The government is taking serious measures to combat the nitrogen crisis. When did this crisis actually arise? Five important moments.
1990s – European agreements on Natura 2000
Countries that are members of the European Union made agreements in the 1990s to protect nature in Europe. It was determined that certain animal and plant species must be protected, but also certain types of nature, such as ‘dry heath’ or ‘old oak forests’. This protection must mainly take place in so-called Natura 2000 areas.
All EU countries are obliged to designate Natura 2000 sites and then protect them. When selecting these areas, countries must adhere to European guidelines. For example, the guidelines state that economic interests may not play a role in the selection of areas.
The Netherlands currently has 162 Natura 2000 areas. In any case, nature should not deteriorate further in these areas.
Nitrogen threatens nature in many Dutch Natura 2000 areas. Livestock farming is the main source of harmful nitrogen in these areas. For example, due to an excess of nitrogen, grasses overgrow protected heathland areas.
Nitrogen measuring station on a heath field on the Hoge Veluwe. Around it, partial grassing with pipe straw due to nitrogen pollution.
Nitrogen measuring station on a heath field on the Hoge Veluwe. Around it, partial grassing with pipe straw due to nitrogen pollution. Photo: Shannon Bakker, NU.nl
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2008 – Council of State rules that permits are wrong
The Dutch government came here in 2008 legal problems for the first time. The Council of State, the highest administrative court in the Netherlands, then withdrew a permit that had been granted for the expansion of a farm.
The way in which this permit was issued did not comply with European rules. The same was true for many other permits near Natura 2000 areas.
The result was that everyone who wanted a new permit first had to demonstrate individually that he or she would not harm nature. This made granting permits time-consuming and expensive.
2015 – Introduction of the Nitrogen Approach Program
The ‘solution’ to this problem eventually came from the CDA and the PvdA in the form of the Nitrogen Approach Program (PAS). The PAS has been in the works since 2009, but it was only introduced on 1 July 2015.
An important point from the PAS was that permits could be granted for activities that could potentially harm nature, as long as measures were taken in the future to improve nature.
The makers of the PAS have been pointed out several times that the program might not comply with European legislation. This was apparent, for example, from a reconstruction of Fidelity in 2019. It Planning Office for the Living Environment (PBL) wrote in 2014 that the implementation of the PAS is “surrounded by uncertainties”. The PBL doubted whether the program was legally tenable.
2019 – Council of State ruling on the PAS
It turned out on May 29, 2019 that the PAS was not satisfactory Council of State ruled that the PAS violates European nature legislation. This statement started the nitrogen crisis. After this ruling, the PAS could no longer be used to grant permits. As a result, many projects, such as building new houses, came to a standstill.
In order to allow projects to continue, as an emergency solution, among other things, the maximum speed for motorists was lowered. As a result, cars emit less nitrogen. This provided some space for other activities that cause nitrogen emissions, such as building houses, to continue.
Whether this is legal beats, is still the question. In any case, it was not a long-term solution.
2022 – Presentation plans Minister Van der Wal
More than three years after the decision of the Council of State, on June 10, Minister Christianne van der Wal (Nature and Nitrogen) presented the first part of her plan to really tackle the nitrogen problems.
According to this plan, nitrogen emissions must be drastically reduced. This applies in particular to emissions around Natura 2000 areas. By reducing nitrogen emissions, nature in these areas should be improved.
This should ultimately also make it possible to do new things around Natura 2000 areas. If nature is already overloaded by nitrogen, additional emissions will quickly lead to more (prohibited) deterioration. On the other hand, if nature is strong, it can probably handle a little extra nitrogen better.
The plans do mean that some of the farmers will probably not be able to continue with their business. Van der Wal’s plan was therefore the starting signal for the current farmers’ protests.
What is nitrogen and why is it harmful?
- Nitrogen is a chemical element with no color or odor.
- About 78 percent of the air we breathe consists of nitrogen. This is not harmful to humans, animals and plants.
- When nitrogen attaches to other substances, such as oxygen (O) and hydrogen (H), reactive nitrogen, such as nitrogen oxide (NOx) or ammonia (NH3), is formed. These substances are harmful to humans and nature.
- Nitrogen oxides are mainly emitted by industry and traffic. Agriculture is largely responsible for ammonia emissions.
- Certain plants, such as nettles, benefit more from the nitrogen we produce.
- As a result, they overgrow other plants and animal habitats.
- Ultimately, this leads to a loss of biodiversity. Nature then consists of fewer species than before.
- This in turn leads to an imbalance in nature, which can also have harmful consequences for humans.
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