Questions and answers

The Supplementary Risk Inventory and Evaluation regulation is included in the Working Conditions Decree (Arbeidsomstandighedenbesluit). It can be found by clicking the following link: wetten.overheid.nl (Dutch).

The Working Conditions Regulation (Arbeidsomstandighedenregeling) lays down the specific regulations associated with the ARIE regulation. It can be found by clicking the following link: wetten.overheid.nl.

The official publication and an explanation of the regulation can be found in:

Bulletin of Acts and Decrees 2022, number 501 (Dutch)
Bulletin of Acts and Decrees 2022, number 34933 (Dutch)

All companies subject to the ARIE regulation have had to meet all the ARIE obligations as from 1 January 2024. Companies subject to the ARIE regulation must also have registered themselves as such with the Netherlands Labour Authority by 1 January 2024.

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 (Dutch) to the revised ARIE regulation.

They must then assess whether the quantities of hazardous substances exceed the threshold values. These threshold values are included in Annex І parts І and ІІ to 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.

'Quantity of hazardous substances present' means the actual or expected quantity of hazardous substances present in the company or establishment.

It refers to the maximum amount that may be or is present in a relevant containment system or at the company during normal operations. This should not only include regular business operations, but also substances that can be predicted to be present if control over the processes is lost.

The assumption must be the maximum actual or expected quantity of hazardous substances present. This can be based on historical maxima unless, of course, the company's situation has changed.

In the case of companies that are subject to the ARIE regulation, the obligations apply to all substances listed in Annex І of the Working Conditions Regulation that are or may be present, regardless of their quantities. This means that ARIE obligations apply to all installations and activities involving these substances within the company that is subject to the ARIE regulation.

A threshold of 1,500 tonnes applies to category 3 flammable substances belonging according to Annex I of the Working Conditions Regulation (Flammable liquid, B3), unless they are kept at a temperature which is above their flash point. In fact, when these substances are kept at a temperature which is above their flash point but lower than their boiling point, a threshold value of 15 tonnes applies (Flammable liquids, B2). In a situation where these substances are stored both in an unheated state and below their flash point, but are also heated above the flash point elsewhere in a process, the two should be considered separately. Specifically, the storage of this substance in terms of quantity must be tested against a threshold value of 1,500 tonnes, while the maximum quantity in the heated production process should be tested against a threshold value of 15 tonnes.

This assessment must be based on the maximum temperature the flammable liquid can reach under regular operating conditions. Historical temperature data can be used for this purpose. What is important here is not the average temperature of the substance, but the maximum.

No, the quantity of hazardous substances in the tanker making the delivery not need to be taken into account when determining whether you are required to fulfil the ARIE obligation.

However, when the tanker is to be used as stock or as part of an installation, it does have to be taken into account when determining the ARIE obligation.

As the name suggests, the Supplementary Risk Inventory and Evaluation is an addition to the mandatory Risk Inventory and Evaluation (Working Conditions Act, section 5). A company that is subject to the ARIE regulation must identify and evaluate the hazards and risks associated with major accidents involving hazardous substances.

This identification and evaluation needs to be systematic and should therefore take place using a working method and procedures which have been put in place by the company. When doing so the hazards of the hazardous substances present must first be identified for each (part of an) installation or business unit. You will then need to evaluate the risks using criteria set out in your safety policy.

There are several well-known methodologies which can be used for the RI&E, such as Hazard & Operability (Hazop) studies, the What-if method and the Bow tie analysis. Models are also available on the market that include a (non-finite) list of possible risks, which the company can use to identify the risks relevant to it and then develop them in more detail and evaluate them.

You must decide yourself which methodology is most suitable for the complexity of your company's installations and processes. The most important thing is that you identify all major accident risks and describe and embed the methodology to be applied and its implementation in your safety management system.

After you have performed ARIE, you then need to set up scenarios. You can find more information in the question below on setting up scenarios.

A company must always be assisted by an expert when it comes to introducing the ARIE obligations (Working Conditions Decree, section 2.7). An employer must be assisted with the following tasks:

• Drafting and documenting the major accident prevention policy.
• Drafting and documenting the supplementary risk inventory and evaluation, including its assessment.
• Drafting and documenting the description of scenarios.
• Drafting and documenting the safety management system.
• Drafting and documenting the internal emergency plan, including its assessment.
• The implementation of changes to an installation, the design or organisation of the company or the establishment, a process or the nature or physical form of hazardous substances, or their quantities, which may have a significant impact on major accident risks involving hazardous substances, including their assessment where applicable.

An expert must have sufficient expertise and experience. To this end this expert must hold a certificate of professional competence issued by the Minister of Social Affairs and Employment, in one of the following specialist fields:

• Occupational hygiene
• Safety and security science
• Occupational and organisational science

Such an expert is also referred to as a 'key expert'. The requirements which the expert is required to meet are included in: section 2.7 of the Working Conditions Decree (Dutch).

Seveso establishments are not subject to the expertise requirements stated in this section.

Furthermore, it is important that the expert has expertise and experience in the field of process safety.

If your company is subject to the ARIE regulation, you must document the scenarios for possible major accidents.

No minimum (or maximum) number of scenarios has been set. Indeed, the number of scenarios to be developed, depends on a variety of factors. These are affected by the following:

• The diversity in the nature and hazardous properties of the hazardous substances.
• The differences in installations and processes.
• The various causes that may lead to a loss of control over the process.

The scenarios should show that the hazards and risks associated with major accidents involving hazardous substances are adequately controlled, with both technical and organisational measures being taken.

