Open letter to the members of the Council of head commissioners
IRM . . Juristen . . EU Grondwet <==> SDN . . Klokkenluider . . Jeugdzorg . . Burhoven

A perfect PR to present the police force to the Dutch citizens

 

Houses, Monday 29 May 2006

 

 

To the members of the Council of head commissioners.

P/a NPI, PO Box 219  2501 CE The Hague.

Regarding head commissioner A.J. Meijboom,

President of the Council of head commissioners (RHC).

 

 

Dear lord Meijboom,

 

With satisfaction I have seen the television broadcast of network in which their vision to the members of the Council of head commissioners (RHC) gave on developments in the society. Really a perfect PR to present the police force to the Dutch citizens and the social, checking and maintaining aspects to examine.

 

What was notable in the consultation was that it was called by the Council political expressly on the matje regarding the effective objectives of the police force action. Particularly acting the maintaining performances coupled against violence in the weekend and to that, which must become visible with arrests and voorgeleiding to the Public Prosecution Service (production volume). That gave to how unreal and opportunist the task is politically from to the service actual.

 

Toch I also a critical observation has, because I which discussion missed the causes of social luxation violently. Particularly the economic krimppolitiek of the government with economising on nearly all social cohesion promoting activities, are of the causes. Furthermore reducing the purchasing power of the lowest incomes (yes or no with work), which has damaged the chance on work in businesses seriously. This from the moreover provable foutieve vision that the national debt would have become run down to be able finance decades the demographic ageing later.

 

The functioning of the police force has been frustrated heavily by the monetary policy of the government under salmon. Particularly also by a frauduleuze squandering of the guilder against a much too expensive euro. Recently of it declaration has been done by Martin Dessing at the police forces in The Hague, like below has been reflected. It seems me thus matter this involve declaration at your consultation with political and with the Ministry of Justice to apply enforcement of the sentence law also in this matter. Because right, law and human half-measure go above rules. Opportunism at Public Prosecution Service can become put here to the jaw, particularly accepting lijken as a witness in lawsuits

 

For matter still other which asks binding maintaining and present prosecution to you, I send you a copy of the letter which 29 May 2006 by the EKC to the European Commission it has been sent today, because in the Netherlands in the field of environment -, security - and health legislation by public authorities the hand is lifted massively. Enforcement of laws must be aimed not only at ordinary citizens, but also at civil servants, public authorities and politicians who even tolerate tacitly or cover. To show the massaliteit of this summary offence of the European and national environment law you, I send you two CD-Roms which have been recently spread on the Dutch social forum with thousands.


Awaiting your react, yours sincerely,

 

 

R.M. Brockhus, 

West quay 227

1273 RJ houses

 

 




Appendices:  Declaration against drs. G. salmon

               Letter of EKC to the Secretary-General of the European Commission

               CD-Rom of SDN/Bellamy/foundation as a result of Dutch social forum

               CD-Rom of EKC with reading as a result of the discussion group environment and health

C.c. Network, e.a.

Henry George (1839-1897):The ground belongs 
to all live beings

    t 9a
    5491 XD
    Sint Oedenrode
    Tel. 0413-490387
    Fax. 0413-490386

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.

 

All detritus far workers in the Netherlands, among which Van Gansewinkel the Netherlands LTD uses dilutes betreffend dangerous detritus (invisibly Cca-hout and Cc-hout), which for zo.n 30-50% in betreffend sloophout present are, to exact under Eural-grens without for having for that a required environment license at end courts, Maarheeze and Oss, it by the minister (State Secretary) of vrom RAG prescribed and with vershreddering/crushing.

 

In spite of the science of the fact that with on this large scale dilute of dangerous detritus, without to this end the required environment license, by Van Gansewinkel and other afvalverwerkende companies serious indictable offences are not committed against that by the regional inspectors of vrom maintaining is acted. More strongly still: by this way diluting dangerous detritus without to this end a required environment license lorry cargos become, train truck cargos and scheepsladingen full with houtspaanders obtained from which always, however, a monster can be taken which correctly under Eural-grens end up. This becomes in the Netherlands as biomassa. bijgestookt in coal-stoked electricity call centres of Nuon, Essent, e.a. for the opwekking of  green flow without those electricity call centres have an environment license (and the outillage) for the bijstoken of dangerous detritus.

