In the Netherlands, Chemical installation inspections fall under multiple legal frameworks: the REACH Regulation for registration and risk assessment, the Environmental Activities Decree (BAL) for duty of care and integrity, the BRL SIKB 7800 standard for certified tank installations, and the Hazardous Substances Publication Series (PGS) for specific storage guidelines per substance category.
Companies operating chemical installations in the Netherlands must comply with a multi-layered regulatory structure covering both European regulations and national guidelines. This framework includes specific certification requirements designed to protect workers, the environment, and surrounding communities. Moreover, you must verify within 14 days after commissioning that your installation has the required documentation and inspections. Approximately 75% of chemical facilities require multiple permits and certifications before commencing operations.
The regulations distinguish between different installation types, with government inspectors applying separate control protocols per category. Subsequently, the capacity and type of stored substance determine which specific requirements apply. Therefore, this creates a differentiated supervision system where small installations can operate with less stringent requirements than large-scale chemical storage facilities.
Why Do Different Regulatory Frameworks Exist for Chemical Installations Under Dutch Law?
Chemical installations constitute complex risk sources where occupational safety, environmental protection, and external safety converge. Therefore, complementary legal frameworks exist that each regulate a specific aspect, collectively ensuring integral risk management of storage, processing, and distribution of hazardous substances.
Netherlands-based businesses must demonstrate compliance across multiple jurisdictions simultaneously. This regulatory overlap ensures no safety gaps exist between different inspection authorities. Furthermore, the multi-framework approach reflects the complexity of chemical risks that cannot be adequately addressed through a single regulatory instrument.
The Dutch regulatory system evolved from sector-specific rules into an integrated framework under the Environmental Activities Decree. This evolution reduced administrative burden while maintaining high safety standards. Additionally, the system enables local authorities to impose customized requirements when standard rules provide insufficient protection for specific situations.
European REACH Regulation as Primary Framework
The Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) forms the fundamental European regulatory framework. This regulation obligates manufacturers, importers, and professional users to systematically map chemical substance risks. Additionally, companies must share this risk information through Safety Data Sheets with customers and employees.
REACH covers virtually all chemical substances, except radioactive materials and waste substances. Consequently, mixtures of chemical substances and articles containing chemical components fall under this regulation. Therefore, manufacturers of products like plasticizers in plastics must also comply with REACH requirements.
Dutch companies have different REACH obligations depending on their role in the supply chain. Professional users such as chemical processing companies fall under supervision of the Dutch Labour Inspectorate. Conversely, producers and importers for professional use are controlled by the Human Environment and Transport Inspectorate (ILT). Between 2017 and 2019, Dutch inspections conducted nearly 2,200 controls at producers, importers, traders, and users of chemical substances.
What Is the Environmental Activities Decree and How Does It Affect Chemical Installations in the Netherlands?
The Environmental Activities Decree (BAL) replaced previous environmental permit systems on January 1, 2024, establishing duty of care requirements for integrity and safety of tank installations. Companies must demonstrate that installation and maintenance comply with occupational health and environmental safety requirements, with BRL SIKB 7800 certification serving as proof of compliance.
The BAL integrates various environmental and safety rules into one decision. This creates a uniform enforcement structure for chemical installations throughout the Netherlands. Moreover, the BAL emphasizes that operators bear active duty of care for their installations throughout the complete lifecycle.
Existing installations face a transition period during which companies must demonstrate compliance. During this period, the competent authority verifies whether installations meet current technical standards. Subsequently, municipalities can impose customized requirements if standard rules provide insufficient protection for specific local situations.
BRL SIKB 7800 Standard for Certified Tank Installations in Dutch Law
Certified tank installers must comply with the BRL SIKB 7800 standard for underground and above-ground tank installations. This standard establishes strict requirements for installation of tanks, containment systems, pipelines, and appendages for storage of chemicals and liquid fuels. Additionally, this standard requires an approved Process Risk Assessment & Evaluation (PRI&E) for chemical installations.
BRL SIKB 7800 certification covers installation and maintenance of tank installations for product classes PGS Class 1 through 4 and chemical products. Furthermore, this certification guarantees that installers work according to the latest safety insights. Consequently, the certificate simplifies demonstrating duty of care to the competent authority under the BAL.
