Dutch Government Divided Over Proposed Nitrogen Rule Changes
The Hague – Disagreements within the outgoing Dutch cabinet are delaying the implementation of more flexible nitrogen rules intended to address a permitting crisis for farmers, according to sources cited by NOS. The proposed changes would establish a lower limit for nitrogen emission calculations, perhaps allowing some farmers currently operating without permits to continue, but face opposition due to concerns about environmental impact and legal challenges.
The current impasse stems from the situation of farmers left in a legal limbo after a 2019 court ruling struck down the previous PAS system.The PAS system had allowed farmers to expand operations if they could demonstrate minimal additional nitrogen deposition. Following the ruling, these farmers have been effectively operating illegally, unable to secure loans or sell their businesses, despite frequently enough facing no enforcement.
The proposed lower limit is justified by Minister Wiersma and supporting scientists as a response to the unreliability of calculating very small nitrogen amounts, rather than an attempt to reduce overall emissions. However, the Council of State has warned that courts could deem projects approved under the new rules illegal after implementation if the lower limit proves ineffective in reducing nitrogen. A State Attorney cautioned last month that such a scenario would render all projects based on the limit “realized illegally afterwards.”
VVD ministers within the cabinet are reportedly hesitant, citing obligations to protect vulnerable nature reserves and the risk of increased nitrogen deposition. Experts acknowledge the current calculation models are unsuitable for small nitrogen amounts, and there is parliamentary support for a swift resolution to the “nitrogen lock.”
Wiersma is developing additional measures to reduce overall nitrogen emissions,but these are not yet finalized. The proposal for a new lower limit is scheduled for further discussion within the cabinet next week.
