By registered mail with reception affirmative.

Sint Oedenrode, 29 May 2006.

To:  Commission of the European communities

                                                                      Regarding the Secretary-General

                                                                       B-1049, Brussels

Belgi?span >

Open complaint

Our characteristic: SBN/SBL/290506/KL

Concerns:

-          Foundation social database the Netherlands, Gasthuislaan 22.,6883 JD at Velp

-          Foundation to conservation environment Buggenum, Haelen, Horn, Nunhem and nearest surroundings, Holstraat 17.,6082 BA Buggenum.

-          J. Hoebers, Haelenerweg 9.,6082 AA Buggenum.

-          J. Rulkens, Dorpsstraat 94.,6082 SLEIGH Buggenum.

-          P. Topeeters, Neel Doffstraat 18.,6082 AE Buggenum.

-          H. Slabbers, Galgenberg 35.,6082 AZ Buggenum.

-          L.G.G.M. Mom, mount street 13.,6082 AJ Buggenum.

-          H.P.J. Fishermen, Holstraat 6.,6082 BC Buggenum.

-          A.M. Schreuder, Thorbeckestraat 24.,6042 CR Roermond.

-          J. Schuermans, Roermondseweg 92.,6081 NW Haelen.

-          C.J. Schreuder, Eikendreef 23.,6081 EA Haelen.

-          C.J.M. Wijers, Poelakkerweg 3.,6082 NC Buggenum.

Complaint at the commission of the European communities because of not complying with the Community law by presenting this complaint (seen the seriousness of the summary offences) to Member State the Netherlands with the request as soon as possible for appraisal to the European Court of Justice in Luxembourg. Tevens a request to taking an arrangement where Nuon, Essent and other involved ventures by Member State the Netherlands supplied financial aid measures must pay back because that incompatible is with the EC-Treaty 

Dear members of the European Commission

On behalf of opgemelde foundations and persons, hereafter to call: apple alleys,

to let we you our complaint belong to against Member State the Netherlands because of not complying with the Community law with the request this present complaint (seen the seriousness of the summary offences) as soon as possible for appraisal to the European Court of Justice in Luxembourg.

Description of the complaint, tevens request to taking an arrangement because of Nuon, Essent e.a. obtained aid measures which are incompatible with Eg-Verdag   

On 11 January 2002 the ministry of volkshuisvesting, spatial scheduling and environment management (vrom) have determined the design rural detritus management plan (RAG).

At letter dd 26 February 2002, characteristic: SDN/26022/LAP/is, we have swiftly given to social database the Netherlands our participation response on behalf of the foundation, then (to see production I) (46 pagina.s).

We request you take knowledge of here as repeated and inserted the contents and those contents to consider.

In that participation response we have announced the minister of vrom that on p. 265 (part 2 sector plans) chapter 13 (construction - and demolition detritus and with that similar waste products) under point 4.5.2 (be - and processes) the following minimumstandaard prescribed (read below) no minimumstandaard is.

MINIMUMSTANDAARD

The minimumstandaard for onbehandeld (A-hout), painted, enamelled and verlijmd wood (B-hout) useful application is. For Cc-hout and gewolmaniseerd wood Cca-hout the minimumstandaard useful application with hoofdgebruik are as fuel. Processing in the form of material - or product reuse has not been permitted for this waste product.

Considerations at determining the minimumstandaard.

-          on the existing practice and are with that feasible, company-certain and cost effective connect the declared minimumstandaard.

-          layer-worthier manner of is process from the environment viewpoint undesirable. Because of the presence of heavy metal in Cc-en Cca-hout are a more high-quality manner of to process also undesirable.

-          the level of processing that in the minimumstandaard has been fixed corresponds to the gangbare manner of processing abroad.

In that participation response dd 26 February 2002 we have announced the minister of vrom that this way the be - and processing of construction - and sloophout, among which CC - and Cca-gewolmaniseerd wood, he is correctly busy with uncontrolled in expressly water, floor and ventilate bring of millions kilogrammes black list substances, among which arseenzuur, chroomtrioxide, PAK.s, pentachloorfenol, dioxins etc. etc.

