The transition to a low carbon energy supply in 2050

The Dutch energy supply will change fundamentally over the coming decades. The Paris Agreement on climate change has set a target of limiting global warming to well below two degrees Celsius, with the aim to limit the maximum temperature increase to one and a half degrees Celsius compared with preindustrial levels. The transition to a low carbon energy supply requires a huge effort from the general public, from businesses and public authorities.

First and foremost, the energy transition is a major social challenge: it encroaches directly on people’s daily lives and living environment. A transition of this scope can only happen if all stakeholders, including the general public, support the political decisions and if the energy supply remains affordable, reliable and safe, against acceptable costs. In addition, in a densely populated country like the Netherlands, the spatial effects have to be assessed continuously and subsequently adapted if needed.

The energy transition was set in motion globally and this process will continue, irrespective of geopolitical uncertainties. The Dutch Government has no wish to adopt a ‘wait and see’ attitude, and has instead chosen to respond proactively. An energy transition of this magnitude offers many great opportunities, if the available knowledge and skills, research and technical capabilities and arrangements can be pooled and increased. This requires new and fruitful partnerships between businesses, knowledge institutes, civil society organizations and public authorities. In this way the transition is more than just a change in energy sources; it turns into an innovative process that increases the power of the Dutch economy and society. This transition also requires a clear, long term perspective which is commonly accepted by the vast majority of political parties. Only then does it offer certainty to businesses having to invest, to directors having to make decisions and to the general public facing important choices and private investments as well.

Therefore in 2018 the Dutch Government invited all stakeholders to come to an agreement with which the Netherlands can reduce CO₂ emissions by 49% in 2030 compared to 1990. In 2018 five sectors (electricity, built environment, industry, agriculture and land use, and mobility) were intensively consulted in task groups and dozens of working groups for each sector. More than a hundred representatives of stakeholder groups were directly involved. All parties that sat at the table endorse this reduction target. The final agreement was presented by the climate council and the cabinet on 28 June 2019.

The Netherlands aims to be a European leader in the fight against global warming. To become climate-neutral by 2050, the Government is tightening its 2030 goal, set out in the Climate Act, of a reduction in carbon emissions of at least 55%. The Government is firmly committed to this goal and will take extra steps to achieve it if necessary. To ensure that it achieves this goal, the Government has agreed to focus policy on greater reductions, which will amount to approximately 60% in 2030.

In line with these increased ambitions, a Minister for Climate and Energy Policy has been appointed to oversee policy and the Climate Fund. Moreover, a €35 billion Climate and Transition Fund for the next 10 years will help to create the required energy infrastructure (for electricity, heat, hydrogen and CO₂), put in place a green industrial policy and make transport and the built environment more sustainable.

After the European Union (EU) has adopted the ‘Fit for 55’ package, the Government will revise its climate policy in line with the projected impact on carbon emissions and with a view to affordability for households and small and medium enterprises (SMEs).

In this way, broad support has been laid under the Climate Agreement, which is related to sufficient perspectives for action by citizens, companies and employees, and to the process. Control and citizen participation are key concepts in the entire process of planning and implementing climate policy. Industrial policy is aimed at rewarding companies that are at the forefront and punishing those who lag behind. This should challenge the industry to innovate and grow into a world-leading sector. Provisions are also made for employment. For example, labour market policies must ensure that a sufficient number of qualified workers are trained to carry out the transition. On the other hand, people who are in danger of losing their jobs as a result of the transition should be helped as much as possible to find new work.

The agreements per sector are as follows:

Electricity:In 2030, 70% of all electricity will come from renewable sources. This will be met with wind turbines at sea and on land, and with solar panels on roofs and in solar parks. At the same time, the demand for electricity is growing. Cars become increasingly electric as the industry replaces oil and gas for clean electricity. Buildings will stop using gas and will need more electricity for cooking and heating. Because the power supply will become more affected by the changeable weather, many measures are needed to keep the electricity supply reliable.

The infrastructure for electricity is among the types of infrastructure that are targeted through the €35 billion Climate and Transition Fund.

Built environment :By 2050, 7 million homes and 1 million buildings must no longer rely on natural gas. Subsidies for home insulation and the installation of solar panels, making residential areas free of natural gas, a higher tax on natural gas, and a heat fund for advantageous loans to pay for energy-saving measures should help to achieve this goal. Residents are involved in decreasing the consumption of natural gas. The reasoning is that the investment in sustainability will result in lower energy bills.

A long term National Insulation Programme, as well as standardization and a grant covering the additional costs of (hybrid) heat pumps in households, are measures formulated in the Coalition Agreement that should facilitate a more sustainable built environment.

In addition, the Government will focus on creating sustainable heating networks (where this can be done in a cost-effective way) and will introduce an obligation to supply ‘green’ gas via the national grid.

Industry :By 2050, the industry will be circular and will emit virtually no greenhouse gases. The factories will then run on sustainable electricity using solar and wind energy or energy from geothermal heat, hydrogen and biogas. The raw materials will come from biomass, residual flows and gases. The residual heat will be used by the industry itself or the industry will supply it to horticulture or buildings and homes. In addition to its role as an energy user, the industry will also be a producer and buffer of energy.