 

How involved governments in the Netherlands work the bijstoken of betreffend dangerous detritus in coal-stoked electricity call centres vergunningstechnisch (on paper) are realised to get, the next practice example of Nuon Power Buggenum shows LTD at Haelen.

 

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.

               

Table 4.1.6 MER

composition data

Coals average

Table 4.1.7 MER/Tab.5.1  application

acceptance criteria

secondary fuels

Concentration

acceptance criteria sec. br

Is (- - - x) coals average

 

Mg/kilogramme d.s.

 

Mg/kilogramme d.s.

 

(- - - x)

Ash

2.4

Ash

50

Ash

21 x

Ba

177

Ba

10000

Ba

56 x

Be

1.1

Be

25

Be

23 x

Cd

0.11

Cd

25

Cd

227 x

Co

5

Co

2500

Co

500 x

Cr (VI)

17

Cr (VI)

2500

Cr (VI)

147 x

Cu

11

Cu

2500

Cu

227 x

F

110

F

2500

F

23 x

Hg

0.11

Hg

5

Hg

45 x

Mn

44

Mn

10000

Mn

227 x

Mo

1.7

Mo

2500

Mo

1471 x

Ni

14

Ni

1400

Ni

100 x

OJEC

7.8

OJEC

2500

OJEC

321 x

Sb

0.5

Sb

25

Sb

50 x

Se

1.5

Se

25

Se

17 x

Sn

2.0

Sn

2500

Sn

1250 x

At

< 1

At

25

At

25 x

V

26

V

2500

V

96 x

Zn

26

Zn

10000

Zn

385 x

 

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..

 

With regard to emission of maximale freight to air gedeputeerde states of limburg have laid down by order of 11 November 2003, characteristic: 2002/13207, to Nuon Power Buggenum LTD at Haelen environment license granted in which the emission of heavy metal to air dependent on the type metal can time be no less than 9 up to 1071 higher as at the vergassen of coals. As actual proof for that to see (considers table mentioned below production VI):

 

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.

                              

P. 41 and 44

Wm-aanvraag

Requested freight

Table 5.2.2

MER

Reference coals

Permitted emissie design decision

Is (- - x) regarding coals

 

Kilogramme/year

 

Kilogramme/year

 

Kilogramme/year

Ash

404.9

Ash

28.6

Ash

    14 x

Ba

311.1

Ba

6.8

Ba

    46 x

Be

2.1

Be

0.1

Be

    21 x

Cd

3.9

Cd

0.0

Cd

    78 x

Co

179.2

Co

0.5

Co

  358 x

Cr (VI)

82.9

Cr (VI)

0.9

Cr (VI)

    92 x

Cu

381.5

Cu

2.4

Cu

  159 x

Hg

25.7

Hg

0.9

Hg

    29 x

Mn

362.2

Mn

2.3

Mn

  157 x

Mo

107.1

Mo

0.1

Mo

1071 x

Ni

10943.9

Ni

77.1

Ni

  142 x

OJEC

44.6

OJEC

0.3

OJEC

  149 x

Sb

17.1

Sb

0.5

Sb

    34 x

Se

63.7

Se

7.0

Se

      9 x

Sn

2591.1

Sn

2.5

Sn

1036 x

At

19.0

At

0.5

At

    38 x

V

55.5

V

1.0

V

    55 x

Zn

656.2

Zn

2.1

Zn

  312 x

Total

16251.7

Total

133.6

Total

  125 x

 

 

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.

 

Table 4.1.6 MER

composition data

Coals average

Table 4.1.7 MER/Tab.5.1 application

acceptance criteria in Wm-vergunning of 11 November 2003

Appendix I behind modification application

acceptance criteria in modification license of 17 January 2006

 

Mg/kilogramme d.s.

Gem are. in coals

 

Mg/kilogramme d.s.

(x) Coals gem is.

 

Mg/kilogramme d.s

(x) Coals gem is.

