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Legal battle against ethane cracker Ineos erupts again

Storm clouds are hanging over the port of Antwerp again. The British chemical group wants to build an ethane cracker in the port, with which it wants to produce ethylene from 2026, but the project is receiving a lot of opposition, from environmental organizations, but also from the neighboring Dutch provinces of Zeeland and North Brabant.

The company was already granted an environmental permit by the Flemish government in 2022, but the provinces and environmental organizations challenged this with the Council for Permit Disputes, and they were right. Ineos subsequently calculated its nitrogen emissions more accurately and received a new permit at the beginning of this year.

This is now being challenged again by the provinces of Zeeland and North Brabant. “We are not against economic development, but we are against it if it is at the expense of Zeeland’s nature. The additions to the permit application have not yet resolved the province’s concerns.”

According to the province, the critical deposition values ​​in Zeeland’s Natura 2000 area are still exceeded. They argue for more detailed research or measures that limit the impact. But the province is still keeping an eye on things. “Should an agreement be reached with Ineos, we will withdraw our appeal,” it said.

But North Brabant will also appeal. “The ethane cracker will result in too much nitrogen deposition in the already overloaded Natura 2000 area De Brabantse Wal.”

It is not only governments that are once again putting on the brakes. A coalition of environmental organizations, led by the NGO ClientEarth, also announced that they were going to war again just after the renewed permit was granted.

“Ill Will”

Ineos had already become an absolute symbol for the Flemish government. It was also an important reason to have a nitrogen decree as soon as possible, which should provide legal certainty. The new objections are therefore a serious thorn in the side.

“We regret that both provinces make submitting appeals their main task, instead of pursuing a nitrogen policy to help Dutch farmers and entrepreneurs escape uncertainty and reduce their impact on Flanders,” the cabinet of the responsible minister said sharply. from Zuhal Demir Area (N-VA). “After all, with the Flemish nitrogen decree, Flanders ensures a reduced impact on the Netherlands, and vice versa, the homework is far from done. It seems like a diversion for that.”

A possible ruling is not anticipated, although it is emphasized that the permit remains enforceable for Ineos for the time being. So in principle it can continue to work. The two provinces indicate that their objection concerns an appeal for annulment, and not a request for suspension. Normally it takes about a year for the Council for Permit Disputes to make a decision.

Antwerp port alderman Annick De Ridder (N-VA) finds the repeated resistance hallucinatory. “It cannot be due to ignorance. I rather classify it as ill will and opposition to the maintenance of sustainable industry in Western Europe. I have repeatedly called for us to sit at the table together. The Netherlands, through its provinces, has opted for the court route, which is noted.”

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