By 2030, the industry must already emit considerably less CO₂ as an intermediate step on the road to full sustainability. Many of the new ways of energy production are still in their infancy and are still too expensive. However, companies do invest in this innovation themselves and there are government subsidies. In this way, the industry can become most CO₂-efficient in a way that does not jeopardize international competitiveness.

The 2021 Coalition Agreement speaks of an increased level of ambition in the industry. To achieve the higher national ambitions, the Government will in principle look first to the sectors in the European Emissions Trading System (ETS), alongside our ‘Fit for 55’ commitments. The Government plans on making binding, customized agreements with the 10 to 20 biggest emitters of greenhouse gases.

Furthermore, the Government will increase the marginal levy charged in addition to the price stipulated in the ETS, make extra investments in research and innovation in climate-neutral technologies, and help SMEs to become more sustainable.

Agriculture and land use :To be climate-neutral in agriculture and land use by 2050, there is still a lot to be done. Some greenhouse gas emissions cannot be avoided. Cows produce methane. Laughing gas is released from fertilizer, which is also a greenhouse gas. CO₂ is captured by trees, the soil, crops and grass, which in turn contributes to the reduction target. In addition, farmers will invest in other forms of fertilization that reduce methane emissions in dairy farming.:Many parties — including farmers, horticulturists and land managers, food processing companies, suppliers, supermarkets and civil society/non-governmental organizations — play a part in reducing greenhouse gas emissions and increasing CO₂ storage. :Preconditions are that enough food and crops are produced and biodiversity is maintained. The sector must also remain economically healthy.

The Government intends to restore the balance between nature and farming by continuing the transition to circular agriculture. The Government will initiate the transition to circular agriculture with a revenue model that will enable farmers to make the necessary changes. Since the chosen approach requires a long term, predictable and coherent policy, the Government will be setting up a generous transition fund to tackle challenges in agriculture and nature. Furthermore, the Government plans on carrying out a region-specific approach that addresses the problem of excess nitrogen deposition, but also pursues national and European targets for the challenges associated with water quality, soil, climate and biodiversity.

Mobility :Mobility in 2050 should be emission-free and of high quality. Not all solutions are yet available, for example, for the freight transport sector. But mobility must be cleaner, smarter and therefore different. Dozens of agreements have been made between the parties involved and the Government which ensure that structural changes will be set in motion by 2030. Electric driving is important, but more attention will be given to alternatives to the car. Additional environmental zones in cities will be introduced, as well as a form of road pricing. From 2030, all new cars must be emission-free.

The Government announced in the Coalition Agreement that it will continue to invest in clean transport for the sake of the climate and also to improve air quality in towns and cities. In addition, in 2030, the Government plans to launch a road usage charge system.

Moreover, the Government’s plans do not exclude the aviation and shipping sectors. It intends to put forward measures that tax bad behaviour while investing in greener technologies and fuels.

Overall

To adopt all measures, the starting point is that the transition remains feasible and affordable for everyone. For instance, the costs must be affordable to households. The competitive position of companies and thus the jobs must also be preserved. The burden must be distributed fairly in order to maintain support for the transition. The distribution issue is pre-eminently a political issue. In 2019 the Government and Parliament had to make clear and fair choices in the distribution of benefits and costs. An extra CO₂ tax for the industry is part of this fair distribution.

Table 1 shows the estimated available energy sources as of June 2020.

TABLE 1. ESTIMATED AVAILABLE ENERGY SOURCES

* Solid, liquid: million tons; gas: billion m³; uranium: metric tonnes; other renewables: in produced EJ per year.

—: data not available.

Source: Natural Resources and Geothermal Energy in the Netherlands, Annual Review 2020. Estimated reserves as of 1 January 2021; https://www.nlog.nl/sites/default/files/2021-08/annual_report_2020_natural_resources_and_geothermal_energy_in_the_netherlands_30082021.pdf

Table 2 provides information on the historical growth rates of total primary energy consumption and energy production.

TABLE 2. ENERGY CONSUMPTION

*Latest available data, please note that compound annual growth rate may not be representative of actual average growth.

**Total energy derived from primary and secondary generation sources. Figures do not reflect potential heat output that may result from electricity co-generation.

—: data not available.

Sources: United Nations Statistical Division, OECD/IEA and IAEA RDS-1.

Within the Ministry of Economic Affairs and Climate Policy the Minister for Climate and Energy Policy has the overall responsibility for the Dutch energy and climate policy, including policies for renewable energy, energy transition and bio-based economy, as well as for overseeing the Climate Fund. The Ministry of Economic Affairs and Climate Policy is responsible for the related research, development and demonstration projects. The Ministry of Economic Affairs and Climate Policy is also the lead authority for the State Coordination Program for the planning of large scale energy infrastructure projects.The Ministry of Infrastructure and Water Management is responsible for policies on environment, transport, water and public works. It supervises the administrative procedures under the Dutch Environmental Management Act. Together with the Ministry of Economic Affairs and Climate Policy, it coordinates the environmental impact assessments (EIAs) and permits for spatial planning, including maritime waters. Regional governments are responsible for granting environmental licences and permits.