Ash (Arseen)

2.4

Ash

50         (21 x)

Ash

1000     (417x)

Ba (Barium)

177

Ba

10000   (56 x)

Ba

-       (indefinitely)

Be (beryllium)

1.1

Be

25         (23 x)

Be

1000     (909x)

Cd (Cadmium)

0.11

Cd

25         (227 x)

Cd

1000     (9090x)

Co (Cobalt)

5

Co

2500     (500 x)

Co

1000     (200x)

Cr  (chromium VI)

17

Cr (VI)

2500     (147 x)

Cr (VI)

1000     (59x)

Cu (purchaser)

11

Cu

2500     (227 x)

Cu

200000 (18182x)

F   (fluorine)

110

F

2500     (23x)

F

-       (indefinitely)

Hg  (mercury)

0.11

Hg

5           (45x)

Hg

1000     (9090x)

Mn (Mangaan)

44

Mn

10000   (227x)

Mn

250000 (5682x)

Mo (molybdenum)

1.7

Mo

2500     (1471x)

Mo

200000 (117647x)

Ni  (nickel)

14

Ni

1400     (100x)

Ni

1000     (71x)

OJEC  (lead)

7.8

OJEC

2500     (321x)

OJEC

1000     (128x)

Sb  (antimony)

0.5

Sb

25         (50x)

Sb

10000   (20000x)

Se  (Seleen)

1.5

Se

25         (17x)

Se

30000   (20000x)

Sn  (tin)

2.0

Sn

2500     (1250x)

Sn

1000     (500x)

At  (Telluur)

< 1

At

25         (25x)

At

-       (indefinitely)

V    (vanadium)

26

V

2500     (96x)

V

10000   (385x)

Zn  (zinc)

26

Zn

10000   (385x)

Zn

50000   (1923x)

 

 

With aforesaid actual proof material is indisputably come be certain that the current acceptance conditions for far gases of biomass in the Willem Alexander central of Nuon Power Buggenum LTD at Haelen the concentration to heavy metal which biomass has been raised with respect to coals, depending on of the type metal, step by step of 59 time to 117647 time and for 3-tal heavy metal to indefinitely. In spite of this science Dutch governments concerned far gases of sound extremely toxic and carcinogenic biomass remain  in coal-stoked electricity call centres or biomass call centres best finding for the conservation of the environment, the future health of people and the future economy.

 

Gedeputeerde states of limburg and the minister (State Secretary) of vrom brings this to in spite of their science that heavy metal cannot be burned but only and only can be spread and in spite of their science that in the indicative meerjarenprogramma environment management 1986. 1990 of the House of Commons of the staten-Generaal the Dutch government already as from 1986 has taken over the international list of black substances and has decided that in the environment bring lead, tellurium and tin of the heavy metal arseen, cadmium, beryllium, mercury, chromium VI, because of their milieuschadelijke properties has, by means of maximum source-specific treatment from the compartimenten water, floor and ventilates must be kept out.

 

Under environment harmfulness it is understood: substance properties, such as toxicity, among which carcinogeniteit, mutageniteit and teratogeniteit, afbreekbaarheid and (bio)accumulatie, which a serious risk contents (to see appendix I behind production I).

 

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.

 

From the Netherlands also large quantities of lorry cargos, train truck cargos and scheepsladingen to Germany, Sweden, Itali?Belgi?n other European countries, there betreffend are diluted dangerous detritus as biomass bijstoken in their coal-stoked electricity call centres for the opwekking of green flow for which has been supplied as from 1 July 2003 mostly in European link billion Euro.s - partly to subsidy and partly to tax measures -, to leave (to see production VII). 

