New guidelines for transferring nuclear licences

The ANVS has published a new set of Guidelines pursuant to Section 70 of the Dutch Nuclear Energy Act for nuclear facilities. In the Guidelines, we outline the circumstances when a licence issued pursuant to the Nuclear Energy Act may be transferred to another organisation. Approval for the transfer is given only if the new party is competent, reliable and financially stable. In this way we safeguard nuclear safety.

Clarity on approach

Guidelines are informative documents published by the ANVS in which we provide insight into our position and processes regarding certain matters. We also explain how we translate the legal provisions into actual practice. The Guidelines pursuant to Section 70 of the Dutch Nuclear Energy Act for nuclear facilities (in Dutch) set out:

  • details of how the ANVS handles the transfer of licences issued pursuant to the Nuclear Energy Act;
  • the requirements that must be met by the new licence holder on the transfer of a licence;
  • definitions of the terms ‘competence’, ‘reliability’ and ‘solvency’ (financial health) in case of a transfer.

These guidelines are intended to offer transparency and support, providing clarity to organisations on our process when they apply for a licence transfer.

Assessment of the new organisation

A licence issued pursuant to the Nuclear Energy Act is personal to the holder. The transfer of a licence by an organisation to another party results in a change of licence holder. The licence issued pursuant to the Nuclear Energy Act itself does not change, since it has already been approved and issued. The licence may therefore be transferred without the need for a new licensing process. This means that in the event of a transfer, we conduct an assessment of the new licence holder: do we think this organisation can maintain high standards of nuclear safety?

Safety first

Guidelines promote safety due to the practical support that they can provide. However, guidelines do not have legal force, meaning their provisions are not mandatory. Therefore, while licence holders can adhere precisely to our guidelines to safeguard nuclear safety, they may also propose a different approach or solution in certain cases. Provided they clearly demonstrate that their proposal maintains safety standards. This is subject to our continuous assessment.