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Policy rule for the application of the Bibob Act by the Municipality of Apeldoorn 2025

The Mayor, the Municipal Executive of the municipality of Apeldoorn, each within the scope of their respective powers;

Whereas the administrative bodies of the municipality of Apeldoorn exercise the powers conferred by the Bibob Act;

Having regard to the provisions of the Bibob Act and Article 4:81 of the General Administrative Law Act, as well as the relevant provisions of the Alcohol Act, the Environment Act, the Housing Act, the Good Landlord Act, the (General) Local By-law of the Municipality of Apeldoorn (relating to municipal licences), the Youth Act, the Social Support Act, the municipal Subsidy By-law(s), the Public Procurement Act 2012 and the Civil Code.

Resolves to adopt the “Policy Rule on the application of the Bibob Act in the Municipality of Apeldoorn 2025”.

Chapter 1: General

Article 1 Definitions

This policy rule uses various terms and definitions. The definitions set out in Article 1.1 of the Bibob Act apply mutatis mutandis to this policy rule. In addition, a number of other terms are used in this policy rule.

  1. For the purposes of this policy rule, the following definitions apply:
  • Awb: General Administrative Law Act
  • Decision: a decision as referred to in Article 1:3, first and second paragraphs, of the Awb;
  • Administrative body: the mayor and the municipal executive of the municipality of Apeldoorn;
  • Data subject: the applicant for a decision, the grant recipient, the licence holder, the beneficiary of another decision, the candidate, the natural or legal person to whom a public contract has been or will be awarded, the subcontractor, the natural or legal person with whom a property transaction has been or will be entered into, or with whom negotiations are taking place regarding such a transaction; the intended acquirer of the leasehold or building right for which authorisation has been sought as referred to in the definition of «property transaction»; and the intended acquirer of a right of ownership or a right in rem for which authorisation has been sought as referred to in the definition of «property transaction»;
  • Bibob questionnaire: a form based on the regulations referred to in Article 7a(5) of the Act;
  • Own administrative information: information held within the municipal organisation which the municipality may use in the context of its own investigation, or information which the municipality may obtain upon request, as described in the explanatory notes to this policy rule;
  • Own research: the manner in which the municipality of Apeldoorn, in principle, applies Article 7a of the Act;
  • National Bibob Office: the Office for the Promotion of Integrity Assessments by Public Authorities, as referred to in Article 8 of the Act;
  • Legal entity performing a public function: a legal entity as defined in the Act;
  • RIEC: the Regional Information and Expertise Centre, the regional partnership as referred to in Article 28(2)(d) of the Act;
  • Public authority: an administrative body as referred to in Article 1:1(1)(a) of the General Administrative Law Act;
  • Semi-public body: an administrative body or person as referred to in Article 1:1(1)(b) of the General Administrative Law Act, in so far as the application or activity relates to the statutory performance of that activity or task;
  • Property transaction: any agreement or other legal act involving the municipality of Apeldoorn
    o the party disposing of or acquiring a property;
    o creates, disposes of or alters a right in rem in respect of immovable property;
    o rents or lets a property;
    o grants a right of use;
    o participates, including by increasing, reducing or terminating such participation, in a legal person performing a public function, in a legal person, a limited partnership or a general partnership;
    o granting consent for the disposal of a leasehold;
  • Act: the Act on the Promotion of Integrity Assessments by Public Authorities (the Bibob Act).
  1. Where this policy rule refers to the “municipality of Apeldoorn”, this refers both to the administrative body and – where applicable – to the legal entity performing a public function.
  2. The definitions set out in Article 1.1 of the Act apply mutatis mutandis to this policy rule.