 

With aforesaid fact material is certain that the European Commission borders directly or indirectly, because of its, yes or no by means of other EU countries to Member State the Netherlands billion euro.s subsidy supply for with that virtually all European directives and regulations concerning whole Europe to break, because of profits worth billions for some multinational companies and its shareholders, who with that (in the long run) millions seriously sick will burst Europeans until the kankerdood follow (to see productions 8 and 9 behind production II),

 

The persons in the Netherlands which prescribes such actions contrary with Community law are the members from the administrative rural consultation environment maintaining (BLOM) (to see production VIII)         

 

BLOM has the duty of:

-          proposals to develop for efficient maintaining of above provincial importance in the Netherlands

-          the consistency to promote in the development, implementation and evaluation of components of the enforcement policy, such as chain maintaining

-          proposals to make for improvement of manageability and feasibility of legislation

-          agreements to make concerning common priorities and for that the required capacity

-          co?ineren of maintaining efforts of the maintaining agencies

-          the co?ineren of reports concerning the maintaining of environment legislation to the European Union

 

 

BLOM is possible to this end government bodies charged with the maintaining of environment legislation asked if unasked recommend concerning:

-          the harmonisation of their enforcement policy, among which setting priorities for the maintaining of the environment legislation

-          their operational cooperation at the maintaining, among which the commitment of capacity for the maintaining of the environment legislation

-          manageability, feasibility and fraud-durable-driven of environment legislation

-          other subjects concerning the maintaining of the environment legislation

 

 

The members of BLOM are:

 

-          Mevr. S.M. Dekker, minister of Volkshuisvestiging, spatial scheduling and environment management

-          Mr. drs. P.L.B.A. of yellow, State Secretary of Volkshuisvestiging, spatial scheduling and environment management

-          Mr. Mr. J.P.H. Donner, minister of justice

-          Mr. dr. C.P. feather man, minister of agriculture, nature and food safety

-          Mevr. Drs. M.H. Schultz van Haegen-Maas Geesteranus, State Secretary of movement and water state

-          Mr. Mr. G.J.R. wool-delicate one, on behalf of Vrom-Inspectie

-          Mr. drs. P.H. Schoute, on behalf of the Union of waterschappen

-          Mr. B. Koelewijn, burgomaster Rijssen-Holten, on behalf of the Association of Netherlands Municipalities

-          Mr. C.H.J. Lamers, burgomaster of houten, on behalf of the Association of Netherlands Municipalities

-          Mr. Mr. H.A.E. Uniken Venema, on behalf of the Public Prosecution Service, Board of Procurators General

-          Mr. A. Moens, gedeputeerde province noord-Holland, on behalf of the interprovinciaal consultation

-          Mevr. Drs. J.M.P. Moons, gedeputeerde province North brabant, on behalf of the interprovinciaal consultation

 

It are aforesaid members of the administrative rural consultation environment maintaining (BLOM) the those on 4 July 2005 intervention strategy construction - and demolition detritus (BSA). have determined and under chapter 2.3.12 (AVI.s: definite disposal) for removing wood construction - and demolition detritus litterally in this have taken the following maintaining obligations (to see production IX):

 

 

intervention strategy construction - and demolition detritus (BSA)

2.3.12 AVI.s: definite disposal

 

A part of the BSA is removed to an end far worker in the Netherlands.

The not-flammable part is paid on a stortplaats; the flammable part is removed to the detritus combustion installations (AVI.s). Approximately 10% of the offered BSA are flammable. A large part of the flammable fractie of BSA exists mainly from wood. Wood exists from A-hout (onbehandeld), B-hout (painted, verlijmd wood) or Cc-hout (chemical verduurzaamd wood or Cca-hout (gewolmaniseerd wood). A-hout and B-hout can be reused. Particularly A-hout can become used at the chip plate industry as a result of which no new wood needs become used. A - and B-hout are also frequently removed for combustion, for the greater part this AVI.s or e call centres are in within - or foreign country. Combustion in an energy call centre falls under the term useful application, combustion in AVI does not fall below. The minimumstandaard for onbehandeld (A-hout), painted, enamelled and verlijmd wood (B-hout) useful application is.

 

For Cc-hout and gewolmaniseerd Cca-hout are the minimumstandaard pay. Processing in the form of product reuse, material reuse and other forms of useful application or removes by burns where diffuus distribution of in the wood present metal appears, it has not been permitted. Combustion of CC - and Cca-hout in AVI or E-centrale are undesirable concerning as a result the acting diffuus distribution of metal in the asresten. Indirect combustion in E-centrale in the form of voorgeschakelde vergasser has been, however, permitted, under condition that thereby the being released rest substances are paid. The level of processing that in the minimumstandaard has been fixed corresponds to the gangbare manner of processing abroad. A risk in this link is the mixing of CC - and Cca-hout with other types burn wood.

