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Penalty payment large part of Overijssel farmers out of work for a year

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The province of Overijssel has found a temporary solution for some of the farmers who will soon face high fines due to their nitrogen emissions. The provincial government plans to introduce a ban on fertilizers on agricultural land owned by the province next year. This would create enough space for nitrogen to offset the emissions of the farmers concerned, so that a penalty payment is now unnecessary.

These are the so-called PAS reporters: farmers who did not need a permit before 2019, for example to expand their business and thus emit more nitrogen. They just had to report it. After 2019, a State Council ruling suddenly required this group to have a permit, which made their company illegal in one fell swoop.

The cabinet promised to house PAS detectors, but for that you need space for nitrogen first. Although the PAS group of journalists is officially illegal, many provinces do not actively enforce it.

But in the province of Overijssel, the court ruled that this must be done. This means that the province must impose high penalties on farmers who continue to work illegally, which can amount to well over 100,000 euros. In recent weeks, hundreds of farmers have protested against this at the provincial government building in Zwolle.

Fertilization ban

The Zwolle provincial government now says it can waive executions for some Overijssel PAS journalists in 2023. A fertilization ban will therefore apply to the approximately 2,000 hectares of provincial agricultural land, as a result of which less nitrogen will temporarily be introduced.

According to the province, the 24 PAS reporters who are in an “execution process” are helped in whole or in part. However, the measure is still not enough for a dozen “cramped people”, says MP Tijs de Bree. Those companies need even more room for nitrogen.

Other farmers will have to dispose of their manure differently.

Deputy Tijs de Bree

The temporary measure, which costs the province between 1 and 1.5 million euros, also has consequences for another group of farmers. Some 300-400 farmers are leasing agricultural land in the province to spread manure on it, but this will not be allowed next year. “They will have to get rid of their manure in a different way,” says deputy Tijs de Bree.

He denies that there is a water bed effect. “There are possibilities to process that manure in other ways.” At the same time, the deputy acknowledges: “This is a solution that requires the contribution of many to help only a few bottlenecks.”

“government failure”

Minister Van der Wal for nature and nitrogen is satisfied with the temporary solution found by the province of Overijssel. “This is obviously incredibly good news for families for whom the app hangs like a dark cloud over their lives.”

He points out that, together with the provinces, he is continuing to look for the nitrogen space, for PAS notifiers to be legalized – “all those farmers who do not have permission due to government bankruptcy” -.

The fact that a solution has now been found for 2023 gives peace and space, according to Van der Wal. “Now we’re actually buying time to actually be able to give PAS detectors a pass. Because only then will all the uncertainties really be gone.”

Sword of Damocles

Farmers action group Agractie says in response to Overijssel’s temporary measure that the most important thing is that all PAS reporters can be permanently legalized as soon as possible. “It is good that the sword of Damocles is being avoided on PAS journalists for next year,” says Alien Zijtveld of the organisation.

Zijtveld calls it “harsh” that farmers still have to pay for this solution themselves, “because they cannot fertilize their land and can therefore harvest much less crop from their land.”

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