Responsibility for energy efficiency is shared among several ministries and implementing agencies. The Ministry of Economic Affairs and Climate Policy is in charge of overall energy policy, including energy efficiency, and measures in agriculture and other sectors. The Ministry of Infrastructure and Water Management is responsible for energy efficiency in transport policy, whereas the Ministry of the Interior and Kingdom Relations is responsible for energy efficiency in buildings. The Ministry of Education and Science is responsible for fundamental science and research (through publicly funded universities and research institutes).

The Netherlands Authority for Consumers and Markets, established in April 2013, is the authority under the Ministry of Economic Affairs and Climate Policy with regulatory powers to supervise the electricity and natural gas markets as well as district heating markets. The so-called ‘Energy Chamber’ is charged with regulation and oversight duties stemming from the Electricity and Gas Act.

The Energy Chamber is also responsible for:

• Issuing supply licences for the supply of electricity and gas to captive consumers;

• Determining tariff structures and conditions for the transmission of electricity;

• Determining guidelines for tariffs and conditions with regard to access to gas, transmission pipelines and gas storage installations and, if necessary, issuing binding instructions;

• Determining transmission tariffs for electricity and gas, including the discount aimed at promoting the efficient operation of the electricity grid and gas networks;

• Supervision of compliance with the Electricity and Gas Act.

In the 1990s, the liberalization of the Dutch electricity market started under the framework of the EU energy market liberalization and followed an energy-only market model. The retail market was opened in 2002 for the industry and in 2004 for households. In 2007, full ownership unbundling of the electricity transmission and distribution networks was introduced. The Dutch choice was to privatize the generation of electricity but to keep regulated networks in public ownership (the Ministry of Finance is the 100% shareholder of the Dutch transmission network). It is not allowed for network operators to be part of a company that is also engaged in supply, production or trading of gas and electricity, or to be privatized or engaged in other activities. At international level, only New Zealand prohibits distribution companies from retailing.

On the one hand, market opening at wholesale and retail market levels with full ownership unbundling led to considerable investments by large EU companies; on the other hand, it fostered consolidation on the generation side. Ownership unbundling is to some extent limited, taking into account the substantial shareholdings by the Dutch state in electricity transmission and in the supply of gas through three utilities: TenneT, Energie Beheer Nederland (EBN) and GasTerra.

With combined liberalization and market integration, the Dutch market saw the entry of vertically integrated foreign players from markets in neighbouring countries (RWE, Vattenfall, E.ON, Electrabel/GDF Suez), which acquired assets of the Dutch generation and distribution companies (Nuon, Essent, Eneco and Delta).

The country’s transmission system operator, TenneT, was established in 1998. TenneT operates the Dutch high voltage transmission network (110 kV, 150 kV, 220 kV and 380 kV), following the transfer of management of the Dutch 150 kV and 110 kV grids to TenneT in 2008. In 2018, the transmission network had a total length of around 10 168 circuit km and consisted of 333 substations, connecting 17 million end users and with 29.5 GW of installed capacity in operation. In 2018, there was a total cross-border import of 24 735 GWh and export of 18 730 GWh.

At present, TenneT is under ownership independent from other parts of the supply chain and fully owned by the state. It is responsible for ensuring the stability and reliability of the electricity grid, balancing the load in the Dutch system and with neighbouring countries, and maintaining the high voltage grid in good condition in order to allow access and maximize capacity use. TenneT is also the majority owner (74.5%) of APX, the short term trading exchange for gas and electricity.

Capacity

The Dutch electricity system is dominated by fossil fuel capacity. In 2020, the total installed generating capacity in the Netherlands was around 42.2 GW. The thermal power generating capacity amounted to 24.9 GW or 59% of the total capacity. Renewable generation represented 16.8 GW or 39.8% of the total generating capacity.

Electricity generation

Electricity generation in the Netherlands was 120.2 TWh in 2020. The electricity mix is dominated by fossil fuels, namely natural gas and coal. It has been decided to phase out production of electricity by coal to the greatest extent possible in order to reduce CO₂ emissions. :Nuclear energy accounted for 3.9 TWh, about 3.2 % of the electricity generation in 2020. Renewable energy sources in the electricity mix in the Netherlands are principally from biofuels and waste, wind and solar. Hydro power also plays a role, albeit to a small extent. Wind power has experienced the fastest growth over the years, growing from 0.8 TWh in 2000 to 15.3 TWh in 2020. Meanwhile, solar power also experienced an exponential growth from 0.008 TWh in 2000 to 8.7 TWh to 2020. Electricity from biofuels and waste has grown fourfold over the same period.

Table 3 shows the historical growth in electricity production, consumption and capacity in the Netherlands and Table 4 shows the energy related ratios.

TABLE 3. ELECTRICITY PRODUCTION

*Latest available data, please note that compound annual growth rate may not be representative of actual average growth.

**Electricity transmission losses are not deducted.

—: data not available.

Sources: United Nations Statistical Division, OECD/IEA and IAEA RDS-1.

TABLE 4. ENERGY RELATED RATIOS

*Latest available data.

