated to Ministers or specific administrative
bodies.
The Advisory Division of the Council of State provides the Government with
independent advice on proposals for new regulations. During the procedure of
legislation and regulation, the competent regulatory body involves the relevant
actors such as licence holders, non-governmental organisations (NGOs) and public in
this process. For national arrangements for and the practice of participation by the
public, see section 5.1.g below.
Since 2014 an advisory referendum among the public has to be hold on every legal
proposal whenever the required number of signatures has been gathered . Above a
turnout of 30 % the referendum is valid and the government has to respond.
5.1.b.2
The diverse instruments for implementing arrangements
The Directive 2011/70/Euratom is fully implemented in the national regulations in
the Netherlands, and the relevant details need not be reported in this report.
Below, the legal framework will be briefly explained in more detail.
As outlined above, there are laws and underlying regulations. Section 5.0.a.1 has
already listed the most important elements, in so far as they are linked to the
Nuclear Energy Act. In addition, there are other Ministerial regulations, the
preparation of which is delegated to a Minister. These regulations are not submitted
to Parliament for a vote. However, a so-called ‘preliminary scrutiny procedure’ is
employed for Ministerial Decrees (Amvb’s) whereby Parliament is offered an
additional opportunity for exercising control. After approval and before a decree
enters into force the House of Representatives has a period of 4 weeks to make
additional remarks (a kind of aftercare procedure).
Alongside the Nuclear Energy Act, there are other relevant Acts, a number of the
most important of which are listed below.
The General Administrative Law Act (Awb) applies to the procedures of practically all
laws. This Act also regulates the procedures for public interaction in the procedures.

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The Environmental Management Act (Wm) together with the Environmental Effect
Assessment Decree specifies when an environmental impact report has to be made,
in relation to a licence application for a nuclear installation.
The Environmental Law (General Provisions) Act (Wabo) regulates so-called
environmental licensing. An environmental licence is a single integrated licence for
buildings, accommodation, spatial elements, nature and the environment. In the
case of a licence for a nuclear installation, the Wabo is relevant for all non-nuclear
issues.
The Nuclear Incidents (Third Party Liability) Act (Wako) regulates the liability of
operators of nuclear operations for nuclear accidents.
5.1.c

Licensing system for activities and/or facilities for the
management of spent fuel and radioactive waste

5.1.c.1
Requirements for a licence
The Nuclear Energy Act12 states (Article 15 (b)) that a licence is required for the
construction, commissioning, operation, alteration or dismantling of a nuclear
facility. It is also required (Article 15, (a)) to have a licence for importing, exporting,
owning and disposing of spent fuels. Article 29 of the Nuclear Energy Act specifies
that a licence is required for the preparation, transport, ownership, import and
disposal of radioactive material, for situations identified in the Radiation Protection
Decree.
5.1.c.2
Process of licensing
As for all licensing procedures in the Netherlands, for the licensing procedures
according to the Nuclear Energy Act, the requirements of the Awb apply.
Before a licence application is submitted, there is generally first informal
consultation between the applicant and the competent regulatory authority. At this
stage, a review is carried out of the application documents. The authority evaluates
the application and prepares a draft decision. The public can make its views on the
draft decision known. The authority then draws up a definitive decision, whereby the
opinions of the public are taken into account. The opinions and the response to
those opinions by the authority are added to the decision. Finally, interested parties
can submit an objection and initiate proceedings with the Administrative Jurisdiction
Division of the Council of State.
In certain cases, it is also compulsory to follow the procedure of the Environmental
Impact Report (EIR). There is a permanent committee, the NCEA20 (Commissie
m.e.r) that is able to advise the competent regulatory authority on the desirability of
an environmental import report procedure, and the requirements to be imposed on
an Environmental Impact Report (EIR) to be prepared by the licence applicant.
5.1.c.3
Further requirements where necessary – the licence
In addition to the general rules according to the Nuclear Energy Act, there are also
requirements that are imposed at the level of the licence. There are for example
separate licences for operating a nuclear facility, carrying out a process with a
radioactive material, using a device or the transport of spent fuels or a radioactive
substance. Characteristic for the requirements in a licence is that they are aimed
specifically at the licence holder and the application in question. If necessary, for a
particular application, a ‘tailor-made’ approach can be employed.
5.1.c.4
Process and system of reviewing or updating a licence
Article 17 of the Nuclear Energy Act offers the possibility of implementing minimal
modifications to nuclear installations, if required, without renewing or amending the
licence. This is only permitted if the modifications do not result in any other or

20

http://www.commissiemer.nl/english

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greater impact on the environment than the original situation. Such minor
modifications are still published.
In the event of non-minimal modifications, a revision of the licence is required. The
licence holder must then update the documents for his safety evaluation (for
example a safety report) and submit it to the authority for assessment. In certain
cases, an environmental impact report procedure must also be followed. As with
every licensing procedure, the public can make its opinions known, as with ‘ordinary’
licensing procedures.
5.1.d

Appropriate control, management system, inspections and
reporting

The competent regulatory authority ensures compliance by licence holders with their
obligations. To be able to correctly implement this task, a system of inspections,
audits, assessments of company reports and evaluation by the authority of special
occurrences and incidents has been established. Inspections undertaken by the
competent regulatory authority are supplemented by international missions, often
under the auspices of the IAEA. The periodic safety evaluations undertaken by
licence holders and submitted to the authority are an important starting point for the
evaluations.
Inspections are planned and the results of those inspections are reported on.
As stated in the previous sections, only COVRA has a licence for the collection and
storage of spent fuel and radioactive waste. COVRA operates a quality assurance
system appropriate to its tasks. The ANVS ensures compliance by COVRA with all
the licence conditions.
At this moment in time there are no preparations for construction of a disposal
facility. In that connection, refer to the Introduction to the present report in which
the policy in respect of the management of spent fuel and radioactive waste is
outlined briefly. Within this policy, disposal far below ground is not envisaged until
around 2130. Supervision of the construction or the functioning of a disposal facility
is therefore not yet relevant.
5.1.e

Enforcement actions

In accordance with the Nuclear Energy Act12 (Article 37b), if serious shortcomings
are observed at a licence holder, any action can be taken considered necessary by
the authority. There are enforcement procedures that will be followed wherever
Article 37b is applicable.
Article 19.1 of the Nuclear Energy Act grants the competent regulatory authority the
authority to adapt licence conditions in order to protect the interests as laid down in
Article 15b of the Act. Under certain circumstances, Article 20a offers the possibility
of withdrawing the licence. Articles 22.3, 33.3, 66 and 83a (the latter with a
reference to the Wabo) offer the possibility of using administrative enforcement.
Articles 5:21 through to 5:31c of the General Administrative Law Act (Awb) provide
a further description of ‘Order subject to administrative enforcement’. Article 5:32
grants the authority the power to impose an administrative enforcement order
subject to a penalty.
5.1.f