In that participation response dd 26 February 2002 we have made the minister of vrom expressly tevens recognizable that for the be - and processing of this construction - and sloophout really minimumstandaard exist, namely know: the technologytechnology technology of Edelchemie at Panheel and that these minimumstandaard by the ministry of vrom have been recognised (stands on video) and that this is very well confessed at him.

We thus have expressly requested the minister of vrom this prescribe technologytechnology technology as minimumstandaard and then ontwerp-LAP to adapt. To this request the minister of vrom never substantive and he has reacted ontwerp-LAP then also has not adapted.

In that participation response we have announced the minister of vrom that on p. 260 and 261 (part of 2 sector plans) chapter 13 (construction - and demolition detritus and with that similar waste products) of ontwerp-LAP in this the class indicated classification of:

-          A-hout (is onbehandeld wood)

-          B-hout (has been painted, enamelled or verlijmd wood)

-          C-hout (is verduurzaamd Cca-hout and Cc-hout)

not in score and on the basis of the following 4-tal facts can remain:

1)       Cca-hout contain 2000 and 2600 the mg/kilogramme arseen between, between 1300 and 4800 the mg/kilogramme chromium VI and between 800 and 2600 the mg/kilogramme purchaser and must in pursuance of the European waste product list (EURAL) as dangerous detritus be removed and process.

2)       At the detritus stage zo.n 50-80% of Cca-hout have been enamelled the overgeverfd or, with which by a painting - or lake layer betreffend C-hout has been transformed to B-hout.

3)       At the detritus stage remaining Cca-hout have that overgeverfd have not been enamelled or, as a result of verwering, a similar grey colour as onbehandeld wood, with which by verwering C-hout have been transformed to A-hout.

4)       Grind with the vershrederen/of afvalhout from to build demolition detritus the invisibly dangerous detritus part (Cca-hout and Cc-hout) it is diluted with the also invisibly not dangerous detritus part (onbehandeld wood). This way diluting enormous large quantities of dangerous detritus (millions barrels per year)  to under the border of dangerous detritus has been prohibited legally.

On the basis of aforesaid 4-tal facts the department administrative law speech of the Council of State has no.s F03.98.0171, F03.98.0179, F03.98.0180, F03.98.0181, F03.98.0182 about this at pronouncement, F03.98.0183 and F03.98.0184 on 19 augusts 1998 litterally the following decided:

from expert bulletin brought out by the foundation advice administrative law speech has proven to be that verduurzaamd wood visually cannot of onbehandeld be distinguished wood..

Member State the Netherlands refuses already as from 19 augusts for 1998,8 years) its legislation to this conclusion and pronouncement of the department administrative law speech of the Council of State adapt that it has been founded scientifically with, in an expert report, research laid down of the foundation an advice administrative law speech.

Ours on behalf of the social database the Netherlands (SDN) done participation response dd 26 February 2002, as above described, to ontwerp-LAP have not been taken along by our responsible minister of vrom in the definite rural detritus mastering plan 2002-2012 (RAG).

If actual onderbouwing for hereafter the coming response finds you added:

-          submitted as a production II (113 pagina.s ) a duplicate of ours on behalf of apple alleys notice of appeal dd 5 March 2006 (characteristic: SBL/050306/B), more closely motivated at letter dd 6 April 2006, to the department administrative law speech of the Council of State, which has been handled under number: 200601763/1/M.1

-          as a production III (5 pagina.s) the pagina.s 1,32,41,42 and 51 from the construction regulation Heythuysen 2005

-          as a production IV (36 pagina.s) our letter dd 21 April 2005 (characteristic: SBL/30123/B), with associated 9-tal appendices, to the President of the department administrative law speech of the Council of State, sector environment, regarding Mr. Th.G. Drupsteen.

-          as a production V (3 pagina.s) the pagina.s 1.64 and 65 from by gedeputeerde the states of limburg laid down by order of 11 November 2003, characteristic: 2002/13207, granted environment license to Nuon Power Buggenum LTD

-          as a production VI (3 pagina.s) the modification application with appendix I dd 24 March 2005, number: BKM41576/Jpa/Ibo, of Nuon Power Buggenum LTD to gedeputeerde states of limburg.

-          obtained as a production VII (4pagina.s) Article green flow of the general Court of Auditors, on 26 May 2006 of Internet.

-          obtained as a production VIII (2pagina.s) the tasks and names of the members of the administrative rural consultation environment maintaining (BLOM), on 26 May 2006 of Internet.