Sources: RDS-1 and RDS-2.

Main decisions, rationale and events related to the nuclear power programme

Nuclear power plays a small but steady part in the Dutch energy supply. In 2020, the only NPP in the Netherlands produced about 4 TWh(e), providing about 3% of the total electricity production.

The nuclear programme started with the construction of a research reactor in 1955, the High Flux Reactor (HFR) in Petten, which achieved first criticality in 1961. It was originally thought that nuclear power would play an important role in the country’s electricity generation programme. A small prototype reactor (Dodewaard NPP, 60 MW(e)) was put into operation in 1968, and in 1973 the first commercial reactor (Borssele NPP, 485 MW(e)) started production.

Although plans were made to expand nuclear power by 3000 MW(e), these plans were postponed because of the divided public opinion and were finally shelved following the accident at the Chornobyl NPP in 1986. Instead, the Government ordered a thorough screening of the safety of both existing plants, which led to major back fitting projects. The back fitting project at Borssele was successfully completed in 1997. Meanwhile, mainly because of the negative expectations for the future of nuclear energy in the Netherlands, the small Dodewaard NPP was permanently shut down in 1997. In 2005, the owner of this NPP was granted a licence for a safe enclosure state for a period of 40 years, after which final dismantling is expected.

In 2006, the Dutch Government signed an agreement (the Covenant) with the owners of the Borssele NPP, which allows for operation until the end of 2033, at the latest. In the meantime, the Covenant conditions should be met in addition to the requirements of the licence. The aforementioned end date of operation is also a requirement in Article 15 (Section A) of the Nuclear Energy Law. In 2020, the majority of Parliament decided that it should be investigated how Article 15 might be changed so that a lifetime extension of the Borssele NPP is allowed. In 2021, the Coalition Agreement informed that the Borssele NPP will be kept operational for longer, with all due consideration naturally given to safety.

Moreover, the Coalition Agreement informed that the Government will take the necessary steps for the construction of two new NPPs. This means that, among other things, the Government will assist commercial operators in their exploratory studies, support innovation, carry out tender procedures, consider the contribution (financial or otherwise) to be provided by public authorities and prepare legislation where necessary. The Government will also ensure safe, permanent storage of nuclear waste.

A new research reactor (named PALLAS) is under consideration in order to replace the HFR. Plans for PALLAS were initiated by the company Nuclear Research and Consultancy Group (NRG), the current licence holder and operator of the HFR. A foundation is established that will conduct all preparatory activities required for the realization of the new research reactor. The national Government and the province of North Holland together provided a loan of about €80 million to finalize the licensing and design of PALLAS. An important precondition for support is the realization of a sound business plan and the acquisition of (private) funding for the construction and operation of PALLAS. Currently pre-licensing activities are going on with the regulatory body Authority for Nuclear Safety and Radiation Protection (ANVS).

The Technical University of Delft (TU Delft) is upgrading its research reactor (project OYSTER — Optimized Yield - for Science, Technology & Education - of Radiation). The project is jointly financed by the university and the national Government.

Main decisions, rationale and events related to the regulatory body

The Netherlands has established and maintains a national legislative, regulatory and organizational framework (‘national framework’) for nuclear safety and radiation protection. The competent regulatory body (RB) for this framework is ANVS. Since August 2017, ANVS has served as an independent administrative body within the governmental structure in the Netherlands. ANVS carries out activities in the areas of radiation protection, nuclear safety and security and is, among other things, responsible for licensing, review and assessment, supervision and enforcement, knowledge management and informing of the public. The Minister of Infrastructure and Water Management is politically responsible for its functioning. ANVS advises the Minister on policy, law and regulations.

The Netherlands has transposed Council Directive 2013/59/Euratom (laying down basic safety standards for protection against the dangers arising from exposure to radiation) in its national legislation. On 6 February 2018, the Decree on Basic Safety Standards for Radiation Protection and its underlying regulations came into force. Its implementation led to the introduction of a situation based approach (planned, emergency and existing situations). Another change was the introduction of ‘registration’ as one of the two instruments to authorize practices. Licensing is the other instrument. This decree also regulates the management of waste and orphan sources, as well as requirements for the recycling or disposal of unsealed or sealed sources that are no longer used. In 2017, Council Directive 2014/87/Euratom was also transposed in national law reinforcing nuclear safety. The main changes are the strengthening of the position of the competent authorities, stronger requirements on defence in depth, safety management and safety culture, transparency and safety improvements of existing nuclear installations.

Borssele NPP

The Borssele NPP is a two loop Siemens pressurized water reactor that has been in commercial operation since 1973 (Table 5). As it is the only NPP in operation in the Netherlands, the emphasis in the remainder of this report is on this plant. It has a net electrical output of about 485 MW(e). The NPP generates about 4% of the Netherlands’ electricity demand.

The operator and licence holder of the Borssele NPP is the company EPZ (Elektriciteits-Produktiemaatschappij Zuid-Nederland). PZEM and Essent/RWE are shareholders of EPZ, and own 70% and 30%, respectively, of the shares.

