On 1 June 2016 the Netherlands Enterprise Agency (‘RVO’) published a news release stating that no appeals were lodged against the Borssele Site Decisions (kavelbesluiten). Since no appeals have been lodged, the five Site Decisions are now final and binding.

The Site Decisions provide for geographic, technical and environmental information on the designated parts of the offshore wind areas. They take into account the rights and other interests of third parties and environmental protection interests.

The Site Decisions were open to direct appeal (no objection phase). When draft Site Decisions were published in 2015, around 25 interested parties submitted a formal view, which is a prerequisite in order to be permitted as an interested party to lodge an appeal. As it turns out, none of these parties has actually lodged an appeal. The formal deadline to lodge appeals passed Friday 20 May 2016.

As all Borssele Site Decisions are now final and binding, an important part of the regulatory framework for the Second Borssele tender is in place already. This Second tender (for Borssele Sites III, IV and V) will open (according to RVO) in August 2016 and close in September 2016.

As this date is rapidly approaching, we would encourage the Minister of Economic Affairs to publish the SDE Ministerial Regulation for the 2016 Borssele Tenders (Sites III & IV and separately for the experimental Site V) as soon as possible.