NL-8:Permits under the Environmental Management Act
The Environmental Management Act , the transposition of the IPCC Directive into national legislation, states that every installation having a licensing obligation (*1), has to integrate energy efficiency according to the ALARA principle, i.e. As Low As Reasonably Achievable (*2).
The Environmental Management Act , the transposition of the IPPC Directive into national legislation, states that every installation having a licensing obligation (*1), has to integrate energy efficiency according to the ALARA principle, i.e. As Low As Reasonably Achievable (*2). This created the possibility to incorporate energy efficiency requirements into environmental licenses or permits. Companies that participate in the Benchmarking agreement, the LTAs and/or the EU ETS are automatically granted compliance with the relevant energy- or CO2-related requirements of the EMA permits.
Policy Information Expand this section for information on the key features of the policy, such as its date of introduction, categorization, main objective(s) and linkages with other policies.
Policy Instrument Type: Administrative
Position in the PyramidAbout Us
Start Date: 1993
|Complements||Long-term Agreement on Energy Efficiency for EU ETS enterprises (LEE)||Effort Defining|
|Complements||Long-Term Agreements on Energy Efficiency||Effort Defining|
Ministry of Infrastructure and the Environment
Primary Objective: Other (environmental)
Create the possibility to incorporate energy efficiency requirements into environmental licenses or permits.
All companies requiring an environmental permit
Driver of energy consumption or emissions affected by policy: Energy efficiency
Implementation Information Expand this section for information on targets, monitoring, verification and enforcement regimes, and implementation requirements and tools.
Quantitative Target? yes
Target: Individually set in permit
Time Period: Individually set in permit
Progress Monitored? yes
Verification Required? yes
Sanctions: If requirements under the environmental permit are not met, the competent authority can apply a financial penalty or administrative measures (including closure of the installation).
Requirements on the Target Group
Large industrial businesses are obliged to produce an annual environmental report (MJV) describing the impact of their activities on the environment, and to submit this electronically to the competent authority.
Support by Government
See under Implementation toolbox
To support the implementation of the permit requirements under the Environmental Management Act, the government provides a website which acts as an on-line helpdesk, where companies can:
- check if they need a permit under the environment act,
- apply on-line for a permit
- inform the competent authority of relevant changes and check the status of the permit.
Complexity of Implementation
Relatively difficult to establish legally binding energy efficiency requirements as involved authorities lack sufficient knowledge on industrial processes to judge claims regarding the (un) feasibility of measures and the need for more flexibility and lower cost (according to the ALARA principle).
Legal requirements leave less flexibility to meet targets at lowest costs.
Impacts, Costs & Benefits Expand this section to find information on policy effectiveness and efficiency.
|Impact||Quantitative Estimate||Qualitative Estimate|
|Estimated effect on energy consumption or emissions||N/A||N/A|
|Estimated costs/benefits for industry||N/A||N/A|
|Estimated cost for government||N/A||N/A|
|General Benefits||Industry increases its energy efficiency and reduces its CO2 emissions, which provides benefits for the environment and economy|
References & Footnotes
 Wet Milieubeheer, Wm http://www.vrom.nl/pagina.html?id=24176
 MinVrom (2000) MinVrom (2000b). Hoofdrapport project Energie in de Milieuvergunning. Ministerie van Vrom, Den Haag.
 CE (2010) Energie in vergunningverlening en handhaving. CE, Delft, 2010
 European Commission, Environmental rules: http://ec.europa.eu/youreurope/business/doing-business-responsibly/keeping-to-environmental-rules/netherlands/index_en.htm
(*1) No need to have an Environmental permit if the installation causes no or only limited environmental damage. A list of installations that need a permit is available and can also be checked online 
(*2) ALARA is a common principle in environmental legislation, see also Wet Milieubeheer (Environmental Act), Section 8.11, Subsection 3
(*3) Which organisation act as the competent authority for a company depends on the type and size of the company (as a proxy for the size of the environmental impact). For smaller industrial companies this can be the municipality. For larger industrial companies, this is usually the provincial authority
(*4) Requirements under the environmental permitting procedures are mandatory and determined unilaterally by the competent authority (rather than voluntary and negotiated with industry), and sanctions can be much more stringent than those included in the voluntary agreements.