In 1994, the Dutch Parliament decided to phase out the plant. The decision was legally challenged and repealed. Instead, the Covenant was signed in 2006 by the operator, the owners of the plant and the Government, which allows the operating life of the Borssele NPP to be extended by 20 years, until the end of 2033 at the latest, under a number of extra conditions in addition to the licence requirements. Now, following the Coalition Agreement’s plans, the Government is investigating the possibility to extend the plant’s lifetime beyond 2033.

The licence holder has finished a long term operation (LTO) justification project to ensure that safety and safety relevant systems, structures and components continue to perform their intended functions during LTO. The outcome of the project was used for the LTO licence application. In 2013, the LTO licence entered into force. The regulatory review of the licence holder’s LTO programme has led to various licence requirements on top of the measures proposed by the licence holder.

Based on a stress test in 2011 (which was done after the events at the Fukushima Daiichi NPP) and a Periodic Safety Review in 2013, the licensee of the Borssele NPP implemented a number of safety improvements from 2012 to 2019.

Dodewaard NPP (in safe enclosure)

The Dodewaard NPP was a 60 MW(e) boiling water reactor that operated from 1968 until early 1997. In 2002, the licence holder obtained a licence for ‘deferred dismantling’ after 40 years of safe enclosure. By April 2003, all the spent fuel had been removed from the site and had been shipped to Sellafield. Also, the plant was decontaminated, and a new ventilation system was put into place. In 2009, all vitrified waste from reprocessing Dodewaard’s spent fuel was shipped to the national waste management authority, COVRA. On 1 June 2005, the 40 year safe enclosure period started under a licence that requires the owner to commence dismantling activities in 2045.

TABLE 5. STATUS AND PERFORMANCE OF NUCLEAR POWER PLANTS

*Latest available data.

Source: RDS-2.

—: data not available.

Plant upgrading, plant life management and licence renewals

The Netherlands has a decades long history of periodic safety reviews. For more than 20 years, one of the conditions of the licence has been that the safety of the nuclear installation is to be periodically reviewed in the light of operating experience and new safety insights. A review of operational safety aspects must be performed once every two years, while a more comprehensive safety review must be conducted once every 10 years. The latter involves a review of the plant’s design basis in the light of new developments in research, safety thinking, risk acceptance, etc.

In December 2018, an international benchmark commission reported to the parties RWE, PZEM, EPZ and the Government that the Borssele plant ranks in the safest quartile of pressurized water reactors in the Western world and meets the prerequisite to stay open until 2034. The Benchmark Commission reports every five years on the safety of the Borssele NPP.

Uranium enrichment and production of ultra-centrifuges are the most important parts of the fuel cycle for the Netherlands. Uranium enrichment is done by Urenco NL, which belongs to the Urenco Group, with production facilities in Germany, the Netherlands, the United Kingdom and the United States of America. In 2011, Urenco NL was granted an increase in licensed capacity from 4 950 tSW/yr (separative work units) to 6 200 tSW/yr.

The Technology Group (ETC) owns the world’s leading centrifuge technology and was formed in October 2003. Since July 2006, ETC has been jointly owned by Urenco (50%) and its joint venture partner Orano (50%). ETC develops, manufactures, supplies and installs gas centrifuges in the Urenco and Orano enrichment plants.

The Dutch policy on the management of radioactive waste and spent fuel is to isolate, control and monitor radioactive waste above ground in specifically designed buildings, after which geological disposal is foreseen around 2130. During the period of interim storage, all necessary technical, economic, financial and social arrangements are to be made in such a way that a deep geological disposal can be developed, constructed and taken in use around the year 2130.

Implementation of this policy led in 1982 to the establishment of COVRA, the Central Organisation for Radioactive Waste, located in Nieuwdorp. COVRA is a 100% state owned organization and the only organization in the Netherlands allowed to transport, manage and store radioactive waste and spent fuel in the Netherlands⁽²⁾.

According to the ‘polluter pays’ principle, the generator of the waste is charged by COVRA for all costs related to the management of radioactive waste and spent fuel, including the costs for research as well as the envisaged costs for disposal. Once the transfer of the waste has been accomplished, the customer is exempted from further responsibility for the waste. COVRA takes over all liabilities, including the financial responsibility. For standardized waste streams of low and intermediate level radioactive waste, fixed tariffs are published on COVRA’s web site. The tariffs are annually adjusted with the Dutch price index.

With regard to the management of spent fuel and high level waste, the utilities and the operators of research reactors agreed to jointly build a facility for treatment and long term storage of spent fuel and high level waste at the COVRA site. This building (HABOG) was commissioned in 2003 and is receiving vitrified and other high level waste from the production of medical radioisotopes and from the reprocessing plant in France, as well as spent fuel from the research reactors. Both the construction costs and the operating costs for storage are charged to the generators of the spent fuel and the waste, as are, of course, the costs for final disposal.

The Government policy on spent fuel management is that the decision on whether or not to reprocess spent fuel is in the first instance a choice for the operator of an NPP. For the NPP in Borssele, the operators decided in favour of reprocessing their spent fuel for economic reasons.

