Optimisation permitting procedure for mining chemicals under the Dutch Mining Law and aligned with REACH.
Under the operational chemical management framework agreement, we supported NOGEPA (Taskforce Chemicals) and the State Supervision of Mines (SSM) as competent authority for the upstream production of natural gas and crude oil to optimise the implementation of some legal requirements from the Dutch Mining Law (“mijnbouwwet”) and REACH.
Operators in the upstream production of natural gas or crude oil (onshore / offshore) must complete a permitting procedure of the mining chemicals used in line with the Dutch Mining Law.
In 2012, the SSM in contact with NOGEPA did introduce a pilot project to combine the permitting procedure under the Mining Law with required communication with the Suppliers of the mining as envisaged to be required from the REACH Regulation. These REACH Status checks must be documented in a very detailed additional Annex 1B to be enclosed to the permit. All stakeholders (Operators, Suppliers and Inspectors) were struggling with the operational implementation of this combined implementation of the permitting procedure and REACH.
In 2013, Jongerius Consult evaluated the pilot results and in close contact with all Stakeholders (NOGEPA for the Operators, EOSCA for Suppliers and SSM) an optimised aligned permitting process from the Dutch Mining law and REACH was worked out. This resulted in one combined Annex to be enclosed that was focussing more on the key data of the products and verification of the Compliance status of the relevant legal frameworks (REACH, Biocides and OSPAR for the offshore production) between the Stakeholders. Since 1-1-2014, the stakeholders are working with this optimised permitting process to obtain a permit under Dutch law (see details on SSM website)
In parallel, a NOGEPA Chemicals Management Tool was developed to support the Dutch Operators with the REACH Compliance checks (see details other reference).