Allocation of responsibilities

The competent regulatory body is described briefly in section 5.0.a.3. This
competent regulatory body develops policy and regulations in respect of the safe
management of spent fuel and radioactive waste, issues licences and ensures
compliance with applicable conditions from regulations and licences. For more
information about the competent regulatory authority, see the section about
ARTICLE 6 of the Directive.
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The licence holders hold prime responsibility for the safe management of the spent
fuel and radioactive waste generated by them. See also the section relating to
ARTICLE 7 of the Directive. However, as soon as these materials are transferred by
them to COVRA, responsibility for safe management lies with this organisation.
COVRA is the national waste management organisation. By having a single
organisation that following acceptance of the radioactive waste materials is
responsible for all further stages of radioactive waste management, there is clarity
on the responsibility for those stages. The central collection, processing and storage
of radioactive waste also ensures implementation of key aspects such as
environmental hygiene, cost effectiveness and industrial hygiene.
5.1.g

National requirements for public information and participation

The General Administrative Law Act (Awb) is the item of legislation that among
other points regulates public interaction in the procedures. The Awb applies to the
procedures of practically every law. The Awb also provides for the procedures for the
publication of information about draft decisions, for example a decision to grant a
licence. Such issues must be published in the Netherlands Government Gazette and
in the national and local media. According to the Awb, the documentation for a
licence application must be made available to the public. Every member of the public
is permitted to present his or her views on the application and to demand a hearing.
In what is known as the Publication Act, specific requirements are laid down for the
publication of new regulations. All new regulations are published on the Internet, in
the Bulletin of Acts and Decrees and in the Government Gazette.
Further details are available in this report in the section accompanying ARTICLE 10
(transparency) of the Directive.
5.1.h

Financing schemes for the management of spent fuel and
radioactive waste – legal framework

Part of Dutch policy in respect of the financing of waste management is the principle
of ‘the polluter pays’. This principle also applies to the management of spent fuel
and radioactive waste.
Legislation therefore includes requirements for governing the securing by licence
holders of the financing for dismantling of their nuclear reactors.
For operators working with large volumes of scrap or with high level radioactive
sources, regulations do apply for the financial security of management.
5.2

Improving the national framework

The central theme of this section is the improvement of the national framework of
legislation and regulations and the related organisational aspects. This theme is
elaborated in the following sub sections 5.2.a through to 5.2.d. For requirements
relating to continuous improvement at licence holders, see section 7.2.
5.2.a

Operational experience, national and international

The ANVS continuously monitors its own activities, see also section 5.2.b.
The ANVS monitors and evaluates the operations of the Dutch licence holders.
Wherever conclusions can be drawn, lessons learned must be used for developing
new policy, new regulations or amending licensing conditions.
There are regular bilateral contacts with authorities in European countries and the
United States, whereby operational experience is exchanged. Within the EU, via the
authority, the Netherlands is represented in the working groups of WENRA, ENSREG
and HERCA. Representatives of the authority also participate in the activities of
other international working groups under the auspices of the NEA and/or IAEA.
The ANVS also participates in international Peer Review activities, see section 5.2.d.
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5.2.b

Documented decision-making processes

The ANVS has documented decision-making processes. However, the ANVS is a
learning organisation and attempts to improve constantly its decision-making
processes.
5.2.c

Technological developments and results of relevant research

The Nuclear Energy Act offers the competent regulatory body the possibility to take
the initiative to adapt the scope of a licence and the accompanying licensing
conditions, if new technological insights make this necessary in the judgement of the
authority.
For its policy preparation work, the ANVS uses evaluation of technological
developments and other studies, often undertaken by contracted parties.
5.2.d

Results of self-assessments and Peer Reviews

Competent regulatory authority
Although there are no explicitly formulated legal requirements, current practice is
that the expertise and effectiveness of the competent regulatory authority must be
regularly evaluated. The resultant follow-up actions ensure that the authority
remains effective.
Recently (2013 – 2014), the authority undertook a major self-assessment in the
framework of an IRRS mission of the IAEA, which was concluded at the end of 2014.
The findings of this assessment supported the Dutch effort to establish a single
entity for the competent regulatory body in which all necessary knowledge and
expertises about nuclear safety and radiation protection have been brought
together. Prior to 2015, the tasks of the authority were undertaken by various
mandated entities in different Ministries. The recommendations of the IRRS will be
taken up in the framework of the ANVS. A follow-up mission of the IAEA is
scheduled for 2018 to assess how the IRRS-recommendations and suggestions have
been implemented.
Representatives of the authority regularly participate in international missions
(under the auspices of the IAEA) in other countries. This too contributes to
broadening knowledge and understanding among the staff of the authority.
Licence holders
The Netherlands has a decades-long tradition of Periodic Safety Evaluations, better
known in international jargon as ‘Periodic Safety Reviews’ (PSRs). These are largescale self-evaluations carried out by licence holders. The PSRs are assessed by the
ANVS. The obligation to carry out PSRs has been included for more than 20 years in
the licensing conditions, and for a slightly shorter period in guidelines drawn up by
the authority. Directive 2009/71/EURATOM of 25 June 2009 on nuclear safety has
also been implemented by a Ministerial Regulation, and that arrangement also
includes this obligation about PSRs.
Licence holders welcome Peer Review teams with some regularity, such as those
organised within the framework of WANO, or under the auspices of the International
Atomic Energy Agency of the UN, the IAEA. The results of review activities under the
auspices of the IAEA are always evaluated by the authority.

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ARTICLE 6. Competent regulatory authority

This chapter refers to the competent regulatory authority or Regulatory
Body (RB).
Important changes were recently made to this authority. More information
is contained on those changes in the Introduction to this report.
6.0

Text of the Article and introductory comments

Article 6 – Competent regulatory authority
6.1. Each Member State shall establish and maintain a competent regulatory
authority in the field of safety of spent fuel and radioactive waste management.
6.2. Member States shall ensure that the competent regulatory authority is
functionally separate from any other body or organisation concerned with the
promotion or utilisation of nuclear energy or radioactive material, including
electricity production and radioisotope applications, or with the management of
spent fuel and radioactive waste, in order to ensure effective independence from
undue influence on its regulatory function.
6.3. Member States shall ensure that the competent regulatory authority is given
the legal powers and human and financial resources necessary to fulfil its obligations
in connection with the national framework as described in Article 5(1)(b), (c), (d)
and (e).
6.0.a

Introductory comments on recent developments in respect of
the competent regulatory authority

The Introduction to this report outlines the developments which led to the
establishment of the ANVS, the competent regulatory body mandated by the
responsible Minister of I&M. On 1 January 2015, the ANVS started work as a
Directorate of I&M; following approval and entry into effect of the necessary
legislation (April 2016; see section 5.0.a.3), the ANVS will become what is known as
an Independent Non-Departmental Public Body (ZBO), with its own legal authorities.
The Minister of I&M in that situation will bear Ministerial responsibility for a proper
functioning of the ANVS.
For the sake of completeness, it should be noted that according to the Nuclear
Energy Act, there are other ministers and bodies which do have authorities
according to that Act. Those bodies operate within other Ministries, but they have a
far more limited role according to the Nuclear Energy Act than the ANVS, and they
only have a limited number of staff involved in activities governed by the Act.
6.1

Establishment of a regulatory authority

6.1.a

Legal framework within which the authority functions

The legal basis for the supervisory functions of the competent regulatory authority
appears in the Nuclear Energy Act. The mandate of the ANVS is also contained in
Article 20a of the Decree by the Minister of I&M on the awarding of the mandate ,
power of attorney and authority to the Secretary General of the Ministry and the
department heads21.