A practical example illustrates the value of certification: a chemical company in Amsterdam implemented a new 75 m³ tank installation for hydrochloric acid. By engaging a BRL SIKB 7800-certified installer, the company completed all required inspections within 8 weeks and the installation immediately complied with BAL requirements, without additional customized municipal requirements. The total investment including certification amounted to approximately €45,000, representing 15% savings compared to non-certified installation followed by remediation.
Which Hazardous Substances Publication Series (PGS) Guidelines Regulate Chemical Installations in the Netherlands?
The PGS series comprises specific guidelines per installation type and substance category: PGS 28 for underground fuel tanks, PGS 29 for above-ground vertical fuel tanks, PGS 30 for above-ground horizontal fuel tanks, and PGS 31 for other hazardous chemical liquids with tank capacity from 0.3 to 150 m³.
These guidelines comprehensively address risks of hazardous substances and provide extensive measures for safe storage, use, and disposal. Therefore, PGS guidelines base themselves on best available techniques and scientific insights. Subsequently, these measures help minimize risks to humans and the environment.
PGS 31, published in April 2018, specifically addresses pressureless storage of hazardous liquid substances in tanks between 0.3 and 150 m³. Additionally, this guideline covers storage of water-borne mixtures with carcinogenic or mutagenic properties (CMR substances). This creates a more precise regulatory framework that better aligns with specific business situations than previous general guidelines.
Key Technical Requirements from PGS 31
New tank installations under PGS 31 must have effective technical overfill protection. This requirement prevents overflow and associated environmental incidents. Additionally, PGS 31 requires that single-walled storage tanks have a liquid-tight containment facility that can capture potential leakage losses.
Supplementary requirements apply for storage of flammable liquids. For instance, external tank storage exceeding 250 liters of flammable liquid requires availability of foam-forming agent (SVM). Moreover, internal storage up to 500 m³ of flammable liquids is permitted, provided stricter construction requirements are met.
Companies with a certified or accredited inspection department (IVG) may inspect their own storage tanks under PGS 31. This offers flexibility to larger organizations with professional inspection capacity. However, these internal inspections must meet the same technical standards as external inspections.
Connected IBCs and Installation Certificates According to Dutch Legislation
Intermediate Bulk Containers (IBCs) permanently connected to an installation fall under PGS 31 regulations. Once an IBC is no longer moved, it qualifies as part of the fixed tank installation. Therefore, the same inspection requirements apply as for conventional storage tanks.
For new installations, an installation certificate according to BRL-K903 or SIKB 7800 is virtually always mandatory. Conversely, existing installations may need to obtain an installation certificate during re-inspection. Re-inspection intervals vary from 5 to 20 years depending on installation type and stored substance.
How Does the Dutch Supervision System Work for Chemical Installations Under Dutch Law?
Three national inspectorates jointly supervise chemical installations in the Netherlands: the Dutch Labour Inspectorate controls professional users, the Human Environment and Transport Inspectorate (ILT) supervises producers and traders for professional use, and the Netherlands Food and Consumer Product Safety Authority (NVWA) inspects production for consumers.
These inspectorates systematically share knowledge, experience, and information with each other. Moreover, they collaborate on joint projects and coordinate their planning. Subsequently, the inspectorates produce joint reports on their controls. This creates a coherent supervision system without gaps between different inspection services.
Customs authorities also play a crucial role in controlling import of authorization-required substances and mixtures. Since 2021, ILT and customs verify whether importers have the correct permit or legitimately use exemptions for chromium-containing compounds and other substances of very high concern.
European Cooperation Through Forum
Dutch inspectorates work within the European cooperation platform Forum together with supervisors from other EU member states. This network coordinates enforcement of REACH, Classification Labelling and Packaging (CLP), Persistent Organic Pollutants (POP), and Prior Informed Consent (PIC).
Annually, Dutch inspectorates participate in joint European enforcement projects. In 2022, for example, ILT and NVWA inspected electronic devices and refill packages for banned substances according to RoHS and REACH. Additionally, ILT inspected whether Dutch companies investigated if their substances are nanomaterials and whether they complied with registration and information obligations.
Between 2017 and 2019, Dutch inspectorates conducted nearly 2,200 controls at producers, importers, traders, and users of chemical substances. These inspections resulted in better information about hazardous properties, safer use of substances, fewer banned substances in products, and removal of unsafe products from commerce.
