Source: https://wetten.overheid.nl/BWBV0002665/1992-06-15
Decision (M(84)16) of the Committee of Ministers of the Benelux Economic Union on consultation and cooperation in the preparation of decisions regarding permits for groundwater abstractions with potential transboundary effects
The Committee of Ministers of the Benelux Economic Union,
Having regard to Articles 2 and 3 of the Benelux Convention on Nature Conservation and Landscape Protection, M (81) 4 signed in Brussels, entered into force on 8 June 1982 and 1 October 1983, and having regard to Article 8 of the Treaty ,
Having regard to the Decision of the Committee of Ministers of 17 October 1983 on mutual assistance for the assessment of damage caused by transboundary effects of groundwater abstraction, M (83) 26,
Considering that the Consultative Inter-Parliamentary Benelux Council on 14 June 1974 recommended to the three Governments to avoid possible damage to agriculture as a result of drinking water supply,
Considering that during the Third Benelux Governmental Conference, held in Brussels on 20 and 21 October 1975, it was decided that consultation and cooperation on groundwater extraction in the border areas must be seen as a concrete objective for an active Benelux policy,
Whereas, in the context of that objective, it is necessary to agree on how to act when it concerns the preparation of decisions on permits for groundwater abstractions with potential transboundary effects,
Has decided the following,
Article 1
If an application has been submitted for a permit for groundwater extraction that is greater than 1,000 m 3 per day or 200,000 m 3 per year and due to the size and location of that extraction, it can be expected that the groundwater reserves will be in one on the other side the area situated at the Belgian-Dutch border, the authority responsible for the investigation will consult with the authority responsible for water policy in that area as soon as possible after receipt of the application, in order to give it the opportunity to his area to investigate.
Article 2
The authority referred to in Article 1, which is competent for the area on the other side of the Belgian-Dutch border, will also be asked, within a period to be set by the authority charged with the investigation, regarding the amount specified in the license. conditions to be taken to protect agriculture and nature and to advise on the above-ground properties.
The authority in charge of the investigation will take into account the advice issued to it in good time in its considerations regarding the application.
Article 3
If, on the basis of the applicable legislation and / or regulations, a technical report on the consequences of the groundwater extraction must be submitted with the application, or must be issued as a result, the competent authorities shall provide each other with the necessary cooperation, including by providing the data required to prepare the report.
Article 4
1.If there is a difference of opinion between the authority responsible for examining the application and the authority responsible for water policy on the other side of the Belgian-Dutch border about the meaning that should be assigned to a report accompanying the application submitted or issued afterwards, the first-mentioned authority will request the opinion of the Joint Damage Commission, as provided for in the Decision of the Committee of Ministers of 17 October 1983 on mutual assistance for the assessment of damage caused by transboundary effects of groundwater abstraction, M (83) 26. The advice will be issued within the time limit to be set by the competent authorities.
2.For the purpose of an opinion to be issued pursuant to paragraph 1, the competent authorities shall make the assistance of the technical services under their responsibility available to the Commission.
Article 5
1.This Decision shall enter into force on the date of signature.
2.Within six months of that date, both Governments shall report to the Committee of Ministers on the measures taken to implement this Decision. The text of each country's implementing measures will be attached to this report.
DONE at Brussels, this 12th day of December 1984.
The Chairman of the Committee of Ministers,
(Signed) L. TINDEMANS
