Response memorandum

Views and recommendations

Draft Memorandum on the Scope and Detail of the Environmental Impact Assessment
(EIA) on Shale Gas

Plan for a structural vision on shale gas

On 18 September 2013, the Dutch House of Representatives was informed in writing that a
structural vision on shale gas would be prepared. This structural vision will be prepared in
cooperation with the Minister of Infrastructure and the Environment. The structural vision will
provide the spatial framework for the possible exploration and extraction of shale gas in the
Netherlands. Prior to the structural vision, an environmental study will be carried out to identify the
impact of shale gas on the environment in areas that may contain shale gas in underground
deposits. The results will be described in an Environmental Impact Assessment plan. In addition,
the social effects of shale gas in the transition to a sustainable energy system will be studied.
Subsequently the authorities will consider if, and if so, where, shale gas extraction can be
conducted in the Netherlands. In this respect, both studies are important building blocks.

Establishing the Memorandum on Scope and Detail

The starting point for the EIA procedure is the Draft Memorandum on the Scope and Detail
(hereinafter: the draft memorandum), which was sent to the House on 28 May this year1. This
draft memorandum has been open to public inspection from 29 May to 9 July 2014, and all parties
involved could respond. In addition, advice was sought from the administrative authorities
concerned and from legal advisors according to EIA legislation about the scope and detail of the
EIA, and the immediately relevant civil society organisations and stakeholders were asked to
respond.

During the permitted period a total of 2464 views were received, of which 839 were unique. In
addition, 336 reactions were received from authorities. All the views and reactions are contained in
4 volumes which can be consulted at www.bureau-energieprojecten.nl.

The EIA Committee (hereinafter: the Committee) was also asked to provide a recommendation on
the draft memorandum which takes into account the views and responses received. The Committee
has followed up on this and presented its recommendations on 9 September.

The last step in preparing the Memorandum on the Scope and level of Detail is this response
memorandum. In this response memorandum, the ministers concerned indicate how they deal with
the recommendations, and the opinions and reactions.

Response
The Committee’s recommendations are incorporated in essence. The Committee will however put
forward several proposals that are not related to the environmental study to be carried out. These
will be included as much as possible in the structural vision or in the Energy Report 2015. As
announced in the letter “Natural gas policy in the Netherlands”, the Energy Report will be
submitted to your House at the end of 2015.

Below I will address the key points resulting from the public comment and the way this will be
included in the follow-up procedure.

The key points are:

 Shale gas yes or no: exploration of the social impact of shale gas
 Only shale gas or also shale oil?
 Excluded areas EIA

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Parliamentary papers II 2013/14, 33 952, no. 1
  Drinking water supply
 1000 metre underground strata boundary legislation
 Cross-border effects
 Alternative model extractions: smaller or larger scale?
 Area regimes in structural vision
 Clear legislation for effective control
 Administrative and social involvement

Shale gas yes or no: exploration of the social impact of shale gas
One of the most important points of the views and reactions concerns the basic question: shale gas
yes or no. It is often pointed out that the discussion on the social impact of shale gas must be
placed in an international context. The role of shale gas as compared to sustainable energy must
also be considered. In this respect the Committee considers it very important that insight is
provided into the balance between the economic and environmental aspects at regional, national,
and – where relevant – international level. A closer look at the reference scenarios is also required.

Response
Research and consultancy firm CE Delft is exploring the social effects (also called the utility and
necessity research), which means it will analyse what the role of shale gas can be in the transition
towards a sustainable energy system by 2050. This analysis will have to be carried out in an
international context.

Two background scenarios will be used to explore the scope of the playing field. A 80 to 95%
reduction in CO2 will be the point of departure for both scenarios. One scenario will focus on fully
renewable (CO2 free) and the other scenario will focus on renewable and fossil fuels in combination
with CO2 storage (CO2 neutral). As such the scenarios will refer to the questions that came up in
many opinions on and reactions to this exploration. The target as defined in the Social and
Economic Council, or SER, agreement – 16 % sustainable energy by 2023 – is included as an
autonomous development in both scenarios. The results of the exploration will be provided in
conjunction with the EIA.

It is however most certainly not the intention to include alternatives for shale gas in the
exploration. How shale gas exploration can be fitted into a strategic and long-term vision on the
role of natural gas in our energy supply is not a subject for the structural vision on shale gas. I will
address this policy question in the 2015 Energy report, in which I will place the role and the future
of gas in a broader energy perspective.

Only shale gas or also shale oil?

Several opinions and reactions touch upon the issue of whether other types of non-conventional
mineral extraction should also be included in the EIA-plan. The Committee mentions there is a
chance other minerals will also be found, such as shale oil. It recommends including shale oil in the
EIA if the structural vision addresses this.

Response
Several experts have confirmed that in exploring and extracting shale gas, shale oil may also be
found. Shale oil will therefore be included in the EIA and in the exploration of the possible social
effects. It is expected that the impact of shale oil will be different from the impact of shale gas. A
separate model will therefore be identified for shale oil extraction. It is not currently clear which
quantities of shale oil we are dealing with. To be able to take a balanced decision about the
desirability of shale oil extraction in due course, we will now have to identify what the
environmental impact of shale oil exploration will be.