    Chapter 2: Decisions under public law

    Article 2 Scope of application in relation to applications for a decision

    1. In the case of the following applications for a decision (or an amendment to a decision), the local authority will carry out its own investigation:

    a. Section 3 of the Alcohol Act (Alcohol Act licence);
    b. Section 3 of the Alcohol Act (quasi-commercial legal entities as referred to in Section 4 of the Alcohol Act) where the hospitality activities are not operated in-house;
    c. Article 2:25 of the General Local Regulations of the Municipality of Apeldoorn, insofar as it relates to an event in a risk category as referred to in Annex 1 (event licence);
    d. Article 2:26a of the General Local Regulations of the Municipality of Apeldoorn (permit to hold a professional football match);
    e. Article 2.33A of the General Local By-laws of the Municipality of Apeldoorn (supply of non-alcoholic beverages);
    f. Article 2:39A of the General Local By-laws of the Municipality of Apeldoorn (operation of play areas);
    g. Article 2:40B of the General Local By-laws of the Municipality of Apeldoorn (operation of amusement arcades);
    h. Article 2:72 of the General Local By-laws of the Municipality of Apeldoorn (licence for the sale of consumer fireworks);
    i. Article 2:81 of the General Local Regulation 2014 (designation of buildings, areas or commercial activities subject to a planning permission requirement);
    j. Article 3:4 of the General Local By-laws of the Municipality of Apeldoorn (operating licence for adult entertainment establishments);
    k. Article 5:18 of the General Local By-laws of the Municipality of Apeldoorn (trading licence);
    l. Article 5:23 of the General Local By-laws of the Municipality of Apeldoorn (organisation of a flea market);
    (m) Article 2 of the Market Regulation (market stall licence);
    n. the application for (renewal of) a declaration of tolerance for coffee shops.

  1. In the case of subsequent applications for a decision, the local authority will launch its own investigation if the decision is sought in order to carry out one or more activities or to launch projects listed in Annex 1 to this policy rule (risk categories):

a. the application for an activity as referred to in Article 5.31 of the Environment Act (a construction activity, an environmental planning activity, an activity that has an adverse impact on the environment, and an activity as referred to in Article 5.3 of the Ow)
b. an application for a licence under Article 5 of the Good Landlord Act, where such an application is made in connection with the accommodation of migrant workers.

  1. In all other cases where a decision is sought, an investigation may be initiated on the basis of:

a. its own administrative information or information originating from one of the partners in the RIEC partnership;
b. a tip-off from the National Bibob Office as referred to in Article 11 of the Act;
c. a tip-off from the public prosecutor, a tip-off from another administrative body or a legal person performing a public function which is authorised to apply this Act, as referred to in Article 26 of the Act;

  1. No internal investigation will be carried out (unless there are grounds to do so following a report or tip-off) in the event that an application is received from government bodies, semi-public bodies or housing associations designated under the Housing Act as authorised social housing providers.

Article 3: Scope of application of decisions issued

a. The local authority shall conduct its own investigation into decisions granted as referred to in Articles 1 and 2 of this policy rule if:

a. a notification as referred to in Article 5:37 of the Environment Act (change of name) has been made, and the activity or activities to which this decision relates, as set out in Annex 1, have been designated as a risk category;
b. where there are grounds for doing so based on the authority’s own information or information provided by one of the partners in the RIEC partnership;
c. a tip-off has been received from the National Bibob Office as referred to in Article 11 of the Act;
d. a tip-off has been received from the public prosecutor, another administrative body or a legal person performing a public function authorised to apply this Act, as referred to in Article 26 of the Act;

b. The local authority may launch its own investigation into a decision that has been issued if:

a. the decision issued relates to an activity or is situated in a specifically defined area as referred to in Annex 2, which, on the basis of a decision to that effect taken by the municipality of Apeldoorn after the decision was issued, has been designated as a risk category in Annex 1.