-          as a production IX (3 pagina.s) the pagina.s 1.2 and 22 from the rural maintaining programme 2005 intervention strategy construction - and demolition detritus (BSA). dd 4 July 2005 of the administrative rural consultation environment maintaining (BLOM).

-          state support in favour of CDA compact Disc AlbrechtsGmbH, implemented as a production X (17 pagina.s) the arrangement of 21 June 2000 concerning by Germany, Thuringen of the Commission of the European communities, official journal L318/62, p. 62 till 78.                                                                               

We request you take knowledge of the contents, which contents here repeated as and inserted to consider and entirely to take along in your decision.   

That on the bouwplaats it visually verduurzaamde construction not to separate - and sloophout under the code-numbers: 170204 * must be removed or  200137 * in pursuance of the European Eural as dangerous detritus and processed the ministry of vrom note has calculated bene themselves. If actual proof finds for that added 9-tal on this is related pagina.s from the handreiking Eural of august 2001 of the ministry of vrom (to see production 3 behind production II). If conclusion stands litterally in this the following written:

on the basis of the available information are concluded that the waste product cCA afvalhout.. if dangerous detritus must be classified in accordance with the Eural dependent of the origin of this waste product can the flow be encoded as 170204 * or 200137 *..

These Eural have become effective in the Netherlands by 1 January 2002 where involved to companies a transitional period has been authorised to 1 January 2003. if actual proof finds you added the letter of minister J.P. pronk of vrom, concerning coming into force Eural-regelgeving, with as number SAS/2001144547, to the colleges of gedeputeerde states of the provinces and to the colleges of burgomaster and aldermen of the municipalities (to see production 4 behind production II). 

The Dutch municipalities Vng-model have taken over the construction regulation, this way also the municipality Heythuysen in the province limburg

(to see production III). In this construction regulation paragraph stands stop 1a (construction detritus) concerning written of dangerous detritus construction - and demolition detritus litterally the following under Article 4.11:

The construction detritus must be separated at the construction places at least in the following fracties:

1. dangerous waste products of chapter 17, indicated as, the waste product list belonging to the regulation waste product list (EURAL; strc. 17 augusts 2001, no.. 158, p.. 9)

In this construction regulation paragraph stands litterally 5 (application demolition license) concerning unrecognizable dangerous detritus written in construction - and demolition detritus the following under Article 8.1.2:

if on the basis of the historical use can it expect that a construction work to demolish c.q a part to demolish of a construction work has been polluted with as dangerous waste products of chapter 17 of the waste product list the waste product list European belonging to the regulation (EURAL; stcr. 17 augusts 2001, no.. 159, p. 9), a study into suspected pollution must be established be joined and must the report with the result of this research at the application of the demolition license..

In this construction regulation the following stands litterally written under Article 12.1 (indictable offences):

.Summary offence of the regulations called in Article 4.2, etc, 4.11, etc, 8.4.1, is considered as a indictable offence and is punished with detention of highly four months or money fine of the third category..

All Dutch municipalities do not maintain in construction - and demolition regulation, Eural however in accordance with, prescribed yet in accordance with of this the derogatory RAG and broken therefore himself aforesaid Article 4.11 paragraph 1a and 8.1.2 paragraph 5 from their own construction regulation, as a result of which they all demolition companies and individuals, who perform the demolition activities, indictable offences let commit such as state formulated in Article 12.1 from their own construction regulation.     

Against these, within all Dutch municipalities, committed indictable offences maintaining it is not acted because committing these indictable offences by the minister (State Secretary) of vrom from the rural detritus mastering plan (RAG), with its, of the EURAL derogatory, class classification of A-hout, B-hout and is actually prescribed C-hout.

Also the regional inspectors of vrom do not action against that maintaining. They follow, as it happens, it by their minister (State Secretary) of vrom RAG prescribed. The consequence is that whereas already more than 30 years by means of all possible canals, but especially by do itself - and farmer association shops enormous quantities CC and Cca-verduurzaamd wood have been sold, to see report Tauw/SHR dd 24 December 1999 (appendix c behind production I) and this dangerous find material in the meantime is in almost each of the millions gardens, houses and houses in the Netherlands, there at absolutely no inzamelaar of stole and bouwhout  wood are retrieve a waste stream of only importantie of CC and Cca-verduurzaamd and it will be found also in the future.