The scenarios must also relate to the parts of installations that pose the greatest risks of a major accident occurring. The identification of the relevant parts of the installations should be based on a documented method. The description will have to consider which of the following events could trigger these scenarios in question:

• Corrosion
• Erosion
• External load
• Impact
• Excess pressure
• Negative pressure
• Low temperature
• High temperature
• Vibrations
• Human errors during use, alterations or maintenance

More information on drafting scenarios - including a template which can be used to implement this obligation - can be found in Annex G of the PGS6 (Dutch).

The safety management system (SMS) is a management system that implements the major accident risk control policy. The SMS has to be tailored to the dangers, the industrial operations and the complexity of the organisation in the company/establishment and be based on an assessment of the risks.

The system must address at least the following issues, also known as the SMS elements:

• The overall management system, which includes: the organisational structure, responsibilities, practices, procedures, processes and tools that make it possible to define and implement the major accident prevention policy.
• The organisation and staff.
• The way implementation is monitored.
• The course of action in the event of changes.
• Contingency planning.
• Supervision of performance.
• Checks and analysis.

A more detailed description of the SMS can be found in Annex Ib to the Working Conditions Regulation.

An SMS can be integrated into other management systems a company operates.

The ARIE regulation applies to employers. If there are multiple employers or companies under 1 integrated environmental permit, each employer or company must check whether they are subject to the ARIE regulation. If that is the case, the ARIE obligations will apply to that/those employer(s).

The ARIE obligations are similar to the obligations in Section 4.2 of the Physical Environment (Activities) Decree (Besluit activiteiten leefomgeving (Bal). However, Seveso establishments are subject to a number of additional obligations, namely:

High-threshold companies

These establishments may have to draft additional scenarios for ARIE substances not covered by the Seveso Directive, to the extent that the substances in question are or may be present within the establishment.

Low-threshold companies

These establishments must draft scenarios and an internal emergency plan for all ARIE substances that are or may be present within the establishment.

Furthermore, all Seveso establishments, as ARIE companies or establishments, must inform other ARIE companies and other companies in the vicinity (neighbouring companies) about the risks associated with major accidents.

A major accident - as referred to in the ARIE regulation or the Physical Environment (Activities) Decree - must be reported using the Reporting form or by telephoning 0800 51 51.

More information on reporting and workplace accident can be found at Report workplace accident.

Companies that have - or may have - hazardous substances on their premises in quantities above the established threshold values are subject to the ARIE regulation.

These threshold values are set out in Annex I parts I and II to the revised ARIE regulation (Dutch).

The same therefore also applies to Seveso establishments. Seveso establishments that are subject to the ARIE regulation are also required to register as ARIE companies with Netherlands Labour Authority.

Companies that have - or may have - hazardous substances on their premises in quantities above the established threshold values are subject to the ARIE regulation.

These threshold values are set out in Annex I parts I and II to the revised ARIE regulation (Dutch).

The same therefore also applies to Seveso establishments. Seveso establishments that are subject to the ARIE regulation are also required to register as ARIE companies with Netherlands Labour Authority.

All companies subject to the ARIE regulation must have registered themselves as such with the Netherlands Labour Authority by 1 January 2024.

Companies are expected to check whether they are subject to the ARIE regulation. Companies that are or will become ARIE companies under the revised regulation must register with the Netherlands Labour Authority as soon as possible.

New companies incorporated after 1 January 2023 should check whether they are subject to the ARIE regulation when they start trading. If this is the case, these new companies are also required to register as ARIE companies at the earliest opportunity.

Companies that are subject to the ARIE regulation must register with the Netherlands Labour Authority.

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:

Step 1: registration page

Visit the ARIE company registration page (Dutch)

Step 2: log in

• Log in via your account
  You can register by creating an account. You need to create an account for each company that is subject to the ARIE regulation. You can create the account by clicking the ‘request authorisation’ button. You will receive the authorisation by email.
• Log in via eHerkenning
  You can also log in via eHerkenning. More information about eHerkenning or on how to apply for eHerkenning can be found at eherkenning.nl. Make sure you are authorised for the right branch or Chamber of Commerce element when you apply.

STEP 3: declare hazardous substances

Once you have logged in, you will be presented with an Excel file. This is the file in which the hazardous substances (potentially) present within the company or establishment for which you are submitting a registration must be specified.

You must upload the completed Excel file at the end of the registration process as an attachment to the registration.

We recommend that you complete the Excel file prior to submitting the registration, so that the reporting process does not have to be interrupted in the meantime. You can find the upload file (Dutch) here.

During the registration process you will be presented with an Excel file. This is the file in which the hazardous substances (potentially) present within the company or establishment for which you are submitting a registration must be specified.

You must upload the completed Excel file at the end of the registration process as an attachment to the registration.

We recommend that you complete the Excel file prior to submitting the registration, so that the reporting process does not have to be interrupted in the meantime. You can find the upload file (Dutch) here.

Besides this Excel file, you can also upload other relevant information and documents with your registration, for example floor plans of the company/branch, site plans (showing where hazardous substances are stored or used) and flowcharts.

After a registration has been submitted it will be reviewed for completeness by an inspector from the Netherlands Labour Authority. If the registration is assessed as incomplete, you will be asked to supply the missing details. If the report is assessed as complete, you will receive written confirmation to this effect.

Please note you also need to give notice if a company is no longer subject to the ARIE regulation. This will avoid the company from continuing to be registered as an ARIE company. The process for doing so is as described above and once it has been completed you will again receive a written acknowledgement of receipt.

It may be that your eHerkenning account is no longer valid and has been blocked as a result. In that case you should contact your eHerkenning supplier.

An eHerkenning account is a personal account. Whether you are allowed to share this eHerkenning account is stated in the terms and conditions of your eHerkenning account provider. The Netherlands Labour Authority helpdesk has no insight into whether this is the case.

An eHerkenning account with reliability level EH3 is required to log on to the Netherlands Labour Authority portal.