Control Protocols and Enforcement Instruments in the Netherlands
The Forum collects, processes, and publishes inspection results from joint projects on the European Chemicals Agency (ECHA) website. In 2020, for example, ILT and NVWA inspected webshops selling products with hazardous substances. Companies with incorrect advertisements had to remove or modify these from their websites.
For professional users of chemical substances, the Dutch Labour Inspectorate offers a self-inspection tool for Hazardous Substances. Through this tool, companies examine their installation from an inspector’s perspective. The self-inspection helps with inventorying substances, assessing risks, taking measures, and securing safety processes.
Companies seeking exemption from replacement obligations for volatile organic substances in adhesives and paints must submit a specific exemption form. This format applies to indoor situations where substitution is not technically or economically feasible within specified deadlines.
What Specific Requirements Apply to Storage of Carcinogenic Substances According to Dutch Legislation?
Storage of water-borne mixtures classified as carcinogenic, mutagenic, or reprotoxic substances (CMR) according to the CLP Regulation falls under PGS 31 regardless of flammability properties. These substances require additional security measures, stricter inspection requirements, and more extensive risk assessment due to their health effects from prolonged exposure.
The CLP Regulation (Classification, Labelling and Packaging) harmonizes classification and labeling of hazardous substances throughout Europe. Subsequently, this classification determines which safety requirements apply. Therefore, companies must verify upon purchasing chemical substances whether CLP labeling mentions CMR properties.
CMR substances such as chromium-6 compounds often require authorization decisions from the European Commission. Manufacturers and importers may only use these substances for essential applications when no safer alternatives are available. Moreover, they must demonstrate that they implement adequate protective measures for workers and the environment.
Dutch inspectorates verified in 2021 whether companies complied with conditions from authorization decisions. Additionally, they verified whether correct information appeared in Safety Data Sheets and on labels. This enables users to take required precautionary measures against health damage.
What Must You Do When Constructing a New Chemical Installation in the Netherlands?
When constructing a new chemical installation, you must engage a certified installer according to BRL SIKB 7800, have a Process Risk Assessment & Evaluation (PRI&E) prepared, obtain installation certificates, and demonstrate compliance with relevant PGS guidelines before commissioning the installation.
Start by selecting an accredited installer who is BRL SIKB 7800-certified. This certification guarantees that installation occurs according to current safety standards. Subsequently, you must determine which PGS guidelines apply based on substance category, tank capacity, and storage location.
The PRI&E systematically identifies risks during normal operation, maintenance, and emergencies. Therefore, this analysis evaluates scenarios for leakage, fire, explosion, and employee exposure. Moreover, the PRI&E formulates specific control measures you must implement before the installation becomes operational.
During construction, the certified installer verifies that construction meets design specifications. After completion, the installer conducts final inspections before the installation enters service. These inspections document correct functioning of overfill protection, containment facilities, ventilation systems, and emergency shut-off valves.
Documentation Requirements and Notification to Competent Authority
For chemical installations, you must maintain extensive documentation. This includes technical drawings, material selection specifications, inspection certificates, Safety Data Sheets of stored substances, and procedures for normal use and emergencies. Additionally, you must document modifications to the installation and have these inspected before they become operational.
Depending on capacity and substance category, you must notify the installation to the competent authority. For facilities falling under the BAL, notification obligation applies within 4 weeks after commissioning. However, municipalities can impose stricter requirements through customized provisions if local circumstances require this.
Retain all inspection documentation for at least 5 years after replacement date of the inspected component. These documents serve as proof during inspections by government agencies. Moreover, historical inspection reports assist with planning preventive maintenance and detecting degradation trends.
How Often Must You Have Chemical Installations Inspected According to Dutch Law?
Inspection frequencies vary from 5 to 20 years depending on installation type, stored substance, and construction materials. Underground tanks typically require inspection every 5-8 years, while above-ground double-walled tanks with leak detection often may operate 10-20 years between inspections. Authorization-required substances may require shorter inspection cycles according to permit provisions.
Between periodic inspections, you must conduct regular self-checks. These self-checks include visual inspection for corrosion, leakage, and mechanical damage. Additionally, you must verify monthly that safety systems such as overfill protection, leak detection, and emergency shut-off valves function correctly.
For tanks with hazardous chemical liquids, PGS 31 stipulates that re-inspection determines whether an installation certificate is needed. This re-inspection assesses whether the installation still meets current technical standards. If significant deviations are identified, the competent authority may require additional measures or premature replacement.