In 2012, France and the Netherlands signed a treaty that regulates the reception and reprocessing of Dutch spent fuel from the Borssele NPP by ORANO in France until 31 December 2049, and the return to the Netherlands of the radioactive residues from reprocessing by 31 December 2052. The NPP is the owner of the uranium that results from the reprocessing. The plutonium stays in France to be used in the production of new nuclear fuel.

National policy⁽³⁾

In principle the nuclear operator is responsible for all aspects of decommissioning. According to legislation in force since April 2011, a nuclear facility shall be decommissioned directly after final shutdown. The Dodewaard NPP, which was brought into a state of safe enclosure in 2005, is excluded from this requirement.

:Decommissioning implies the implementation of all administrative and technical measures that are necessary to remove the facility in a safe manner, and to create an end state of ‘green field’. Therefore, during the operational phase, the licence holder is required to develop a (preliminary) decommissioning plan describing all the necessary measures to safely reach the end state of decommissioning, including the management of radioactive waste, record keeping and so on. This decommissioning plan shall be periodically updated every five years and shall be approved by ANVS. The decommissioning plan eventually becomes part of the decommissioning license.

During decommissioning, the licence holder is required to store records of the decommissioning, the release of material and the release of the site. At the end of decommissioning, the licence holder can apply for withdrawal of the licence, after presenting an end report to the authorities proving that the decommissioning was completed. After withdrawal of the licence, records on the decommissioning will be stored at COVRA.

The decommissioning plan serves as the safety basis for all the activities carried out during the decommissioning phase, and it provides the basis for the financial security plan. The Nuclear Energy Act requires the licence holder to have a secure financial provision to cover the costs of decommissioning, which will have to be updated and approved by the authorities at least every time the decommissioning plan is updated (or when the authorities ask for an update). The licence holder is in principle free to choose the form of the financial provision. The financial security plan shall also be approved by both the Minister of Infrastructure and Water Management and the Minister of Finance in order to assess whether the financial provision offers sufficient security that the decommissioning costs are covered at the moment of decommissioning. The licence holder is obliged to act according to the decommissioning plan and the financial security plan including all the provisions for the decommissioning costs.

Decommissioned installations

The Dodewaard NPP is the only Dutch nuclear facility that is in a state of decommissioning. The Dodewaard NPP was shut down in 1997 after 28 years of operation. It is now in a state of safe enclosure. As of December 2010, the business activities of the low flux reactor at Petten have stopped. In 2018 the complete decommissioning of the low flux reactor to green field was finished according to plan.

NRG is the national nuclear research centre of the Netherlands. See above.

Two projects are currently under development that will add value to nuclear R&D in the Netherlands: PALLAS and OYSTER. The PALLAS project is aimed at the construction of a new multipurpose reactor that should replace the HFR in Petten. The PALLAS reactor is intended for the production of medical radioisotopes, for nuclear research and irradiation services.

TU Delft operates a 2 MW research reactor (Higher Education Reactor, HOR) for educational purposes at the Reactor Institute Delft (RID). HOR is used for research on reactor physics, neutron beam physics, radioisotopes and radiochemistry. With the OYSTER programme, RID can continue to address fundamental research questions from the market and the scientific community in the fields of health, sustainable energy and material research. Since the start of OYSTER, a number of unique new instruments have been realized. With the neutron diffractometer PEARL, scientists from the Netherlands and abroad can carry out energy research into, for example, hydrogen storage and new battery materials. In addition, the flexible irradiation facility is being used for new production routes for medical isotopes. In December 2018, the CNS cooling building was almost ready for use. This building has significantly increased and expanded the potential for radiation-related scientific research and innovation in the areas of health, sustainable energy and materials. The broad area of application ranges from medical isotopes for diagnosis and treatment of cancer, to batteries, solar cells and improved types of steel.

The National Institute for Public Health and the Environment (RIVM) protects and promotes human health and environmental quality. It acts as the Dutch Government’s main centre of expertise in radiation protection, especially regarding the potential effects in case of nuclear incidents and accidents. See Section 3.1.1.

See above.

ANVS participates in a number of international coordinated research activities to support its regulatory functions. Currently, the three major areas are fire safety, ageing management and severe accidents.

Nuclear technology

Since the early days of the Netherlands’ nuclear programme, international cooperation has been considered a necessity. From the joint exploitation of the Halden research reactor (together with Norway) in the 1950s and 1960s, to the present day Urenco cooperation in uranium enrichment, Dutch nuclear activities have been undertaken in close cooperation with other countries. A strong interest in multilateral cooperation on nuclear energy matters within intergovernmental organizations complements the Government’s orientation towards practical cooperation with others.

Nuclear safety

The Netherlands is represented on relevant boards and/or committees/working groups under the supervision of major organizations such as the EU/Euratom, European Nuclear Safety Regulators (ENSREG), Western Europe Nuclear Regulators Association (WENRA), Organisation for Economic Co-operation and Development/Nuclear Energy Agency (OECD/NEA) and IAEA. The Dutch input at the international level focuses on active participation in activities and initiatives aimed at improving radiation protection and nuclear safety and security worldwide. Our available knowledge and experience are deployed in order to make an active contribution.