Excluded areas EIA

Another frequent topic that often comes up in the public comment is the choice for areas to be
excluded prior to further research. The Committee does not suggest to exclude more areas in
advance, but it recommends to provide a further substantiation in the EIA of the areas that are
excluded, such as Natura 2000 sites, water catchments and groundwater protection areas.
Response
The EIA will explain why several areas are excluded beforehand. It will also explain why certain
sites will be studied further. Environmental research in these areas does however not automatically
mean that the exploration and extraction of shale gas at these sites will be possible. It is very well
possible that the results of the environmental study will mean more areas will be excluded from the
exploration or extraction of shale gas. This can apply specifically to drill-free areas and areas with
fault lines. A definitive answer about the situation regarding fault-fractures will however only be
available after a location-specific study.

Drinking water supply

A large part of the opinions and reactions regards the concern for the drinking water supply and
the concerns about the use of chemicals. The Committee has included these opinions in its
recommendations to clearly define the water catchments and groundwater protection areas and to
substantiate how it will deal with the drill-free zones.

Response
In addition to the water catchments currently being used, the EIA-plan will address the strategic
ground water supplies for future drinking water abstractions and the timeframe for the impact and
restorative measures. The drinking water aspect will also be mentioned explicitly in the EIA’s
assessment framework. The legal frameworks and guiding principles of REACH and the recently
defined policy paper on drinking water will be included in this. In addition, there will be constant
fine-tuning with the underground structural vision (structuurvisie ondergrond - STRONG).
Regarding drill-free zones, the basic principle of the EIA research is that the drill-free zones
required for securing the drinking water supply are respected.

1000 metre underground strata boundary

Many opinions and reactions address the limitations underground of the excluded areas at a depth
of 1000 metres. The House of Representatives has also requested a study into whether the 1000
metre boundary will adequately rule out the risks for the drinking water supply2

Response
In consultation with the water companies, the EIA will further investigate how far the 1000 metre
boundary will be sufficient or if adaptation is required. The EIA will address the possible distances
of ground water – whether or not contaminated – to the sources of drinking water supply.

Cross-border effects
We received many opinions and reactions from Germany and Belgium regarding the possible
impact on cross-border functions and activities. The Committee would also like to focus attention
on this issue.

Response
We will identify the impact distances for the different environmental aspects. We will subsequently
look into the possible cross-border effects in the border areas. There will also be activities and
functions on the other side of the border with impact for possible drilling activities on the Dutch
side of the border. The EIA and structural vision will have to take account of this, in accordance
with international agreements and obligations.

Alternative model extractions: smaller or larger scale?

Several opinions and reactions show there is some confusion about the chosen model extraction in
relation to the model extraction taken from the report National Field Development Plan Shale Play
Noord-Brabant, Netherlands Halliburton produced in 2011 as commissioned by the European
Movement Netherlands (EBN). Regarding the correct assessment of the areas, the Committee
recommends providing insight through alternatives into the possible impact of one or more large

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scale shale gas explorations. From a spatial perspective, the alternatives focus on the scale of the
activities and environmental impact. The cumulation of effects is important here.

Response
The model exploration in Halliburton’s report is based on the situation that the exploration licence
for the Province of Noord-Brabant is used to its full extent. This is based on the maximum use of
the area with shale gas exploration. The EIA is based on a realistic – or economically viable –
model exploration including a gas treatment installation. The EIA will also look at the cumulation of
the environmental impact in case shale gas is extracted at several locations in a specific area.

Area regimes in structural vision

Several reactions and opinions require more clarity about the approach of areas where shale gas
could be explored and extracted. In its recommendations, the Committee recommends providing
more clarity regarding the scheme that will apply for the areas laid down in the structural vision. It
indicates this could concern areas where a No, a No-unless or a Yes-provided that scheme would
apply.

Response
It is not yet clear if shale gas (or shale oil extraction) is desirable in the Netherlands. We will first
have to wait for the results of the environmental study and the exploration of the social effects. If
these give reason to allow shale gas or shale oil exploration under specific conditions, the regime
as recommended by the Committee will be included in the preparations for the structural vision.

Clear legislation for effective control

The Committee recommends explaining the EIA legislation regarding shale gas and providing
insight into the decision-making procedure.

Response
As mentioned in the letter to the House of 13 November 2013, a study is currently underway into
the possible changes required in legislation to be able to better control the possible exploration or
extraction of shale gas. This research will take note of the Committee’s recommendations.
According to the planning, the adaptation of the legislation will run parallel to the trajectory of the
structural vision.

Administrative and social involvement

Several administrative parties and other stakeholders have indicated they would like to be involved
more explicitly in the follow-up procedure.

Response
Talks will be held at administrative level with the parties involved. These talks will be held with
local governments, the drinking water sector, the oil and gas sector, scientists and NGOs, but also
with our German and Belgian neighbouring regions. In the further process, these talks will be
continued. In addition, administrative dialogue will take place prior to administrative decision-
making.

Determining the Memorandum on the Scope and Detail

The draft memorandum, the recommendations by the EIA Committee, which includes the opinions
and reactions, and the response as described in this memorandum together comprise the definitive
memorandum. The Memorandum on the Scope and Detail was also prepared on behalf of the
Minister of Infrastructure and the Environment and will form the basis for the EIA.

H.G.J. Kamp
Minister of Economic Affairs