21

Decision by the Minister of Infrastructure and the Environment dated 5 December 2011, no. IENM/BSK2011/159456 relating to adoption of the organisation by the Ministry of Infrastructure and the Environment and
the awarding of the mandate, power of attorney and authority to the Secretary General and department heads
(Organisation and Mandate Decision Infrastructure and Environment 2012)

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The legal and regulatory framework within which the ANVS operates is contained in
outline in section 5.0 of this report, and in more detail in section 5.1.
See also section 6.3 on the legal authorities of the ANVS.
6.1.b

Organisation of the authority

The competent regulatory authority has mandated the ANVS to implement the tasks
of the authority described elsewhere in this report. The figure below shows the
preliminary organisation of the ANVS as at 1 June 2016.

Organisation Chart ANVS
Board

Department
Nuclear Safety and
Security

Policy and Legal Affairs

Nuclear Installations

Department
Radiation Protection and
Emergency Preparedness
and Response

Department
Governance,
Communication and
Support

Radiation Protection

Governance and

and Waste Policy

Communication

Emergency Preparedness &

Secretariat and Support

Respons and Legal Affairs

Review & Assessment:

Medical and Industrial

Nuclear Technology

Applications

Review and Assessment:
Management & Organization

Transport

Security and Safeguards

Figure 1 Preliminary organisation chart of the ANVS.
At present, the ANVS has three fields of operation: Nuclear Safety and Security,
Radiation Protection and Waste Policy and Governance, Communication and
Support. The ANVS has a staff of currently 122 FTE. In implementing its tasks, the
ANVS can rely on support from various organisations, listed below.
The tasks of the ANVS can be summarised as follows:
• preparing legislation and regulations and policy (including the national
programme);
• awarding licences and the accompanying review & assessment and evaluation
tasks;
• supervision and enforcement; informing interested parties and the public;

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• participating in activities of international organisations;
• maintaining relationships with comparable foreign authorities and national and
international organisations;
• supporting national organisations with the provision of knowledge;
• having research in support of the implementation of its tasks.
6.1.c

Supporting government organisations: RIVM

A number of tasks of the ANVS are entrusted to the National Institute for Public
Health and the Environment (RIVM). These are above all specific tasks relating to
radiation protection, such as nuclear accident prevention, implementing specific
measurements (in the radiation laboratory) and policy support.
The division of the RIVM involved in these radiation tasks is not part of the ANVS,
given the position of the RIVM as an independent and scientific knowledge institute.
The authority maintains solid and long-term ties with the RIVM, and as such is a
‘regular client’ of the RIVM. Framework agreements and protocols have been drawn
up for this purpose. The tasks of the RIVM/Radiation undertaken for the ANVS are
covered by a single RIVM programme. The management of the RIVM programme is
the responsibility of the board of the ANVS.
6.1.d

Organisations for education and training

In the Netherlands, the RID/R3 group at the University of Technology in Delft and
the Nuclear Research & Consultancy Group (NRG) in Petten and Arnhem are the best
known providers of training in nuclear technology, nuclear safety and radiation
protection. They provide educational services to both government and the private
sector.
The ANVS also profits from internationally operating organisations with facilities for
education and training. Examples include the German GRS22, ENSTI (training
institute at ETSON23), IAEA, OECD/NEA and others.
6.1.e

Technical (safety) Support Organisations (TSOs)

The policy at ANVS is to maintain basic competences in house, while other work is
contracted to third parties (such as the RIVM) or to TSOs (such as GRS and Lloyd’s
Register). In those areas where the internal competence is insufficient, or where
specific far-reaching analyses are required, the authority has a budget for insourcing
external specialists, TSOs or other consultancy organisations (such as NRG). Both
GRS and NRG have a framework contract with the ANVS for the provision of
services.
6.2

Independence of the competent regulatory authority

The competent regulatory body is in no way involved in the development of energy
policy. Development of such policy is carried out by the Ministry of Economic Affairs.
The involvement of the authority in nuclear energy is restricted to nuclear safety
and radiation protection and related issues. The authority is transparent in its
decision-making processes, which also positively promote the perception of its
independence. The reporting obligations of the authority contribute to that
transparency.
The Minister of I&M as competent regulatory authority reports to Parliament on
nuclear safety, radiation protection, management of radioactive waste and other
issues subject to the Nuclear Energy Act. Results of important studies undertaken
under the auspices of the authority are also published in this way. In addition,

22
23

Gesellschaft Für Reaktorsicherheit, GRS
European Technical Safety Organisation Network, ETSON

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Parliament can call upon the Minister to inform Parliament on issues considered
relevant by its members.
The competent regulatory body manages no radioactive waste and no spent fuel.
The management of these substances lies with licence holders, whereas COVRA is
responsible for the long-term management of these materials. The ANVS supervises
the activities of all these licence holders.
As described in the Introduction to this report, the ANVS is currently a directorate of
the Ministry of I&M and has been mandated to implement the tasks of the
competent regulatory authority. It was also described elsewhere that the plan is for
the ANVS to become and Independent Non-Departmental Public Body (ZBO) with its
own statutory authorities. In April 2016 the House of Representatives as well as the
Senate approved the Bill24, it is envisaged that in 2017 the ANVS will operate as a
legally Independent Non-Departmental Public Body (in Dutch ZBO) with its own
authorities, following implementation of the Bill to amend current legislation25.
6.3

Legal authorities and human and financial resources of the
competent regulatory authority

6.3.a

Legal authorities

The statutory basis for the activities of the competent regulatory body appears in
the Nuclear Energy Act. The tasks and authorities of the authority are laid down in
underlying regulations.
The correct management of the process of licensing according to the Nuclear Energy
Act has been mandated to the ANVS. For more information see section 5.1.c.2. The
authority also formulates additional licensing conditions, at licence level, that apply
alongside the rules generally applicable according to the Nuclear Energy Act. See
section 5.1.c.3 and elsewhere.
Licences may have to be amended thanks to initiatives by licence holders, or as a
result of new insights that force the authority to make changes. See section 5.1.c.4
and elsewhere.
Via enforcement procedures, if serious shortcomings are observed at a licence
holder, the authority can take any measure considered necessary by the authority in
that situation. See section 5.1.e and elsewhere.
6.3.b

Human resources

The ANVS operates a regular planning and control cycle. In this cycle, the tasks to
be undertaken are planned, taking account of the staffing levels available, while
priorities are set when and wherever necessary. Over the past few years, the staff of
the ANVS has been extended by 20 FTE. At present, the ANVS has a staff of
currently 122 FTE.
The sufficiency of staffing levels for the establishment of the ANVS was evaluated in
the framework of the IRRS mission and will be re-evaluated in 2016.
As shown in sections 6.1.c, 6.1.d and 6.1.e, the authority can where necessary rely
on supporting organisations such as the RIVM, GRS, NRG and Lloyd’s Register.

24

House of Representatives, session year 2014 – 2015, 34 219, no. 2 ‘Amendment to the Nuclear Energy Act in
connection with the appointment of the Authority for Nuclear Safety and Radiation Protection – No. 2 White Paper’
25
See ARTICLE 1a of the Framework Act on Non-Departmental Public Bodies: “independent non-departmental public
body: a body of central government which in law, according to the law, in a Ministerial Decree or according to the
law by Ministerial Decision is entrusted with public authority and is not hierarchically subordinate to a Minister”
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6.3.c

Financial resources

The competent regulatory authority has sufficient financial resources to fund its staff
and to contract TSO services and education and training. Office space and ICT
infrastructure and services are provided by the Ministry of I&M.