Laid down by order of 11 November 2003, characteristic: 2002/13207, grant gedeputeerde states of limburg to Nuon Power Buggenum LTD at Haelen environment license with in this taken acceptance criteria for the bijstoken of secondary fuels of which the concentration to heavy metal no less than 17 up to 1471 time is higher as in coals. As actual proof for that to consider table mentioned below (see production IV):  

In table 4.1.6 of at Wm-aanvraag the belonging MER stand the heavy metal concentrations coal burned of in the Netherlands enumerated. In table 4.1.7 of at Wm-aanvraag the belonging MER stand the up to admissible heavy metal concentrations of at vergassen secondary fuels enumerated. Table mentioned below makes the difference in concentrations clear.

Agreement aforesaid table 5.1 with table 4.1.6 from the requested and granted environment license. From that is possible but a conclusion is drawn and those sound as follows:

on the basis of the environment license granted on 11 November 2003 will be accepted by NUON biomass (detritus) of which the concentration lies to heavy metal, depending on of metal, no less than 17 up to 147a1 time higher than that on average in coals present there is. Thereby also the heavy metal Arseen (As), beryllium (Be), Cadmium (Cd), chromium VI sit (Cr), mercury (Hg), lead (Pb), tellurium (Te) and tin (Sn) that prevention on the international list of black list substances..

In the table below you find the maximale freight heavy metal for which by gedeputeerde states of limburg laid down by order of 11 November 2003 environment license has been granted to Nuon Power Buggenum LTD compared to the average freight to heavy metal in case only coals is regaled.

On the basis of the environment license granted on 11 November 2003 can Nuon Power Buggenum Ltd with far gases of secondary fuel (is detritus) on the type metal dependent no less than 9 up to 1071 time so much heavy metal to air emitteren such as on average at the vergassen of only coals. This is contrary to Article 8.11 of the law environment management.

The law does not permit that regulations are taken which aim at to increase the permitted emissieruimte.

Is actually come be certain that the environment license Nuon Power Buggenum granted on the basis of laid down by order of 11 November 2003:

-          can depending on of the type metal no less than 17 up to 1471 time so much heavy metal to air emitteren as on average at coals the case was.

-          depending on of the type metal no less than 9 up to 1071 time so much. total freight heavy metal concerning the surroundings can expel.    

It is here at good know that among other things the heavy metal arseen, mercury, chromium VI, cadmium, beryllium, tin, lead carcinogenic substances are and these bind themselves heavy metal mostly to fine substance.

With wise of above stretch of the environment license could still not the acceptance conditions described be reached for the bijstoken of diluted vershredderd and ground dangerous detritus (diluted Cca-hout and diluted Cc-hout) sloophout. That to get gedeputeerde states of limburg does not bring about the special truc has applied to take the acceptance conditions for fuels in the procedure of the environment license and to that the coupled MER (environment impact report) that to take, knowing the environment license would obtain differently never the procedural end line:

Environment license granted in laid down by order of 11 November 2003 to Nuon Power Buggenum LTD, which on 29 June 2005 at pronouncement number: 200308312/1 of the department administrative law speech of the Council of State irrevocable, has gedeputeerde has become states of limburg about this under C.9 and the C.7 following regulations has been taken

(to see production V):

C.9. Modifications of by gedeputeerde states procedures approved as meant in regulation C.7 serve for approval to gedeputeerde states to be presented.

C.7. Months at the latest three after effective of this license license keeping ASTRE must the procedures concerning acceptance and processing of secondary fuels, the administrative organisation and internal control for approval to gedeputeerde present states      

Come in on 24 March 2005 (at the province limburg registered on 29 March 2005 and under number: 05/15172) ir ask. C.F.C.M.M. Wool-delicate one on behalf of Nuon Power Buggenum LTD (with as contact ir. J.T.W. pastoors) a modification of the acceptance procedure secondary fuels at gedeputeerde states of limburg with in this the next introducing text (to consider production VI):

within the framework of the maintaining implementation programme 2004 on 3 December 2004 a systematic control has been carried out at the Willem Alexander call centre. In the control report (HMT-04-P-190-P/2) a pair summary offences is observed and be?diging of it ge?t for 1 April 2005. as a result of that has we the acceptance procedure and instructies for secondary fuels is adapted. We request, according to regulation C.9 of Wm-vergunning of 11 November 2003, for approval of the attached acceptance procedure and instructie..   