Article 4 Scope of application in relation to grants

  1. The local authority will conduct its own investigation into an application for a grant or a grant that has already been approved or awarded, as referred to in the General Grant Regulations, if:

a. the activity for which a grant is being sought falls within one or more of the risk categories or risk areas listed in Annex 1, or;
b. where there are grounds for doing so based on the authority’s own information or information provided by one of the partners in the RIEC partnership;
c. a tip-off has been received from the National Bibob Office as referred to in Article 11 of the Act;
d. a tip-off has been received from the public prosecutor, another administrative body or a legal person performing a public function authorised to apply this Act, as referred to in Article 26 of the Act;

Article 5 Refusal to complete the form in full, providing false information on Bibob questionnaires, or withdrawing the application following a Bibob investigation

  1. In the event of a refusal to return the Bibob questionnaires fully completed, or if the requested supporting documents are found to be incomplete following assessment, a one-off grace period will be granted, within which the documents may still be submitted. If, after the grace period, the application is still incomplete, it will be disregarded pursuant to Article 4:5(1)(c) of the General Administrative Law Act (Awb);
  2. In the case of decisions granted, a refusal to complete and submit a Bibob questionnaire pursuant to Article 4(1) of the Act will be regarded as a serious risk as referred to in Article 3 of the Bibob Act. As a result, the licence granted may be revoked.
  3. If a Bibobquestionnaire is completed untruthfully, this shall be regarded as a fact or circumstance which indicates or gives reasonable grounds to suspect that a criminal offence as referred to in Article 3(6) of the Act has been committed in order to obtain or retain the authorisation. This may result in the requested authorisation not being granted, or in an authorisation that has already been granted being revoked.
  4. Acts as specified in Article 5 shall result in their registration by the municipality of Apeldoorn in the register referred to in Article 7a, paragraphs 7 and 8, of the Act, unless there are reasonable grounds on the part of the person concerned for deviating from this.

Chapter 3: Transactions under private law

Article 6 Scope of application in relation to property transactions

  1. The local authority will launch its own investigation in any of the following cases:

a. the property is used, or is to be used, for one or more of the activities listed in Annex 1 to this policy rule;
b. it is a landmark property;
c. there is an exceptional financial risk to the local authority;
d. where there is also an application for a decision as referred to in Chapter 2 of this policy rule;
e. where there are grounds for doing so based on the authority’s own information or information provided by one of the partners in the RIEC partnership;
f. a tip-off has been received from the National Bibob Office as referred to in Article 11 of the Act;
g. a tip-off has been received from the public prosecutor, another administrative body or a legal person performing a public function authorised to apply this Act, as referred to in Article 26 of the Act;

Article 7 Scope of application in public procurement

  1. The local authority will launch its own investigation in any of the following cases:

a. the activity or activities to which the public contract relates are listed in Annex 1 to this policy rule;
b. where there are grounds for doing so based on the authority’s own information or information provided by one of the partners in the RIEC partnership;
c. a tip-off has been received from the National Bibob Office as referred to in Article 11 of the Act;
d. a tip-off has been received from the public prosecutor, another administrative body or a legal person performing a public function authorised to apply this Act, as referred to in Article 26 of the Act;
e. sub-clauses (b) to (d) relate to a subcontractor.

  1. During the performance of the contract, the aforementioned reason may prompt us to launch our own investigation into the contracting party or the subcontractor.

Chapter 4: Final Provisions

Article 8 Repeal of the former policy rule

  1. The policy guidelines for the implementation of the Act on the Promotion of Integrity Assessments by the Public Administration in Apeldoorn 2024, adopted on 5 November 2024, are hereby repealed.

Article 9 Transitional Provisions

  1. If an internal investigation is underway at the time this policy comes into force, the policy in force prior to the repeal of the previous policy shall apply.

Article 10 Date of entry into force

  1. This policy rule was adopted by the mayor or the Municipal Executive on 4 November 2025 and comes into force on 1 January 2026.

This policy rule may be cited as “Bibob Policy Rule of the Municipality of Apeldoorn”

Adopted on 4 November 2025.

The aforementioned Mayor and Aldermen,

the secretary,
S. de Bruin
the mayor,
A.J.M. Heerts

Appendix 1: Risk categories

Explanation:

This annex sets out activities where there is a risk that criminal offences may be committed in the course of those activities, or that the activity may be used to exploit unlawfully obtained benefits.

In order to apply the Bibob Act, there must be either an administrative decision (such as a licence or grant) or a legal act under private law (a public contract or a property transaction).