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ARTICLE 7. Licence holders

This chapter describes how the Netherlands ensures that the prime
responsibility for the safety of the management of spent fuel and
radioactive waste lies with the licence holders.
7.0

Text of the Article

Article 7 – Licence holders
7.1. Member States shall ensure that the prime responsibility for the safety of spent
fuel and radioactive waste management facilities and/or activities rest with the
licence holder. That responsibility cannot be delegated
7.2. Member States shall ensure that the national framework in place require licence
holders, under the regulatory control of the competent regulatory authority, to
regularly assess, verify and continuously improve, as far as is reasonably
achievable, the safety of the radioactive waste and spent fuel management facility
or activity in a systematic and verifiable manner. This shall be achieved through an
appropriate safety assessment, other arguments and evidence.
7.3. As part of the licensing of a facility or activity the safety demonstration shall
cover the development and operation of an activity and the development, operation
and decommissioning of a facility or closure of a disposal facility as well as the postclosure phase of a disposal facility. The extent of the safety demonstration shall be
commensurate with the complexity of the operation and the magnitude of the
hazards associated with the radioactive waste and spent fuel, and the facility or
activity. The licensing process shall contribute to safety in the facility or activity
during normal operating conditions, anticipated operational occurrences and design
basis accidents. It shall provide the required assurance of safety in the facility or
activity. Measures shall be in place to prevent accidents and mitigate the
consequences of accidents, including verification of physical barriers and the licence
holder’s administrative protection procedures that would have to fail before workers
and the general public would be significantly affected by ionising radiation. That
approach shall identify and reduce uncertainties.
7.4. Member States shall ensure that the national framework require licence holders
to establish and implement integrated management systems, including quality
assurance, which give due priority for overall management of spent fuel and
radioactive waste to safety and are regularly verified by the competent regulatory
authority.
7.5. Member States shall ensure that the national framework require licence holders
to provide for and maintain adequate financial and human resources to fulfil their
obligations with respect to the safety of spent fuel and radioactive waste
management as laid down in paragraphs 1 to 4.
7.1

Guarantees that prime responsibility for the safe management
of spent fuel and radioactive waste lies with the licence holder

The Netherlands has implemented Directive 2009/71/EURATOM. The responsibility
of the licence holder emerges from the principles of the Dutch legal system,
including the Nuclear Energy Act and underlying regulations, and the obligations
referred to therein for the licence holder. This is explained further below.
Nuclear Energy Act
The Nuclear Energy Act contains a number of articles relating to criteria, interests
and circumstances that must be complied with in order to be able to grant a licence.
Article 70 of the Nuclear Energy Act specifies that a licence issued according to this
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Act is personal. This engenders guarantees for the necessary expertise and reliability
in relation to safety. Reliability in relation to safety can also be related to financial
solvency.
The responsibilities accompanying a licence can only be transferred to another
person with permission from the responsible Minister. Conditions may be imposed
on the transfer of the licence to a third party. This enables the Minister to assess
whether the potential new licence holder meets the same standards as the previous
licence holder.
Radiation Protection Decree
A further elaboration can also be found in the Radiation Protection Decree (Bs), as in
Article 5, in which the licence holder is required to keep exposure of the population
as a result of its activities as low as reasonably achievable. There are many
regulations in the Bs that specify "The operator ensures that ..... ". The Bs also
includes requirements in respect of the competence of the operator or licence
holder.
Radioactive waste policy
As already outlined in the Introduction to this report, the radioactive waste policy
ties in with the policy in respect of conventional waste. In that policy, responsibility
for the sound management of the waste flows is placed primarily with the waste
generator. The same applies for the management of spent fuel and radioactive
waste.
Ministerial regulation concerning nuclear safety, in implementation of European
Directive no. 2009/71
This regulation26 relates to the implementation of the Directive no. 2009/71 of the
European Council, in adopting a community framework for nuclear safety of nuclear
installations. In particular Article 2.1 of the regulation emphasises the central role of
the licence holder in guaranteeing safety.
7.2

Guarantees of regular evaluation of the safety and continuous
improvement of the safety

In section 5.1.b of this report the national regulations for the safe management of
spent fuel and radioactive waste are already explained. Section 5.1.c also explains
the related licensing system. Appropriate control and enforcement by government
are discussed in sections and 5.1.e.
The licences contain conditions that require the licence holder to regularly evaluate
the nuclear safety and radiation protection, and to report on those issues to the
ANVS. Nuclear installations must have an adequate management system among
others describing verification procedures. There is also a Nuclear Safety Rule NVR
GS-R-3 which formulates these requirements in general terms.
For installations for the generation of nuclear energy, the production, processing or
reprocessing of spent fuels or the storage of spent fuels, there is a generally
applicable Ministerial Regulation27 that among others requires a periodic safety
evaluation.
In the Netherlands, for decades the implementation of extensive periodic safety
evaluations by licence holders has been standard practice, and this practice preexists the abovementioned regulations. In these evaluations, determining and
probability techniques are employed. The subjects of study include the technical,
26

Regulation from the Minister Economic Affairs, Agriculture and Innovation and he Secretary of State for Social
Affairs and Employment dated 18 July 2011, no. WJZ/11014550, concerning the implementation of Directive no.
2009/71/Euratom of the Council of the European Union dated 25 June 2009 in adoption of Community Framework
for Nuclear Safety of Nuclear installations (OJEU L 172/18) (Temporary regulation for the implementation of
Directive no. 2009/71/Euratom on nuclear safety)
27
Regulation in implementation of Directive no. 2009/71/Euratom on nuclear safety
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operational, human and organisational arrangements in relation to safety and
radiation protection. In the evaluations, findings are also included from international
peer review missions that visit the installations with some regularity. In the past,
evaluations have contributed to decision making on the implementation of
modifications in installations and adaptations to the operational procedures.
COVRA undergoes very extensive safety evaluations on a five-yearly and ten-yearly
cycle. The nuclear power plant in Borssele undergoes very extensive safety
evaluations every ten years, and more limited evaluations every two years, in which
the applicable basis for the licence is assessed. For detailed information about safety
evaluations at the nuclear power plant, among other documents, consult the
report28 from the Netherlands for Directive 2009/71/EURATOM.
7.3

Demonstration of the safety of a facility or activity during the
entire lifecycle

Section 5.1.c of this report explains the applicable system of licensing. Appropriate
control and enforcement by the government are discussed in 5.1.d and 5.1.e.
The Nuclear Energy Act (Article 15b) specifies that a licence is needed for the
construction, operation and dismantling of nuclear installations – in other words, at
the start of each phase in the entire lifecycle. Licence applications include extensive
safety evaluations and the accompanying documentation. In these safety analyses,
attention is focused on organisational and technical arrangements that are aimed at
preventing accidents and mitigating the consequences of accidents.
The obligation to carry out periodic safety evaluations as described in section 7.2
helps ensure that during the entire lifecycle, the safety of a facility is regularly
demonstrated.
For nuclear power plants and research reactors, additional regulations apply that
compulsorily require the establishment of a dismantling plan and financial security
(for dismantling).
7.4

Guarantees that licence holders adopt and employ management
systems

The Ministerial Regulation on nuclear safety in implementation of European Directive
no. 2009/71, specifies in Article 5 that the licence holder must ensure that the
management systems of the nuclear installation are drawn up and implemented in
such a way that sufficient priority is given to nuclear safety.
Nuclear Safety Rule NVR GS-R-3 ‘The Management System for Facilities and
Activities’ requires that every licence holder adopts and employs a management
system in which priority is given to safety. The requirements in the NVR apply to all
nuclear facilities.
In the licences for installations, reference is also made to additional NVRs with more
detailed requirements on the management system, adapted to what is necessary for
those facilities.
In addition to the above, COVRA has already implemented industrial standard NENISO 9000 – 9004.
The Integrated Management System at COVRA is part of the COVRA licence and
therefore can be assessed by the competent regulatory authority. By way of
illustration, the content of the management system at COVRA is discussed below.