The Netherlands also has tight relations with its two main neighbours Belgium and Germany through annual and other meetings.

European and international guidelines are followed in the development and design of the radiation protection, nuclear safety and security policy, the relevant legislation and the regulation thereof. The requirements regarding radiation protection, nuclear safety and radioactive waste and spent fuel management under the Euratom Treaty and its directives have been transposed into Dutch legislation. A number of international treaties have been ratified by the Netherlands (Appendix 1).

In addition to these requirements, the Netherlands also abides on a voluntary basis by various internationally accepted principles, recommendations, practices and agreements drawn up under the auspices of the IAEA and WENRA.

The Netherlands participates in or invites international peer reviews during which the safety and security of the nuclear installations, national practices, policies, legislation and/or regulation are compared with international standards (often IAEA and WENRA standards). An example is the peer review of the so-called stress test analyses of the European nuclear facilities, the ensuing national action plans and several activities (within a European framework) following the stress test. The Dutch policy on nuclear safety and on the management of radioactive waste and spent fuel is also periodically assessed within the framework of the Convention on Nuclear Safety or the Joint Convention Treaty, respectively. Also for security the Netherlands participates actively in the international community.

At least once every 10 years, international assessments of the nuclear legislation and governmental organization are required by European legislation (e.g. the Integrated Regulatory Review Service (IRRS), ARTEMIS). The first IRRS was in 2014. In 2018 a follow-up mission took place. As part of the Dutch regulatory strategy, international peer review missions (e.g. IAEA missions) are regularly invited to review the safety the Dutch nuclear facilities. Recent examples are missions of the Operational Safety Review Team (OSART) in 2014 with follow-up missions in 2016 and 2017; Integrated Safety Assessment for Research Reactors (INSARR) missions in 2016 with a follow-up mission in 2019; and Independent Safety Culture Assessment (ISCA) peer review missions to the Borssele NPP in 2014 and NRG in 2017.

The Netherlands participates in international reporting systems (e.g. Incident Reporting System (IRS) of the IAEA/NEA) used to systematically collect and analyse data on malfunctions, abnormal events, etc. The information on international experiences thus obtained can be used by the licensees and the Government to improve safety.

The policy and legislation for the transport of radioactive and fissionable materials and ores is almost entirely based on international agreements. This is due to the fact that much of this transport crosses national and EU borders.

Regulatory body and ministerial responsibilities

The competent regulatory authority, or RB, is the authority designated by the Government as having legal authority for conducting the regulatory process, including issuing authorizations, supervision and enforcement, and thereby regulating nuclear safety, radiation protection, radioactive waste management, transport safety, nuclear security and safeguards.

The RB consists of one large entity, ZBO, with its own legal authorities (ANVS) and several smaller entities. ANVS became a ZBO in August 2017 with the necessary amendment of the Nuclear Energy Act and subordinate regulations. ANVS has a staff of approximately 140. ANVS oversees several tasks regarding nuclear safety and associated emergency preparedness, radiation protection, security and safeguards (as prescribed by the IAEA).

The tasks of ANVS by or under the Nuclear Energy Act are:

1. Supervising and enforcing compliance with requirements by or under the Nuclear Energy Act;

2. Advising on policies and acts and regulations;

3. Informing interested parties and the general public;

4. Participating in relevant activities of international organizations, as far as related to tasks related to the Nuclear Energy Act;

5. Maintaining relationships with comparable foreign authorities and relevant national and international organizations;

6. Supporting national organizations with the provision of expertise and knowledge;

7. Undertaking research in support of the implementation of its tasks.

The RB is complemented with some smaller entities at other ministries. However, the tasks related to nuclear safety and security are within the scope of ANVS only. Apart from ANVS, most entities of the RB employ only a very limited number of staff for tasks related to the Nuclear Energy Act. All entities operate under responsibility of their respective ministers. The following table presents the responsibilities of the various ministers regarding the various areas of interest.

In addition to day-to-day contacts between the entities of the RB, a Cooperation Agreement for Radiation Protection was set up in 2017, signed by ANVS and the policy departments and inspectorates of other ministries, which have tasks under the Nuclear Energy Act in the area of radiation protection and so are part of the Dutch RB. The cooperation agreement describes the interaction, communication and cooperation between different parts of the RB in the area of radiation protection. Besides the Cooperation Agreement for Radiation Protection, a covenant was concluded in summer 2018 between ANVS, the Minister of Infrastructure and Water Management, and the Minister of Finance regarding the legal tasks of ANVS that are conducted by the Customs Office.

Supporting organizations

The RB can rely on various national and foreign organizations that regularly provide technical support. In this section, the most important ones are introduced.

1. Governmental supporting organization RIVM:RIVM is a specialized Dutch Government agency. Its remit is to modernize, gather, generate and integrate knowledge and make it usable in the public domain. By performing these tasks, RIVM contributes to promoting the health of the population and the environment by providing protection against health risks and environmental damage.:RIVM, among other tasks, coordinates the Radiological and Health Expertise Network (RGEN), as part of the National Crisis Expert Team (radiation and nuclear). RGEN is a network of knowledge institutes that reports on the radiological and health consequences of nuclear and other radiation incidents. Furthermore, RIVM supports the ministries with scientific studies and independent analyses of samples of emitted radioisotopes. RIVM also maintains the National Radioactivity Monitoring Network, which includes a network of measuring posts. RIVM works together with other (governmental) expert organizations such as the Royal National Meteorological Institute (KNMI) with models for the prediction of the effects of discharges of radioactive material in the air.