 

Is actually come be certain that aforesaid members of the administrative rural consultation environment maintaining (BLOM) the those with that  ministries of vrom, V&W, LNV and justice, the whole Public Prosecution Service, all Dutch vrom - inspections, all Dutch provincial governments, all Dutch municipal governments and all Dutch waterschappen represent, jointly have definitely that directives, regulations said as from 4 July 2005 in the Netherlands the all in this complaint and Treaties, among which the Eural and the EC-Treaty must be broken.

 

That State Secretary drs. P.L.B.A. of yellow two years already wide with aforesaid maintaining obligation long the European Eural intentional overtreedt and with that act deliberately in fight with the pronouncement no.s F03.98.0171, F03.98.0179, F03.98.0180, F03.98.0181, F03.98.0182, F03.98.0183 and F03.98.0184 van19 augusts 1998 of the department administrative law speech of the Council of State make our letter of 14 March 2004 about this to him kristalhelder (to see production 5 behind production II)

 

Until now, clear 2 years later, we of State Secretary P. of yolk of vrom on aforesaid letter dd 14 March 2004 still no answer have been possible receive. The cause of it must be in our opinion gezocht in the fact that it has been determined under responsibility of the same State Secretary P. of yellow RAG. 

 

It should you clear that Member State the Netherlands the class classification of A-hout, B-hout and C-hout in fight with the EURAL and the binding pronouncement F03.98.0171, F03.98.0179, F03.98.0180, F03.98.0181, F03.98.0182, F03.98.0183 and F03.98.0184 of 19 augusts 1998 of the department administrative law speech from the Council of State deliberately has do come about and that millions barrels dangerous detritus as not dangerous detritus is removed as a consequence annually, processes, without have been diluted the bijstoken to leave in Dutch, but also in the foreigner, coal-stoked electricity call centres for the opwekking of green flow those call centres have required an environment license for the bijstoken of dangerous detritus. For that Member State the Netherlands of the European Commission receives billion euro.s to government subsidy (to see production VII).

 

Member State the Netherlands makes himself with that thus very expressly guilty to subsidy fraud of billion euro.s, because of actions in fight with the directive 2001/77/EG of the European Parliament and the Council of 27 September 2001.   

 

In the directive 2001/77/EG the European Parliament and the Council of the European Union under (8) the following have considered:

 

when Member States use detritus as a energy source, must observe they the Community legislation concerning detritus management. The definition of the appendices II a leaves the application of this directive and II b of the directive 75/442/EEG of the Council of 15 July 1975 concerning waste products unimpeded. Support for renewable energy sources must be in agreement with other Community objectives, in particular with the hi?rchie of the detritus treatment.  For this reason combustion of niet-gescheiden urban detritus in future support regulations for renewable energy sources cannot be promoted if the hi?rchie would become by that promotion upsetly.. 

 

With above described bijstook of vershredderd/grind sloophout, with in this much dangerous detritus (Cca-hout and Cc-hout), coal-stoked electricity call centres of Nuon and Essent (of which the shares for 100% in the hands of the Dutchwoman provincial and local governments are), in, Member State the Netherlands has expressly acted very in fight with what above has been considered. 

 

In the directive 2001/77/EG 2 member b has litterally written to the European Parliament and the Council of the European Union under Article the following as a definition for biomass:

 

b) biomassa.: the biologically degradable fractie of products, waste products and residuen of the agriculture (including vegetable and animal substances, sylviculture and related company branches, as well as the biological degradable fractie of industrial and domestic detritus.

 

Above bijstook of vershredderd/grind sloophout described, with in this much dangerous detritus (Cca-hout and Cc-hout), satisfy in the most distant verte to this definition of biomass.

