Source: https://wetten.overheid.nl/BWBV0002665/1992-06-15
Decision M(88)8) of the Committee of Ministers of the Benelux Economic Union on consultation and cooperation in the preparation of decisions important for the protection of groundwater in the border areas
The Committee of Ministers of the Benelux Economic Union,
Having regard to the Benelux Agreement on Nature Conservation and Landscape Protection, M (81) 4, especially Articles 2, 3 and 4,
Whereas it is important to create a level playing field for the protection of groundwater on both sides of the intra-borders,
Considering that it is necessary to agree on the manner in which to act in the event of decisions having to be taken that are important for the protection of transboundary water layers,
Has decided the following,
Article 1
1. The competent authority, to which an application is made for a permit for an act regulated for the protection of groundwater against pollution, must send a copy of the said application for an opinion to the competent authority on the other side of the border if this action could adversely affect the quality of the groundwater there.
2. The latter authority will be requested to issue an opinion on the granting of a permit and the conditions to be attached to it within a specified period.
The first-mentioned authority will take into account the advice issued to it on time in its considerations regarding the application.
3. If the permit has been granted, the relevant authority shall notify the authority on the other side of the border.
Article 2
If an authority responsible for the investigation for the demarcation of the zoning (groundwater protection areas) is of the opinion that, due to the presence of transboundary water layers, the area on the other side of the Belgian-Dutch border should also be included in that investigation, the competent authority there with regard to the establishment of protected zones shall cooperate by providing information about the soil conditions and the presence of factors that may influence the quality of the groundwater in the transboundary water layer and, if possible, by issuing advice .
Article 3
The authorities responsible for preparing the decisions to demarcate zoning (designation of groundwater protection areas), and determining usage regulations with regard to the water abstraction area or the groundwater protection area, will involve the authorities on the other side of the Belgian-Dutch border in a timely manner. are authorized to take similar decisions.
Article 4
1. Draft decisions or regulations, within the meaning of Article 3, which are sent for comment to advisory bodies or made available for inspection, are also sent for the same purpose to the authorities competent with regard to the other side of the Belgian -The part of the transboundary water layer situated on the Dutch border and who are therefore authorized to carry out any zoning to protect water extraction. This transmission also includes a request for timely comments.
2. The authorities referred to in the first paragraph shall send one another the decisions establishing the zoning for the protection of water abstraction in transboundary water layers and the instructions for use.
Article 5
The determination of zoning (designation of groundwater protection areas) and, in connection therewith, of instructions for use on one side of the Belgian-Dutch border, exclusively or mainly with a view to a groundwater protection area on the other side of that border, is subject to the proviso that, insofar as the restriction resulting from that determination may, under the law applicable on one side of that border, be grounds for awarding compensation to third parties, the costs thereof may be charged by the competent authority or to the beneficiary licensee on the other side of the that limit.
Article 6
If there is a difference of opinion between the authority on the one side of the Belgian-Dutch border and that on the other side of that border about the meaning that must be attached to the facts and circumstances in an opinion issued by the latter authority within the meaning of Article 1 or Article 2, a comment within the meaning of Article 4 paragraph 1, or a request for compensation within the meaning of Article 5, the first-mentioned authority will request the opinion of the Joint Damages Committee, as provided for in the Decision of the Committee. of Ministers of 17 October 1983 on mutual assistance for determining damage caused by transboundary effects of groundwater abstraction, M (83) 26. The opinion will be given within the time limit to be set by the competent authorities.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 7
If the competent authority on one side of the border suspects that the quality of the groundwater is adversely affected or affected by certain actions that take place on the other side of the border in contravention of the relevant regulations, it shall notify this. to the competent authority on the other side of the border. The latter authority will keep the other authority informed within a reasonable period.
Article 8
The competent authorities, within the meaning of Article 3, shall make further arrangements among themselves about the immediate reporting of the necessary information with regard to calamities or other unforeseen events resulting in contamination of the transboundary water layer.
Article 9
1. This Decision takes effect on the day of its signature.
2. Each of the three Benelux countries shall take the necessary measures to ensure that the provisions of this Decision are applied from the first day of the tenth month following the day of signature.
3. Within six months of that date, each of the three Governments shall report to the Committee of Ministers on the measures taken to implement this Decision. The text of the national implementing measures will be attached to this report.
DONE at Brussels this 25th day of May 1988.
The Chairman of the Committee of Ministers,
JF POOS