Employers must additionally ensure adequate training of employees working with chemical installations. This training includes recognition of hazardous situations, use of personal protective equipment, emergency procedures, and interpretation of Safety Data Sheets. Moreover, REACH requires that employees have access to current risk information.
Do you want certainty about compliance with regulations for your chemical installation? Specialized legal advisors in the Netherlands analyze your situation and advise on implementation of REACH obligations, BAL duty of care, and PGS compliance.
What Sanctions Threaten Non-Compliance with Regulations Under Dutch Law?
Non-compliance with chemical installation regulations can result in administrative fines up to €87,500, penalty order, shutdown of the installation, criminal prosecution for gross violations, and liability for environmental damage according to the Soil Contamination Damage Liability Act.
The Dutch Labour Inspectorate can issue an immediate shutdown order in case of serious deficiencies. This order prohibits use of the installation until all defects are remedied and a re-inspection has confirmed this. Consequently, operators remain obligated to bear fixed costs while generating no revenues.
ILT and NVWA can additionally impose administrative fines for specific REACH violations. For example, missing registration of substances, incomplete Safety Data Sheets, or use of non-authorized substances of very high concern. These fines can amount to a maximum of €87,500 per violation, with repeated violations penalized with aggravated sanctions.
Municipalities can impose penalty orders through enforcement of the BAL. This penalty order obligates remediation of violations within a set deadline. Subsequently, you forfeit a penalty for each day or week that the violation continues, up to a specified maximum. This creates a strong financial incentive for rapid compliance.
Criminal and Civil Liability in the Netherlands
Gross violations leading to serious health damage or environmental pollution can be prosecuted criminally. The Public Prosecution Service can then demand fines up to €87,000 and imprisonment up to a maximum of 2 years for natural persons. For legal entities, higher maximum fines apply up to €870,000.
In case of environmental damage from leakage or emergencies, you are liable for remediation costs and compensation of third parties. The Soil Contamination Damage Liability Act imposes strict liability on operators of risk installations. Here, no fault or negligence need exist – the mere fact of damage suffices for liability.
Insurers can additionally refuse coverage or seek recourse if damage results from non-compliance with legal requirements. Therefore, verify whether your environmental liability insurance explicitly covers your compliance with all relevant regulations. Otherwise, you risk significant personal damage in emergencies.
Reputational damage after environmental incidents substantially affects business value. Customers and shareholders react negatively to environmental violations and safety incidents. Moreover, suppliers may require additional guarantees or terminate contracts after serious compliance deficiencies.
How Do You Prevent Compliance Problems with Existing Installations Under Dutch Law?
Conduct an annual gap analysis that tests your installation against current regulations, verify whether changes in PGS guidelines or BAL provisions impose new requirements, document all modifications systematically, and consider voluntary certification according to BRL SIKB 7800 for a stronger compliance position.
Start by inventorying all chemical substances you store or process. Subsequently, verify whether these substances are registered under REACH and whether you have current Safety Data Sheets. Additionally, you verify whether stored quantities remain within permitted limits and whether substance substitution is possible toward safer alternatives.
Next, assess whether your current installation complies with the most recent PGS guidelines. For example, PGS 31 offers less stringent requirements for certain installations than previous guidelines. However, the competent authority may also decide to impose stricter customized requirements if specific local circumstances justify this.
Document all inspections, maintenance activities, and modifications to installations systematically. This documentation serves as proof of duty of care under the BAL. Moreover, historical documentation helps demonstrate compliance during inspections by government agencies.
Implementation of Management Systems
Implement a structured management system for chemical safety. This system includes procedures for procurement, storage, use, maintenance, and disposal of chemical substances. Additionally, it contains protocols for periodic checks, incident reporting, and continuous improvement of safety measures.
Train personnel regularly in safe working methods and emergency procedures. This training must be demonstrable through training registration and competency matrix. Subsequently, you evaluate training effectiveness through practical tests and observation of employee behavior.
Collaborate with accredited advisors and inspection services for external validation of your compliance. These professionals bring independent perspective and knowledge of best practices from other companies. Moreover, they identify potential risks that internal employees may overlook due to habituation.
Contact specialized legal advisors in the Netherlands for personal advice about compliance of your chemical installation with REACH, BAL, BRL SIKB 7800, and relevant PGS guidelines.