At these on 29 March 2005 application entered as bijlage I. a form in which the border of acceptance of heavy metal in secondary fuels (biomass) at modification decision of 17 January 2006 for the heavy metal arseen, beryllium, cadmium, purchaser, mercury, mangaan, molybdenum, seleen, tin, vanadium and zinc has become no less than 200 up to 1000 time higher than in laid down by order of 11 November 2003 the granted, has been added environment license which was in itself already 14 up to 1471 time higher than in coals average. For Barium, fluorine and Telluur no more borders have been incorporated in the modification decision of 17 January 2006. those substances can indefinite become bijgestookt. As actual proof for that to consider table mentioned below:

In table 4.1.6 of at Wm-aanvraag the belonging MER stand heavy metal concentrations coal burned of in the Netherlands enumerated. In table 4.1.7 of at Wm-aanvraag the belonging MER, for which laid down by order of 11 November 2003 environment license has been granted, stand the up to admissible heavy metal concentrations of at vergassen secondary fuels enumerated. In appendix I belonging to the modification application of 24 March 2005, for which on 17 January 2006 environment license has been granted,  stand the current up to admissible heavy metal concentrations of at vergassen secondary fuels enumerated.

By intercompartimentaal transport (it with rain water down turn out better than expected of the substances which to air are expelled) can these substances also a detrimental functioning exercise in a another compartiment then in which the emissie takes place and as a result the feeding for human and animal consumption is cumulatively poisoned with these heavy metal as well as the floor, surface water and (future) drinking water.

A certain fact is also that heavy metal cannot be regaled or burned. This means that all with the biomass introduced heavy metal for the full 100% becomes spreads, or it is added by means of the emission to the air or by means of the vliegas and slag that as secondary raw material to cement, asphalt, concrete, stones (green bricks), etc. with this way spreading black list substances (carcinogenic substances) overtreedt the Netherlands very expressly the European Ippc-richtlijn 96/61/EG of the Council of 24 September 1996 concerning ge?egreerde prevention and suppression of pollution, which applies also to the energy sector. 

As a result of adding among other things these vliegas to cement it has become in the Netherlands impossible buy cement in which less than 10 ppm soluble chromium VI connections sits. This in spite of the fact that Member State the Netherlands is legally obliged those have measures on the basis of the directive 2003/53/EC of 18 June 2003 of the European Parliament already as from 17 January 2005 has been found in its national law, with which has been put certain that cement contains no longer than 2 ppm to soluble chromium VI connections.

Soluble chromium VI connections which in high concentrations in biomass is present, is genotoxic carcinogeen; which meanss that the Working Conditions Act prescribes about that that each exhibition to that how small also to the source it must occur.

Adding vliegas, in which this soluble chromium VI connections to a great extent present are, to cement, asphalt, concrete etc. result in thus that the employees at (wegen)bouwbedrijven who must work with such cement, asphalt and concrete with that in serious degree the Working Conditions Act to break.

Soluble chromium Vi-verbindingen stands on the list of occupational diseases at the ministry of SZW on the list of substances which can cause profession cancers at employees. Soluble chromium VI connections can penetrate the body by means of 3-tal routes, namely to know: the breathing, the flatulence and by means of the skin. construction profession cherry gets down these substance by means of all these three routes and has a very large chance on getting an occupational disease (profession cancer) where the employer later for the high costs will have wind up. For arseen, cadmium, mercury, beryllium, lead, tin and tellurium in cement, concrete, asphalt a similar tale can be told.

We have shown obvious that these substances can become never and too never by means of temporary new construction material and applications on an uncontrolled manner (as a result of leaching and after demolition) spread in our environment. This at verbouwingen, modernisation and demolitions of those bldg. the employees all the more of concerning construction - and demolition companies will be exposed to large quantities of carcinogenic substances of which are released from concerning construction material and as such must work in fight with the Working Conditions Act. The being released puin, asphalt and stones by the owner against high costs must be removed and processed as dangerous detritus.