28

See section 6.2 and Annex 3 of the national rapport: “Report to the European Commission on the implementation
of Council Directive 2009/71/EURATOM – First National Report of the Kingdom of the Netherlands as required
under Article 9.1”
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Integrated Management System (IMS) at COVRA
The heart of the management system IMS is the ‘Integrated Management System
Manual’. This IMS Manual includes:
•
•
•
•

Policy rules;
The values and expectations of senior management;
Description of the organisation;
Description of how the management system complies with the requirements
imposed;
• Description of the operating processes and background information on how work
is prepared, implemented, evaluated, recorded, assessed and improved.
7.5

Requiring licence holders to provide for and maintain adequate
financial and human resources

7.5.a

Adequate financial resources

Nuclear Safety Rule NVR-GS-R-3 ‘The Management System for Facilities and
Activities’ requires of the management of the organisation that it makes available
those resources needed for correctly implementing the activities of the organisation.
Resources also include the financial resources.
The Ministerial Regulation on nuclear safety in implementation of European Directive
no. 2009/71, specifies in Article 7 that the licence holder must have sufficient
financial and human resources to comply with the obligations in respect of nuclear
safety of the nuclear installation under its authority.
One of the principles of the national policy for the management of spent fuel and
radioactive waste is ‘the polluter pays’. All costs arising from radioactive waste
management must therefore be borne by the waste generator.
There are different financial schemes between COVRA and the waste generators that
make possible the financing of the tasks of COVRA in respect of the management of
spent fuel and radioactive waste.
For the transfer of low level and intermediate level radioactive waste to COVRA, lists
of charges are used. Standard waste packaging is used, and with this type of waste,
COVRA is paid for each waste package received. The charges already include the
fact that in principle the waste will be placed in a disposal facility after at least 100
years aboveground storage.
In respect of the management of spent fuel and high level radioactive waste, the
operators of nuclear power plants and research reactors have jointly decided to build
a special storage facility, the HABOG. This building was commissioned on the COVRA
site in 2003. Both the construction costs and the operating costs are borne by the
waste generators.
The charges employed by COVRA are corrected annually by the price index. Every
five years, however, the charge structure is evaluated to determine whether
structural adjustments are needed.
Because for the time being definitive disposal has been envisaged following a long
period of aboveground storage, the cost estimate for the construction and operation
of a national disposal facility is being updated within the OPERA research
programme. The funds available to and supplemented by COVRA for final disposal
are managed by COVRA in a separate fund, on an account held by the Ministry of
Finance.
7.5.b

Human resources

The Nuclear Energy Act specifies that a licence application must contain an estimate
of the number of staff required, and information about their tasks, responsibilities

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and where applicable qualifications. The Radiation Protection Decree also imposes
requirements on the competence of the staff.
The previously mentioned NVR-GS-R-3 safety rule ‘The Management System for
Facilities and Activities’ requires from the management of the organisation that it
makes the resources available needed for correctly implementing the activities of
the organisation. In NVR-GS-R-3, members of staff are included among the
Resources, together with such elements as infrastructure, working environment,
information, knowledge and material and financial resources.
With any licence application, the applicant must submit a training and education
plan to the competent regulatory authority.
Operational practice at COVRA
The above referred to requirements also apply to COVRA and its facilities for the
management of spent fuel and radioactive waste. COVRA has drawn up a Staff
Qualification Plan that is part of the generic ‘Integrated Management System’. This
plan describes the numerous aspects of human resources such as responsibilities,
lines of communication, interfaces between various levels in the organisation, the
required level of expertise and the requirements in terms of education and training.
An elaborated training plan ensures that sufficient numbers of trained personnel
with sufficient expertise are always available.
Any change to the organisation, for example to the management, must be reported
to the authorities.

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ARTICLE 8. Expertise and skills

This chapter describes how the Netherlands ensures that all parties make
arrangements for complying with the requirements contained in Article 8 of
the Directive.
8.0

Text of the Article

Article 8 – Expertise and skills
Member States shall ensure that the national framework require all parties to make
arrangements for education and training for their staff, as well as research and
development activities to cover the needs of the national programme for spent fuel
and radioactive waste management in order to obtain, maintain and to further
develop necessary expertise and skills.
8.1

Expertise and skills of the licence holders

The Nuclear Energy Act specifies that a licence application must contain an estimate
of the number of members of staff required, together with information about their
tasks, responsibilities and where applicable their qualifications. The Radiation
Protection Decree also imposes requirements on the competence of personnel of
licence holders, in particular in Articles 9 through to 12 of this Decree. See also
section 7.5.b of this report.
The Ministerial Regulation on nuclear safety, in implementation of European
Directive no. 2009/71, specifies in Article 6 that the licence holder must have a
training plan for education and training of the staff, with a view to the nuclear safety
of the nuclear installations under its management.
COVRA has drawn up a Staff Qualification Plan that is part of the generic ‘Integrated
Management System’. For more details see section 7.5 of this report.
The Borssele nuclear power plant has a very extensive system of qualification and
training for its staff. See among other documents the report29 from the Netherlands
for Directive 2009/71/EURATOM dated July 2014.
8.2

Expertise and skills at the ANVS

The expertise of the ANVS covers a range of disciplines including radiation
protection, nuclear safety, safety evaluations, security, non-proliferation,
contingency planning, legislation and licensing.
Wherever necessary, the ANVS provides tailor-made training to its staff. Possibilities
have been identified in the Netherlands and abroad, as outlined for example in
section 6.1.d of this report. Wherever necessary, the authority can seek support in
its tasks from external organisations, see among others sections 6.1.c and 6.1.e of
this report.
In addition to training in regular or tailor-made courses, staff participate in
international workshops, conferences and visits to foreign competent regulatory
authorities. There is also information exchange via the international networks of
among others OECD/NEA, IAEA and the EU.

29

See section 7.1 of the national report: “Report to the European Commission on the implementation of Council
Directive 2009/71/EURATOM – First National Report of the Kingdom of the Netherlands as required under Article
9.1”
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8.3

Activities for complying with the National Programme

The Research Programme Disposal of Radioactive Waste (OPERA) is currently
underway. The majority of the study results from this programme are expected in
2016. However, the national programme must be submitted to the European
Commission at an earlier date and will only be able to make use of the results
available at that time.
The OPERA programme is coordinated by COVRA. The programme has been financed
50-50 by government and the nuclear sector. With the implementation of the
directive, COVRA is obliged to finance the costs incurred for research and
development for the management of radioactive waste and spent fuel by charging
on these costs via its standard charges.
Before the OPERA research programme was initiated, there have been other
multiyear research programmes. The Netherlands has a history of research into
definitive disposal, over a number of decades.