 

In the directive 2001/77/EG have the European Parliament and the Council of the European Union stands under Article 5 paragraph 1.,2.,3, 4.5 and 6 written as a guarantee of the origin of electricity from renewable energy sources litterally the following:

 

  1. At the latest on 27 October 2003 the Member States carry care that the origin of the electricity from renewable energy sources can be guaranteed in the sense of this directive as such according to objective, transparent and non-discriminatory criteria which are determined by every Member State. They take care that to this end on application a guarantee of origin is delivered.
  2. The Member States can? or more competent agencies designate, which independent are of production - and distribution companies, for the supervision of the issuing of guarantees of origin.
  3. The guarantees of origin: () mention from which energy sources electricity has been produced, with the date and place of production, and indicates in the case of water strength call centres the capacity; () the producers of electricity from renewable energy sources serve able put that to show electricity which they sell electricity from renewable energy sources in the sense of this directive is.
  4. The agreement paragraph 2 delivered guarantees of origin will exclude by the Member States as proof for the points called in paragraph 3 reciprocally must be recognised. Negative of recognition of guarantees of origin, in particular for reasons concerning fraud prevention, must rely on objective, transparent and not discriminating criteria. When recognition of a guarantee of origin is refused, the refusing party can the Commission oblige recognise the guarantee of origin, in particular concerning objective, transparent and non-discriminatory criteria on which recognition is based.
  5. The Member States or competent agencies in to appropriate regulations reach that the guarantee of origin is closely and reliable and gives report meant in in Article 3, the paragraph 3, to which measures they conduct have found to guarantee the reliability of the guarantee scheme.
  6. After consulting the Member States treats the Commission in the report referred to in Article 8 the form and methods which the Member States could observe to guarantee the origin of electricity of renewable energy sources. The Commission puts if necessary for to this end common rules the European Parliament and the Council to determine.              

 

With above bijstook of vershredderd/never grind sloophout, with in this much dangerous detritus (Cca-hout and Cc-hout), can described the origin to Member State the Netherlands guarantee.

 

Also are possible sloophout Member State the Netherlands with above described bijstook of vershredderd/grind, with in this much dangerous detritus (Cca-hout and Cc-hout), of unknown origin never reliable objective criteria to use.

 

Because the shares of Nuon for 100% in the hands of the provincial and municipal governments are (de shareholders of Nuon are the provinces gelderland, friesland, noord-Holland and the municipality Amsterdam. They love the jointly wide quarter in sum the wide 128 millions shares. The remaining part is kept by approximately 65 smaller, municipal shareholders and the province flevoland)

 

Because also the shares of Essent for 100% in the hands of the provincial and municipal governments (d eprovinces are together for 74% are shareholders of Essent: groningen (6%), drenthe (2.3%), overijssel (18%), flevoland (0.02%), noord-Brabant (30.8%), limburg (16.1%). Almost all municipalities in the called provinces and a number of municipalities in friesland are together for 26% shareholders)

 

Because virtually all municipal authorities concerned shareholders and with granting demolition licenses their own construction regulations and with that the EURAL have been broken

 

Because provincial governing boards involved large shareholders are and to themselves for that must grant environment license and by themselves against that maintaining as these regulations imposed by them will have be acted to be broken

makes clear that of an independent objective control then absolutely no talk can be.

 

In the directive 2001/77/EG the European Parliament and the Council of the European Union under Article have litterally written 6 paragraph 1, third hyphen, concerning conducted administrative procedures the following:

 

1.      The Member States or the competent agencies suitable by them assess the existing law - and regulatory framework for permission procedures or the remaining procedures of Article 4 of directive 96/92/EG which applies to installations for the electricity production from renewable energy sources in order: (- -) that to ensure the rules are objectively, transparent and non-discriminatory, and properly take into account its own character of the different techniques for reuse of renewable sources.

 

With above described bijstook of vershredderd/grind sloophout, with in this much dangerous detritus (Cca-hout and Cc-hout), Member State the Netherlands have very expressly acted in fight with this Article 6 paragraph 1, third hyphen, from the directive 2001/77/EG

 

In the directive 2001/77/EG the European Parliament and the Council of the European Union under (12) the following have considered:

 

the need of government support for renewable energy sources has been recognised in the Community framework regulation concerning state support for the environment (1), which must among others take into account the need the external charge costs of electricity production. The provisions of the EC-Treaty, in particular Article 87 and 88, remain however on such state support of application..   

