The future of nuclear energy in the Netherlands (part 5): answers regarding the extension of the operating life of the nuclear power plant in Borssele and the legal anchoring of the ANVS Guideline for the safe design and operation of nuclear installations

Answers to questions regarding the extension of the operating life of Borssele

The government intends to keep the Borssele nuclear power plant open beyond 2033 (see also our previous blog). The memorandum accompanying the report answers various questions regarding the amendment to the Nuclear Energy Act that makes this possible. The questions related, among other things, to the balance of power: who ultimately decides on the extension of the operating life? This question was raised as the current end date for the operation of the nuclear power plant, as set out in the Nuclear Energy Act, is not based on safety considerations, but on the political desire to end the generation of nuclear energy in the Netherlands. With the new bill, the government is opting for a different approach. No end date will be included in the Act; instead, it will be left to the operator to demonstrate, in the event of an application for a licence to extend the operating life, for what period the nuclear power plant can safely remain in operation. In this context, the State Secretary notes that until these feasibility studies have been carried out, no clarity can be provided regarding the possible duration. Therefore, the government has decided not to include an end date in the Nuclear Energy Act. It is it up to the Authority for Nuclear Safety and Radiation Protection (ANVS) to grant a licence, amend it, impose additional requirements or revoke the licence if safety so requires. It also monitors compliance with all safety requirements and licensing regulations. Following the legislative amendment, it is therefore no longer politicians who determine how long the nuclear power station remains open, but the safety situation.

The feasibility studies are currently being carried out by the plant operator. The results of these studies must be known by the time the application for the amendment licence is submitted to the ANVS. During the preparation of the draft bill, an environmental impact assessment (EIA Phase 1) was already carried out on the basis of the information available at that time. The draft bill and the EIA have been made available for public inspection, including in neighbouring countries. As no insurmountable obstacles were identified, the conclusion of this EIA was that environmental impacts do not constitute an impediment to granting approval for the legislative amendment. A more detailed study of the effects of extending the nuclear power plant’s operating life will follow in EIA Phase 2. Before this EIA can be executed, it first must be clear what technical and spatial measures are required to keep the nuclear power plant in operation after 2033. COVRA is already factoring in a 20-year extension of the operating life in its future plans and has sufficient space on its site for those quantities of waste.

In addition to the legal changes as included in the bill, the State Secretary points out that financial investments must be made. The extension of the operating life can only be made possible if there is a party willing and able to invest. In this context, the State Secretary notes that the current holder of 70% of the shares in EPZ – ZEH Energy B.V. – has indicated that it wishes to sell its shares in the nuclear power plant and is not prepared to contribute to the costs of the studies that EPZ must carry out in preparation for an operational life extension. On 4 July 2025, the government therefore decided to make a non-binding offer for ZEH Energy B.V. The aim is to reach a negotiated agreement before the summer of 2026. It is expected that, if a takeover does not go ahead, the current shareholders of EPZ will not commit to keeping the Borssele nuclear power station open for longer and that the power station will close in 2033. 

The next step in the decision-making process regarding the bill will be determined by the Standing Committee on Climate and Green Growth. This committee may ask further questions, schedule a legislative consultation or place the matter directly on the agenda for plenary debate.

The revised regulatory framework: VOBK Guide and the new policy rule

In parallel with the legislative process for Borssele, the ANVS is working on a more robust regulatory framework for all nuclear installations. To this end, the ANVS has updated the Guideline for the Safe Design and Operation of Nuclear Installations (VOBK Guide) and published it on 18 December 2025. The guide describes the current ‘state of the art’ in the field of nuclear safety for nuclear installations and is used in the assessment of licence applications. The use of the VOBK Guide is laid down in a policy rule published in the Government Gazette on 26 March 2026. This policy rule is linked to the amendment of the Decree on Nuclear Installations, Fissile Materials and Ores under the Nuclear Energy Act (Besluit kerninstallaties, splijtstoffen en ertsen), which was open for consultation from 9 February to 9 March 2026. This amendment concerns, among other things, the granting of regulatory powers to the ANVS to lay down organisational and technical rules relating to nuclear safety, with the aim of converting the VOBK Guide into a regulation. The input from that internet consultation is currently being processed and a final amendment decree is yet to be submitted to the State Secretary. 

Update to the VOBK Guide

The VOBK Guide is a guiding document for licence applicants, the nuclear sector and other interested parties. It describes how the ANVS applies the state of the art when assessing licence applications, without the document being legally binding. The guide has been updated based developments and insights in the field of nuclear safety. International safety standards, in particular those of the International Atomic Energy Agency (IAEA), have also been taken into account in the update. These standards form an important frame of reference for demonstrating nuclear safety within the Dutch system of legislation and regulations. A key new element of the VOBK Guide is the broadening of its scope. The guide now applies to all nuclear installations rather than just nuclear reactors. Installations for the storage of radioactive waste operated by COVRA therefore also fall within its scope. Technology-specific standards have been generalised so that the framework is more broadly applicable than the previous version. 

