The Supplementary Risk Inventory and Evaluation regulation is included in the Working Conditions Decree. The ARIE regulation applies to companies with similar risks to those designated as Seveso establishments under the Environment and Planning Decree, in other words companies working with large quantities of hazardous substances.
If something goes wrong at these companies, the consequences for the health and safety of workers can be severe.
To prevent major accidents involving hazardous substances at these companies, or to limit their consequences as far as possible, they are subject to rules that broadly correspond to those that apply to companies designated as Seveso establishments. These companies are required to carry out a Supplementary Risk Inventory and Evaluation (ARIE) and to review it periodically - at least once every 5 years.
A revised ARIE regulation has been in force since 1 January 2023. This revised ARIE regulation, including annexes, have been published at wetten.overheid.nl (Dutch).
Checking ARIE applicability
Companies must themselves check whether they are subject to the ARIE regulation.
They can do this by drawing up an inventory of which (categories of) hazardous substances they have - or may have - and in which quantities. These (categories of) hazardous substances are listed in Annex I to the revised ARIE regulation.
They must then assess whether the quantities of hazardous substances exceed the threshold values as set out in Annex I Parts I and II of the revised ARIE regulation.
If the quantities of hazardous substances exceed the threshold values, the company will be required to carry out a Supplementary Risk Inventory and Evaluation.
If the quantities of hazardous substances do not exceed the threshold values, this requirement will not apply to the company. However, the company must apply the formula set out in Annex I Part III of the revised ARIE regulation.
Who is required to register as an ARIE company?
Companies that have - or may have - hazardous substances on their premises in quantities above the established threshold values are subject to the ARIE regulation and will have to register as such with the Netherlands Labour Authority.
If an employer has several companies (branches) in different locations, a separate registration will have to be made for each company (branch) to which the ARIE regulation applies.
Suppose an employer has 5 companies (branches) in different locations. Company 1 and 3 (at locations 1 and 3) have hazardous substances on the premises in quantities which exceed the established threshold values. The company will have to submit 2 ARIE registrations, namely 1 for company 1 and 1 for company 3.
What do you have to do to register an ARIE company?
Companies that are subject to the ARIE regulation must register with the Netherlands Labour Authority. This can be done via the online registration form for ARIE companies (Dutch).
You have to log into your account or use eHerkenning and then complete the registration form for each company/branch as required. During the process you will upload a file containing all (potentially) present hazardous substances.
The various stages of the registration process for ARIE companies are as follows:
Log in with an account
Register by creating an account. Create a separate account for each company or business location subject to ARIE requirements.
To create an account, you need authorisation. If you do not yet have authorisation, you can apply for authorisation (Dutch) online.
After you apply for authorisation, we will review your account. Once approved, your account will be activated. You will then receive an email asking you to set a password.
It may take up to 5 working days to receive an authorisation code from us. You need this code to log in to the reporting platform.
Log in through eHerkenning
You can also log in through eHerkenning. For more information about eHerkenning or on how to apply for it, visit eherkenning.nl. Make sure you are authorised for the correct business location or Chamber of Commerce registration when you apply.
Once you have logged in, you will be presented with an Excel file. This is the file in which you must specify the hazardous substances actually or potentially present in the company or business location for which you are submitting a report.
Upload the completed Excel file at the end of the reporting process as an attachment to the report.
Inspection process
The inspection process for ARIE companies is similar to the inspection process for Seveso establishments, After all, the obligations that ARIE companies have to meet are similar. The following are 2 ways in which an ARIE inspection differs from a Seveso inspection: Unlike Seveso inspections, ARIE inspections are carried out exclusively by the Netherlands Labour Authority and take considerably less time.
Read more about the inspection process for Seveso establishments
Inspectors look at how ARIE companies have assessed their risks of working with hazardous substances and what measures they have taken to prevent major accidents and limit their consequences. This will also involve looking at the safety management system at ARIE companies.
Inspectors from the Netherlands Labour Authority always record their findings, including any violations they observe.
Transition period
The transition period for the revised ARIE regulation, during which companies were expected to meet the obligations of the regulation, started in 2023 and ended on 1 January 2024. All companies subject to the ARIE regulation have had to meet all the ARIE obligations as from that date.