The listing of the activities below does not therefore mean that these activities are, or will be, subject to a licensing requirement in all cases. Where activities are (or will be) carried out for which no decision needs to be issued or no agreement is entered into that falls within the scope of the Bibob Act, a Bibob assessment cannot therefore be carried out.

Where an activity does not in itself require a licence (for example, setting up a hairdressing salon) and no other activities requiring a licence are to take place (such as, for example, building work), or if a private-law agreement is entered into with the government as a party, the Bibob Act cannot be applied.

The mere fact that an activity has been designated as a risk category does not, therefore, automatically mean that it requires a licence.

When a project initiator submits a (proposed) project is submitted, involving one or more of the activities listed below, it will therefore be necessary to assess whether these activities require a decision to be issued (falling within the scope of the Bibob Act) or whether a property transaction or public contract will be entered into.

The policy rule, together with the accompanying list of risk categories, has been drawn up in such a way that, in such cases, the Bibob Act is invoked at the earliest possible stage.

For example, where there are plans to build a new hotel – involving the sale of a plot of land, construction work and, ultimately, an application for a licence under the Alcohol Act – the policy rule stipulates that an independent investigation must be launched as early as the plot sale stage.

This prevents a proposer from having to undergo multiple Bibob checks or from having their integrity assessed only at a late stage.

It is important, however, to be clear about who (ultimately) has control over the activities (the end user) and how the entire project will be funded.

Where the initiator is not the ultimate end-user or the person concerned, or where the funding has not yet been (fully) finalised, there may ultimately be several assessment stages. For example, where the owner of the hotel entering into the property transaction and carrying out the construction work is a different party from the hotel’s user applying for the Alcohol Act licence, or where projects are sold in parts after completion and not all buyers are known in advance.

The list of risk categories was drawn up because those activities have been specifically designated as subject to the Bibob Act (such as, for example, the Alcohol Act licence and certain environmental permits), has been cited as an example to support the legislative amendment (including in relation to property and public procurement) and is based on the experience gained by local authorities in recent years in applying the Act.

Risk categories to which the Apeldoorn municipality will, in principle, apply the Bibob Act:

  • Agricultural businesses
  • Car dealerships (purchase and sale, hire, dismantling and scrapping)
  • Waste treatment and processing companies
  • Waste recycling companies
  • Multi-tenant business premises
  • mobile phone shops
  • Soil remediation
  • Construction cost (for planning permission to build) exceeding €1,000,000
  • Coffee shops
  • Dark stores
  • Energy producers (including (manure) digesters, wind turbines, solar farms, etc.)
  • Fitness centres/gyms
  • Garage units/storage spaces
  • Catering businesses
  • Hotels/guesthouses
  • Equipment for cleaning pressure vessels, containment systems, boilers, vessels, mobile tanks, tankers, and tank or bulk containers
  • Room rental businesses (as well as planning permission for room rental and/or accommodation premises comprising two or more rooms)
  • Hairdressers / Barbershops / Nail salons / Tattoo parlours
  • Converting or subdividing homes or properties for letting rooms or creating one or more living spaces
  • Public contracts with a contract value of €1,000,000.00 or more
  • Prostitution and sex businesses, escort agencies, adult cinemas, erotic massage parlours
  • Leisure parks and marinas
  • Reintegration organisations or activities
  • Religious institutions
  • Motorcycle club ride-outs (or similar events)
  • Schools
  • Sex shops
  • Shisha lounges
  • Demolition contractors / asbestos removal contractors
  • Smartshops / Headshops / Gift shops
  • Slot machine halls / Amusement arcades
  • Sports halls/complexes
  • Berths and moorings
  • Conversion of office buildings (into homes and/or rooms)
  • Martial arts galas (or similar events)
  • The letting of municipal property on which one or more of the activities listed in this Annex 1 take place or are due to take place
  • Rental of transport vehicles (cars, vans, minibuses, shared vehicles)
  • Sale of commercial plots on which one or more of the activities listed in Annex 1 are currently taking place or are due to take place
  • Sale of (former) government buildings
  • Fireworks industry
  • Wellness centres/tanning salons
  • Care agencies/care providers (including the provision of care homes)

The above list of risk categories is not exhaustive, but provides an indication of possible risk categories. This list may be amended if developments so warrant.