ANVS Policy Rule for the Safe Design and Operation of Nuclear Installations

The ANVS Policy Rule for the Safe Design and Operation of Nuclear Installations (VOBK Policy Rule) describes how the ANVS uses the VOBK Guide when assessing licence applications for nuclear installations and when assessing ten-yearly safety reviews. Pursuant to Article 4:84 of the General Administrative Law Act (Awb), the ANVS is obliged to apply the guide as set out in the policy rule, unless this would have consequences for one or more stakeholders that, due to special circumstances, are disproportionate in relation to the objectives to be served by the policy rule. The policy rule thus ensures equal treatment of applicants and licence holders for a nuclear installation.

The policy rule also distinguishes between new and existing installations: when assessing a licence application for the construction or commissioning and operation of a new nuclear installation, the ANVS applies the VOBK Guide when verifying compliance with the specified requirements, whereas when assessing a licence application for a modification to an existing nuclear installation, the ANVS may apply the VOBK Guide, insofar as this is necessary in the context of nuclear safety. At the same time, the policy rule allows scope for innovation: the ANVS may deviate from the safety standards set out in the VOBK Guide if the applicant demonstrates that an equivalent level of safety can be achieved.

The policy rule is explicitly intended as a temporary measure: a guide is a non-binding, informative document, and the policy rule clarifies that the ANVS will adhere to the application of the VOBK Guide, thereby providing greater legal certainty. The entry into force of the amended Decree on Nuclear Installations, Fissile Materials and Ores — whereby the elements included in the VOBK Guide will be incorporated into a regulation — is scheduled for 1 July 2027.

Other developments

On 23 March, the ANVS concluded a framework agreement with the Rijnmond Central Environmental Management Agency (DCMR) to engage specialist expertise for environmental issues not related to radiation or nuclear matters. This concerns knowledge of environmental legislation on, for example, soil, air, waste, noise and water. The DCMR carries out environmental tasks for 13 municipalities and the provinces of South Holland and Zeeland. On behalf of these authorities, the organisation is responsible for licensing, supervision and enforcement at non-nuclear companies. The agreement will ensure that the application of legislation and regulations on environmental issues in South Holland and Zeeland is better aligned for both nuclear and non-nuclear installations.

The agreement between the ANVS and DCMR will be relevant to the existing nuclear power station, but possibly also to the two planned new nuclear power stations and the Thorizon project. On 16 April, Thorizon, EPZ, NRG PALLAS, the provinces of Zeeland and North Holland, Impuls Zeeland, ROM InWest and Invest-NL signed a framework agreement for the realisation of Europe’s first commercial molten salt reactor in the Netherlands. This agreement will, among other things, scale up activities for the non-nuclear demonstrator in Zeeland, definitively confirm the location for the Thorizon PIONEER nuclear demonstrator at NRG PALLAS in North Holland, and further validate the choice of location for Thorizon One, the first commercial molten salt reactor, in Zeeland. With this broad coalition, Thorizon is taking the step from development to realisation. The demonstrator reactor is due to be operational in 2030, with the aim of connecting the first commercial reactor to the European electricity grid in 2034.

The development of Thorizon is taking place alongside the opportunities offered by Small Modular Reactors (SMRs). As we noted in our previous blog, the government is also considering SMRs for a possible new third and fourth nuclear power station. Following the Strategy for SMRs, the government published the report "Small Modular Reactors in the Netherlands: findings from the SMR simulations" on 11 December 2025. As part of the SMR programme, five simulation exercises and guided discussions were conducted for this purpose, in which participants from the business community, grid operators, environmental agencies, provinces, municipalities and the national government explored risks and bottlenecks surrounding the realisation of SMRs. The key findings are that SMRs are particularly promising where direct supply of heat and electricity to industrial customers is possible. Proximity to customers reduces dependence on the electricity grid and increases the predictability of supply and demand. In any case, the province of Gelderland, together with the municipality of Neder-Betuwe, launched a feasibility study in April 2026 into the possibilities for an SMR in Dodewaard. Gelderland aims to have identified two potential sites for an SMR by 2027. 

The target is now 7 GW of nuclear energy by 2050, generated by both large-scale nuclear power stations and SMRs. To this end, the government will present a roadmap towards the summer, in which it will also focus on accelerating the SMR programme. The government expects to be able to take a draft preferred decision on the location of the two nuclear power stations by September at the latest, for which the Nuclear Energy Organisation Netherlands B.V. (NEO NL) has been established.

In short, alongside legal developments, practical steps have also been taken to explore the possibility of nuclear energy in the Dutch energy mix. 

We are keeping a close eye on developments and will keep you informed of progress in future blog posts.