2. Technical support organizations:To date, there is no national dedicated technical support organization (TSO). Organizations are contracted on an ad hoc basis to support the RB with various tasks. Support to the RB is provided by foreign TSOs and national and international consultancy organizations. Some major supporting organizations are listed below:

1. GRS (Gesellschaft für Anlagen- und Reaktorsicherheit, Global Research for Safety) is a TSO from Germany that cooperates with the Dutch RB. It is also a TSO for the German national regulator and one of the large German TSOs. In the Netherlands, it evaluates safety cases and provides other types of consultancy to the RB. In addition, GRS provides associated education and training for governmental and commercial organizations. GRS currently has a major framework contract with the RB.

2. NRG in Petten and Arnhem provides consultancy and educational services to the Government and industry. The company has implemented ‘firewalling’ procedures to protect the interests of its various clients and to avoid conflicts of interest. NRG is also a holder of a licence given by ANVS. NRG currently has a framework contract with the RB.

3. Education and training organizations :RID at TU Delft provides education and training in nuclear technology and radiation protection. For education on radiological protection and for dedicated training, the RB also contracts with universities, institutes and TSOs such as NRG and GRS.

Principal responsible authority

According to the Nuclear Energy Act, ANVS is the RB for nuclear safety, radiation protection and security. Its tasks include issuing licensing authorizations and providing supervision and enforcement, thereby regulating nuclear safety, security, radiation protection, radioactive waste management and transport safety.

The Nuclear Energy Act stipulates that a licence must be obtained to construct, commission, operate, modify or decommission an NPP. Similarly, it states that a licence is required to import, export, possess or dispose of fissionable material. The proper management of the (nuclear) licensing process is tasked to ANVS.

Procedures

The procedures to obtain a licence under the Nuclear Energy Act (and other acts) follow the rules specified in the General Administrative Act. These procedures provide for public involvement in the licensing process. Stakeholders are entitled to express their views regarding a proposed activity. The RB shall take note of all views expressed and respond to them with careful reasoning. If the reply is not satisfactory, the RB can be challenged in court.

Coordination Law

For projects related to large scale energy generation, a special Coordination Law applies. Large scale projects that could be impacted by this law are, for instance, the construction of power plants with electrical power greater than 500 MW(e) and investment in the power grid. The Coordination Law assumes the involvement of the Ministry of Economic Affairs and Climate Policy (EZK) with such large projects, with EZK coordinating between all authorities involved, each of which will perform its duties. Typical of such projects is the involvement of many levels of governmental organizations, from the ministries down to the municipal level.

EIA, safety assessment and processing comments of stakeholders

The Environmental Management Act distinguishes between activities that are subject to an EIA requirement and activities that are subject to an EIA review requirement.

• Activities subject to an EIA requirement. For some activities for which a Nuclear Energy Act licence is necessary, the Environmental Impact Assessment Decree indicates that an EIA is required given the significant damaging environmental impact these activities could have.

• Activities subject to an EIA review requirement. For other activities for which a Nuclear Energy Act licence is necessary, ANVS as the competent authority must, in accordance with the Environmental Impact Assessment Decree, first review whether these activities could have a significant damaging environmental impact because of the special circumstances under which they are carried out.

The EIA review can have two outcomes: an EIA is either necessary or not necessary. Because an EIA review is a formal procedure, the outcomes of the review are formally published, and the decision is announced publicly.

It is conceivable that a proposed activity could have a significant environmental damaging impact in another country. If so, ANVS informs these countries before the EIA procedure regarding the proposed activity starts. ANVS involves the administrative bodies and citizens of those countries on equal terms with the Dutch administrative bodies and citizens in both the EIA review and the licensing procedures.

Prior to the formal licence application, ANVS and the initiator enter into a stage of informal dialogue. In this dialogue the draft of the application, the EIA (if applicable) and the Safety Assessment Report are reviewed. The licence applicant submits the formal application, the documents (including the EIA, if applicable) and all necessary information.

ANVS assesses the application and draws up a draft decision. Thereafter the public might express its view on the draft decision and, if applicable, on the EIA. ANVS will consider all views expressed by the public and will respond to all unique views. All responses will be added to the documentation of the definitive licence. Common responses of ANVS include elaborations on policy, (assessment) techniques or other issues that need clarification.

Furthermore, the applicability and enforceability of the licence is evaluated by the inspectors of ANVS. After this, ANVS draws up the final decision about the licence, taking into account the submitted views. Finally, interested parties can lodge an appeal at the Administrative Law Judicial Division of the Council of State.

Licence conditions

The national legislative framework provides the generic nuclear safety and radiation protection objectives that apply to all nuclear installations. Specific requirements, tailored to the characteristics of the installations, are included in the licence.