 

With above bijstook of vershredderd/grind sloophout, with in this much dangerous detritus (Cca-hout and Cc-hout), Member State the Netherlands very express and abuse described have improperly used support as meant in Article 88, paragraph 2, the EC-Treaty. In this, as it happens, the following stands litterally written:

 

(Art 88, paragraph 2, EC-Treaty): If the Commission after the interested parties their observations to have urged to make, notes that an aid measure paid for by a state or with state resources, according to Article 87 not compatible is with the common market or that of this aid measure abuse is made, she stipulates that the state concerned which aid measure must raise or must modify within by its determining period.. 

 

Broken European directives said of all above, among which the Eural are, very expressly not compatible with the common market. The aid measures granted to Member State are therefore incompatible with the EC-Treaty.

 

In pursuance of the arrangement of the Commission of 21 June 2000, concerning state support in favour of CDA, implemented by Germany, compact Disc Albrechts GmbH, Thuringen (notification occurred under number c (2000) 1728) (2000/796/EG) the European Commission in a less seriously similar improper use of aid measures under Article 1.,2 and 3 has litterally given the next arrangement

(to see production X):

 

Article 2 

1.       Germany takes back the necessary measures to progress support referred to and illegitimately granted of the respective beneficiaries in Article 1.

2.       The recovery occurs in conformity with nationaalrechtelijke the procedures. To progress the amounts include interest as from the date on which the support favoured (n) has been made available up to the date of the effective repayment of it. The interest is calculated on the basis of the reference interest foot which it is used for the calculation of nettosubsidie-equivalent within the framework of regional support regulations.

3.       In this Article with begunstigden. CDA Datentr?r Albrechts GmbH and LCA Logistik Center Albrechts GmbH, it is meant as well as all other ventures, of which assets and/or infrastructure of R.E. Pilz GmbH & co. Beteiligungs kilogramme, Pilz & Robotron GmbH&Co. Beteiligungs kilogramme or Pilz Albrechts GmbH are or are transferred to get round the impact of this arrangement    

 

Article 3

Germany shares the Commission? month of as from the notification of the arrangement which measures it has taken to carry out the arrangement.

 

Article 4

This arrangement has been aimed to the Federal Republic of Germany.

Done at Brussels, 21 June 2000.

 

On behalf of apple alleys we you request to taking an arrangement in accordance with aforesaid arrangement of your Commission,

where Nuon, Essent and other involved ventures by Member State the Netherlands supplied financial aid measures must pay back to the Dutch state c.q European community because that incompatible is with the EC-Treaty. 

 

 

Conclusion 

 

From above the supplied and founded information can be made up that, because of the massaalheid and cross-border character, it for all European Member States is very important that by the Commission of the European communities above the described complaint is as soon as possible laid down for the settlement at the European Court of Justice in Luxembourg and by your Commission an arrangement is as soon as possible taken on our petition where involved Nuon, Essent and other ventures by Member State the Netherlands supplied financial aid measures must pay back to the Dutch state c.q European community because that incompatible is with the EC-Treaty. 

 

The authorisation of the foundation social database the Netherlands finds you added (to see appendix n behind production I). The authorisations of the remaining apple alleys find you added

(to see appendix 2 behind production II).

 

In case you necessary consider additional pieces or oral explanation wishes supply then its apple alleys and undersigned on behalf of apple alleys gladly prepared that to you or comment.

 

Awaiting your decision on aforesaid complaint and request to taking an arrangement we stay,

 

Yours sincerely

Ecologically knowledge centre LTD

for these

 

Ing. A.M.L. of Rooij

director

 

 

Appendices:

Production I     (   46 pagina.s)           production VI    (  3 pagina.s)

Production II    (113 pagina.s)           production VII    (  4 pagina.s)

Production III   (    5 pagina.s)            production VIII   (  2 pagina.s)

Production IV  (   36 pagina.s)            production IX    (  3 pagina.s)

Production V   (    3 pagina.s)            production  X    (17 pagina.s)