Appendix 2: high-risk areas

The local authority may designate certain buildings and areas where it is desirable to initiate a separate investigation in that area if an application for a decision (or a granted licence) is made, a property transaction is entered into, or a public contract is awarded. This may apply, for example, to new business parks under development, to the regeneration of areas, or to certain areas where there are (suspicions of) subversive activities.

Designated risk areas: [To be determined by the local authority]

Explanatory notes

The Act on the Promotion of Integrity Assessments by Public Authorities (the Bibob Act) provides the municipal council with a tool to prevent the municipality from unwittingly facilitating criminal activity or from being used to launder money of illegitimate origin. We do this by means of a Bibob investigation. The outcome of this investigation provides an assessment of the extent to which the municipality unwittingly facilitates criminal activity, following which the municipality may decide not to grant a particular decision or service, or not to enter into a property transaction. For the same reason, decisions that have already been granted may also be revoked. It is expressly not a tool for detecting criminal offences or for establishing a person’s involvement in criminal offences. Our aim with the Bibob Act is to be and remain a safe family-friendly city and to maintain a favourable business climate by excluding parties lacking integrity as far as possible. Bibob forms part of the wider approach to tackling subversion and subversive crime. This is explicitly highlighted in the Apeldoorn Integrated Safety Plan 2023–2026. The Bibob Act provides us with a tool to preventively counter subversive activities. However, Bibob can also be used in cases where a licence has already been granted but we receive indications that it is being used for other purposes. We can then carry out a Bibob investigation based on these indications and, on that basis, decide to revoke the licence. In that case, we can also use repressive measures to exclude subversive activities from society. A report may originate from any department; not just those departments that carry out Bibob investigations. The Bibob Act grants the municipality discretion in decision-making regarding the application of the powers arising from this Act. Its application covers many policy areas in which both the mayor and the municipal executive are the competent authorities. For this reason, the policy rule has been adopted by both the mayor and the municipal executive.

Chapter 2

This chapter sets out when the municipality applies the Bibob Act in the context of decisions under public law. A Bibob questionnaire forms an integral part of the application for a decision and, consequently, of the decision on the application. A Bibob investigation commences when a Bibob questionnaire is sent out. This must be submitted in full, together with the requested documents. If this form is not completed in full or if documents are missing, the applicant will be given a deadline to submit the missing documents. If the requested information is still missing after this deadline, the application will be disregarded pursuant to Article 4:5(1)(c) of the General Administrative Law Act (Awb). The content of the application as a whole will then not be assessed.

Chapter 3

The local authority may apply the Act to property transactions to which it is a party. At the start of negotiations in this regard, the local authority shall inform the other party that its own investigation may form part of the procedure. An integrity clause will be included in the agreement, on the basis of which the agreement may be rescinded, terminated, annulled or suspended, or the negotiations may be suspended. The municipality may also include a chain clause stipulating that, following the completion of a property transaction – and should the acquiring party subsequently wish to dispose of the property – permission must first be sought from the municipality. The local authority may apply the Act to public contracts as referred to in the Public Procurement Act 2012, or to an agreement relating to care under the Youth Act and the Social Support Act 2015. Tender documents will stipulate that tenderers must bear in mind that, before proceeding to the final award, the local authority may conduct its own investigation or seek advice as referred to in Article 9(2) of the Act.

The agreements to be concluded may include an integrity clause stipulating that the agreement may be terminated if any of the situations referred to in Article 9(2) of the Act arise.

Chapter 4

The policy rule has been amended in certain respects compared with the previous one. For example, a number of high-risk sectors have been added, whilst others have been removed. In addition, the scope for Bibob investigations into property transactions and tenders has been expanded. Where a Bibob investigation was initiated before this policy rule came into force, the previous policy rule will be followed as far as possible, unless the circumstances require that the current policy rule be applied. After all, the power to carry out Bibob investigations derives from the Act. Both this and the previous policy rule are intended to give effect to that power.