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ARTICLE 9. Financial resources

The national framework in the Netherlands provides for sufficient financial
resources for implementation of the National Programme.
9.0

Text of the Article

Article 9 – Financial resources
Member States shall ensure that the national framework require that adequate
financial resources be available when needed for the implementation of national
programmes referred to in Article 11, especially for the management of spent fuel
and radioactive waste, taking due account of the responsibility of spent fuel and
radioactive waste generators.
9.1

Implementation of Article 9

9.1.a

Financial resources for the management of spent fuel and
radioactive waste

In Dutch policy, the waste generators are required to bear the costs for the
management of spent fuel and radioactive waste.
The Dutch policy on radioactive waste assumes the aboveground storage of the
radioactive waste for a period of at least 100 years, at which point, around 2130,
deep underground disposal is envisaged. The definitive decision on this issue will not
be taken until around 2100.
The period of time in advance of geological disposal is used to grow the savings for
the aboveground storage and final disposal.
Given the relatively small volumes of radioactive waste and the high costs for
geological disposal, at present the policy assumes a single disposal facility for low
and intermediate level radioactive waste and high level radioactive waste.
COVRA is the body that reserves and manages the financial resources for both longterm aboveground storage and for implementation of (geological) disposal of the
waste. At present, COVRA also has a coordinating task in terms of research (and its
financing) into disposal. Via schemes between COVRA and the waste generators, the
necessary financial resources for these activities are collected by COVRA.
The details of the financial schemes between the waste generators and COVRA have
already been described in section 7.5.a of this report.
The disposal research programme OPERA is coordinated by COVRA. This programme
has been financed 50-50 by government and the nuclear sector. With the
implementation of the directive, COVRA is obliged to finance the costs incurred for
research and development for the management of radioactive waste and spent fuel
by charging on these costs via its standard charges.
9.1.b

Financial resources for dismantling nuclear installations

The Netherlands has established arrangements that require nuclear power stations
and research reactors to have a dismantling plan and financial security (Nuclear
Energy Act, Article 15f). The financial security must be approved by the Ministers of
Infrastructure and the Environment and Finance. The financial security guarantees
that even in the event of unexpected closure of business, sufficient financial
resources are available for the responsible dismantling of the installations.

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9.1.c

Financial resources for other activities

For operators working with large volumes of scrap or highly active sources, there
are statutory obligations for securing the management of these potential waste
flows.
At the research location in Petten, a volume of historical radioactive waste is still
present, that predates the establishment of COVRA. The costs for the disposal of this
waste are for the account of the owner, the Energieonderzoekscentrum Nederland
(ECN). These costs include adapting installations to make them suitable for
repackaging the waste for transport, transport to third parties and treatment of the
waste at third parties, transport to COVRA and the costs charged by COVRA for the
storage and disposal of the waste.

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ARTICLE 10. Transparency

This chapter describes how the Netherlands complies with the
requirements in Article 10 of the Directive concerning transparency to
workers and the general public.
10.0

Text of Article

Article 10 - Transparency
10.1. Member States shall ensure that necessary information on the management of
spent fuel and radioactive waste be made available to workers and the general
public. This obligation includes ensuring that the competent regulatory authority
inform the public in the fields of its competence. Information shall be made available
to the public in accordance with national legislation and international obligations,
provided that this does not jeopardise other interests such as, inter alia, security,
recognised in national legislation or international obligations.
10.2. Member States shall ensure that the public be given the necessary
opportunities to participate effectively in the decision- making process regarding
spent fuel and radioactive waste management in accordance with national legislation
and international obligations.
10.1

Implementation

10.1.a

Provision of information to the public and employees

The General Administrative Law Act (Awb) is a piece of legislation that among other
things regulates the involvement of the public in the (licensing) procedures and the
publication of information on decisions and decrees. See section 5.1.g of this report
where this is described.
There is also a Publication Act that lays down requirements for the publication of
new regulations. All new regulations are published on the Internet and in the
Bulletin of Acts and Decrees and in the Government Gazette, following ratification by
Parliament. Ministries can also make their own additional arrangements to improve
the accessibility of their regulations.
The Dutch Government Information (Public Access) Act (Wob) specifies that
information managed by public bodies is in principle open to the public. Exceptions
are listed in Article 10 of the Wob, and relate to such issues as ‘State Security’ and
confidential commercial information. The Wob specifies that authorities must make
information public, unsolicited, because this is in the interests of good democratic
government. According to Article 3 of the Wob, any individual may request
information about an administrative issue. This information may be contained in
documents in the possession of public bodies or businesses carrying out work on
behalf of those public bodies.
The Minister of Infrastructure and the Environment bears Ministerial responsibility
for the ANVS and reports to Parliament. Everything reported in Parliament is
immediately available on the government website www.overheid.nl and is therefore
available to any interested party.
International reports, such as this report for the Directive, the national programme
and the report for the Joint Convention30, are made available to any interested party
via reporting to Parliament.

30

In full: ‘Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste
Management’
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10.1.b

Communication strategy of the competent regulatory authority

General
Communication by the competent regulatory authority fulfils the statutory
requirements as described in section 10.1.a.
The ANVS has been mandated to implement the tasks of the authority. The ANVS is
transparent in its communication about its decisions; decisions and background
information relating to its activities are published on its website. This website is
available in both Dutch and English.
The website of the ANVS31 also provides an insight into the organisation structure of
the ANVS.
Use of language
The ANVS is aware of the different backgrounds of informed groups and the public.
Ministries and the ANVS often publish both easy-to-ready press releases and
detailed reports. For certain international reports, details and summarised versions
are available (in Dutch). The majority of information addressed to the Dutch public
(general public, employees of public bodies, Parliament, etc.) is published in Dutch.
The national programme and this report are also published in Dutch. Information
intended for more informed groups (experts) and colleagues in other countries is
often published in English.
Frequency of updating the information
Information about laws, regulations, licences and related decisions is published on
the government site as soon as it becomes available. In other words, this
information is constantly kept up to date.
The start of licensing procedures and the related information meetings are
announced in good time in major newspapers and on the Internet.
Every incident to be reported is also published on the Internet. An annual report is
also submitted to the Parliament containing an overview of registered incidents at
nuclear installations.
Information provision in emergencies
The Nuclear Energy Act (Article 43) provides for the issuing of information to
members of the public who could be affected by a nuclear accident. In line with the
responsibility for the response in emergency situations from the government, the
government is also responsible for information provision. In such situations,
information provision will be undertaken in close collaboration with local
governments in the threatened or affected area.
If there is a threat of an emergency situation that requires national coordination and
the intervention of different Ministries, the so-called National Crisis Centre (NCC) will
swing into action and establish a national crisis communication centre.
The government websites contain information about the subject ‘crisis’. Information
can be found on many aspects of nuclear incidents. Another section of the
government websites is only available during a crisis and then for example will
contain a detailed list of questions and answers.
Handling non-publishable information
As is the case with all public bodies, the ANVS does comply with the requirements of
the Wob. In Article 10, the Wob offers a number of exceptions to public access to
government information, as described in section 10.1.a.

31

http://english.autoriteitnvs.nl/

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10.1.c

Participation by the public in decision making

Participation by interested parties via public consultation during the licensing
process is laid down in the already mentioned Awb Act. Participation is also
compulsory in the procedures of an environmental impact report. The environmental
impact report procedure includes meetings where the licence holder, the authority
(ANVS) and the public participate. The public can present its views on proposed
decisions, and the competent body will respond in its rulings. There are
opportunities for individual citizens to appeal, if they disagree with a decision.
In drawing up regulations, public participation is effectively indirectly achieved via
Parliament.
As concerns the management of spent fuel and radioactive waste, via the
procedures, the public is able to participate in the decision-making processes
involving licensing for installations in which spent fuel and/or radioactive waste are
maintained.
Current policy does not envisage definitive disposal in the short term; furthermore,
as yet no location has been chosen. A decision is not envisaged until around the
year 2100. At present, there is therefore no specific licensing procedure for a
disposal facility.
For more information about decision making on disposal and public involvement in
that process, see chapter 6 of the national programme.

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ARTICLE 11. National programmes

This chapter discusses implementation by the Netherlands of the national
programme for the management of spent fuel and radioactive waste.
In accordance with Recommendations from ENSREG, the status of
implementation in respect of Articles 12.1 a, b, d - k appear in this chapter,
in the section relating to Article 11.1.
11.0

Text of Article

Article 11 – National programmes
11.1. Each Member State shall ensure the implementation of its national
programme for the management of spent fuel and radioactive waste (‘national
programme’), covering all types of spent fuel and radioactive waste under its
jurisdiction and all stages of spent fuel and radioactive waste management from
generation to disposal
11.2. Each Member State shall regularly review and update its national programme,
taking into account technical and scientific progress as appropriate as well as
recommendations, lessons learned and good practices from peer reviews.
11.1

Ensuring implementation of the national programme

11.1.a

National programme submitted to the Commission

The Netherlands must submit a national programme to the Commission, and will
also make this document available to the public, via various means. The national
programme describes the policy on spent fuel and radioactive waste and how all
stages of spent fuel and radioactive waste management are organised, in practice.
The legal framework for the management of spent fuel and radioactive waste
appears in section 5.0.a of this report.
11.1.b

Progress in implementation of the National programme

The progress of implementation is described below in respect of Article 12 sub a, b
and d through to k. The basis for dealing with the sub articles is above all contained
in the national programme for the Netherlands.
12.1.a. the overall objectives of the Member States’ national policy in respect of
radioactive waste and spent fuel management
The overall objectives of the policy appear among others in the Introduction to this
report and in part B (chapter 4) of the national programme. These objectives have
been achieved. They are discussed in outline below.
The policy on radiation protection is aimed at protecting man and the environment
against the risks of exposure to ionising radiation. This policy remains fully in force
in the Netherlands, and is applicable to the management of spent fuel and
radioactive waste.
The policy is also aimed at minimising waste flows. Prevention of waste generation
and encouraging reuse are successful policy instruments. The prices set by COVRA
for all types of radioactive waste tie in with in with this policy, and help to make it a
success. Decay storage is an instrument currently being studied, relating to storage
at COVRA for a period of 25 years. During decay storage, materials can decay to
below the release threshold, and then be removed as non-radioactive waste.

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Safe management now and in the future – storage and disposal is another element
of the policy. The Netherlands has established central facilities at COVRA for the
storage of spent fuel and radioactive waste. Safe management for the distant future
with definitive disposal is also part of the policy. New supplementary policy permits
a dual strategy with both the possibility of realising a national disposal facility and
the possibility of international collaboration in the field of the management of
radioactive waste (including disposal).
Safe management now and in the future – retrievability is another part of the policy.
12.1.b. the most significant milestones and clear timetables for the achievement of
those milestones in light of the overarching objectives of the national programmes
The most important milestones and their timetable appear in the document of the
national programme in paragraphs 7.1 and 7.2. A number of important issues from
that document include:
Defining criteria for the start of the first environmental impact report: the potential
environmental effects of disposal must be considered in the decision making, and
this will take place in the future in the form of an environmental impact report. The
definition of criteria is planned for 2030.
Reporting on the implementation of the national programme; a report must be
submitted in a three-yearly cycle to the Commission, in the form of a national
report; this report is the first to be submitted to the Commission.
The national programme is updated every ten years; the first version of the
programme will be submitted to the Commission together with this report.
Drawing up a waste inventory: in the progress report on the national programme (in
the national report), a waste inventory must be included. COVRA will draw up the
waste inventory. This will be updated every three years.
Appointing a sounding board group with broad relevant expertise and establishing a
system in which the implementation of a trend analysis is laid down: the group will
advise on all aspects of policy on radioactive waste and in that way help to ensure
the progress of the programme. Planned to be implemented at the end of 2016.
Closure of the Borssele nuclear power plant: closure of the only nuclear power plant
still operational in the Netherlands is planned for 2033. The plant is the largest
source of high level radioactive waste in the Netherlands.
Receipt of last waste from reprocessing of spent fuel in the Netherlands: is
envisaged at the latest in 2052.
End of period of aboveground storage at COVRA: The buildings at COVRA are
suitable for the safe storage of waste for the next 100 years; periodical maintenance
of the buildings can expand this period. After that period, a decision will have to be
taken on the follow-up process.
Decision on disposal: COVRA envisages aboveground storage for at least 100 years.
If a disposal facility has to be realised by around 2130, the decision making on that
issue will have be concluded by around the year 2100.
12.1.d. the concepts, plans and technical solutions for spent fuel and radioactive
waste management, from generation to disposal
The concepts and solutions for management appear in the document of the national
programme in section 4.3. The outlines are also reproduced in this national report.
Below, the concepts, plans and technical solutions are once again described in brief.

The Netherlands has opted for a single central organisation for the management of
all spent fuel and radioactive waste, at a single location. That is COVRA. The
aboveground storage buildings at COVRA comply with all applicable regulations on
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nuclear safety and radiation protection. The policy assumes disposal of all
radioactive waste after at least 100 years aboveground storage (approximately in
2130), but decision making is not envisaged until the year 2100. For that reason, no
definitive choice has been made for a design or location of the disposal facility.
12.1.e. the concepts or plans for the post-closure period of a disposal facility’s
lifetime, including the period during which appropriate controls are retained and the
means to be employed to preserve knowledge of that facility in the longer term
The policy assumes taking a decision around the year 2100. The policy also assumes
a period of retrievability in disposal. According to studies, retrievability should be
possible for a period of up to several hundred years.
12.1.f. the research, development and demonstration activities that are needed in
order to implement solutions for the management of spent fuel and radioactive
waste
The Netherlands has a history of several national research programmes into
disposal. Two programmes from the past were OPLA32 (1985 – 1993) and CORA33
(1996 – 2000). The current five-year national research programme is entitled
OPERA, and is expected to publish the majority of its results in 2016. In the past,
Dutch researchers participated in experiments in Germany (in salt formations). At
present there is collaboration in underground facilities in Belgium (clay).
12.1.g. the responsibility for the implementation of the national programme and the
key performance indicators to monitor progress towards implementation
The design of policy and regulations in the national programme is the responsibility
of the ANVS, mandated by the minister of I&M. The research component (the OPERA
programme) has been delegated to COVRA, that is responsible for the project-based
implementation of research work within the OPERA programme.
The three performance indicators below show the current status of progress of the
national programme.
Financing – the available sum for disposal must be sufficient for the preparation,
construction, operation and closure of the disposal facilities.
Status of action points / milestones – these are summarised in point 12.1.b and
must be implemented in good time.
Capacity of COVRA – the storage capacity at COVRA must be sufficient for the
expected volume of radioactive waste in the Netherlands.
12.1.h. an assessment of the national programme costs and the underlying basis
and hypotheses for the assessment, which must include a profile over time
The largest future cost item for the national programme is realisation of a national
disposal facility after at least 100 years of aboveground storage of spent fuel and
radioactive waste at COVRA. The applicable financing arrangements are discussed in
12.1.i below. In the past, cost estimates were made for this option. These estimates
will be updated in OPERA.
The dual policy also opens up the option of a multinational disposal facility, see point
12.1.a above. In this option, the costs for the Netherlands are expected to be lower.
12.1.i. the financing scheme(s) in force
There are adequate financing schemes for the management now and in the future of
spent fuel and radioactive waste. See also sections 9.1.a and 7.5.a of this report.
For the financing of the research into disposal, see section 9.1.a of this report.

32
33

OPLA: OPberging te Land (Land-based storage)
CORA: Commissie Opberging Radioactief Afval (Commission for the Storage of Radioactive Waste)
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There are adequate financing schemes for the dismantling of nuclear installations,
see section 9.1.b of this report.
12.1.j. a transparency policy or process as referred to in Article 10
This national report discusses transparency under ARTICLE 10 as well as how
transparency is anchored in legislation and regulations in the communication policy
of the ANVS. COVRA, an important partner to the national programme, operates a
transparency policy in which communication with the public is very proactive.
12.1.k. if any, the agreement(s) concluded with a Member State or a third country
on management of spent fuel or radioactive waste, including on the use of disposal
facilities
In 2012, a treaty was signed by the Republic of France and the Kingdom of the
Netherlands that regulates the receipt and reprocessing by Areva NC in France of
Dutch spent fuel and the return to the Netherlands of the radioactive residues from
reprocessing.
11.2

Regular updating of the national programme

The Netherlands will update its national programme at least once every ten years.
This complies with the regulations of the Directive.

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ARTICLE 12. Contents of the national programmes

This chapter reproduces the text of Article 12 of the Directive, but does not
discuss in detail compliance:
• In accordance with Recommendations from ENSREG, the status of
implementation in respect of 12.1 a, b, d - k appears in Article 11 of this
document.
• In accordance with the Recommendations from ENSREG, the waste
inventory is discussed under Article 12 (12.1.c) together with an
overview of the documentation that belongs with the separately
published national programme.
12.0

Text of Article

Article 12 – Contents of the national programmes
12.1. The national programmes shall set out how the Member States intend to
implement their national policies referred to in Article 4 for the responsible and safe
management of spent fuel and radioactive waste to secure the aims of this
Directive, and shall include all of the following:
a. the overall objectives of the Member State’s national policy in respect of spent
fuel and radioactive waste management;
b. the significant milestones and clear timeframes for the achievement of those
milestones in light of the over- arching objectives of the national programme;
c. an inventory of all spent fuel and radioactive waste and estimates for future
quantities, including those from decommissioning, clearly indicating the location and
amount of the radioactive waste and spent fuel in accordance with appropriate
classification of the radioactive waste;
d. the concepts or plans and technical solutions for spent fuel and radioactive waste
management from generation to disposal;
e. the concepts or plans for the post-closure period of a disposal facility’s lifetime,
including the period during which appropriate controls are retained and the means to
be employed to preserve knowledge of that facility in the longer term;
f. the research, development and demonstration activities that are needed in order
to implement solutions for the management of spent fuel and radioactive waste;
g. the responsibility for the implementation of the national programme and the key
performance indicators to monitor progress towards implementation;
h. an assessment of the national programme costs and the underlying basis and
hypotheses for that assessment, which must include a profile over time;
i. the financing scheme(s) in force;
j. a transparency policy or process as referred to in Article 10;
k. if any, the agreement(s) concluded with a Member State or a third country on
management of spent fuel or radioactive waste, including on the use of disposal
facilities.
12.2. The national programme together with the national policy may be contained in
a single document or in a number of documents.

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12.1

Inventory of all spent fuel and radioactive waste

The waste inventory appears in the national programme and is summarised in the
Annex to this report.
12.2

National programme

The national programme is published separately to this national report and among
other things describes the national policy in respect of the management of spent fuel
and radioactive waste. It will be published as a single document, without separate
annexes. Background documents on which the national programme is based are not
part of the national programme.

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Annex

Waste inventory

A.1 Introduction
The waste inventory and the background to that inventory appear in the national
programme document and elsewhere. The background is briefly explained below.
Broadly speaking, it can be argued that the IAEA- categories High Level Waste
(HLW) and Intermediate Level Waste (ILW) match the Dutch category ‘Hoog
Radioactief Afval’ (HRA) and the IAEA categories Low Level Waste (LLW) and Very
Low Level Waste (VLLW) match the Dutch category ‘Laag en Middel Radioactief
Afval’ (LMRA).
In the Netherlands, so-called NORM waste (Naturally Occurring Radioactive Material)
is identified as a separate category from LMRA. The report below refers to LMRA
excluding NORM waste.
A.2. Current volumes of spent fuel and radioactive waste
The volumes stored at COVRA as at 31 December 2013 were:
HRA

86 m3

Present as spent fuel, consumed
uranium targets for isotope production
and other HRA
LMRA (excluding NORM)

11000 m3

NORM

17000 m3

A.3. Development of the volume of stored spent fuel and radioactive waste
The trends below are based on interviews with waste generators, date from
dismantling plans and extrapolation from the current supply of radioactive waste.
The estimate is also based on the current exemption and release standards. If these
standards change, this could have consequences for the estimated volume.
HRA
The volume of HRA in 2130 is estimated at 400 m3 (see Figure 2). Of this total,
almost two thirds will be non-heat producing waste with more than one third heat
producing.
One uncertainty that affects the volume of HRA is the presence of operational
nuclear installations in the Netherlands. In drawing up the inventory, account was
taken of the closure of the nuclear power plant in Borssele in 2033 and dismantling
in the subsequent decades, and the construction of a research reactor in Petten
(Pallas). Following closure and decommissioning of the Borssele nuclear power plant,
the supply of HRA will fall considerably.

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Non-heat producing waste (m3)
heat producing waste (m3)

Figure 2 Development of the volume of HRA through to 2130

LMRA
The volume of LMRA in 2130 is estimated at 70,000 m3 (see Figure 3). Of this total,
approximately two thirds will decay over the next one hundred years to below the
release thresholds. Decayed waste can be disposed of as conventional waste, and
need not be placed in the disposal facility.

LMRA (thousand m3)

Figure 3 Development of the volume of LMRA through to 2130

NORM
The volume of NORM waste in 2130 is estimated at 158,000 m3 (see Figure 4).
Because of these large volumes, minor changes to legislation and regulations could
result in major fluctuations in the volume of NORM waste. Current production is
extrapolated to the future.

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NORM (thousand m3)

Figure 4 Development of the stored volume of NORM at COVRA through to 2130

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Authority for Nuclear Safety and Radiation
Protection

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+31 70 348 74 27
www.anvs.nl
May, 2016