Background Nitrates Directive
Many open ends in the nitrates directive
The sector organizations have reacted moderately positively to the seventh Nitrates Directive Action Programme, which was presented by Minister Carola Schouten on Friday 26 November. The sharpest edges have been removed, but a lot still needs to be worked out in more detail. What is clear is that far-reaching measures will remain in place and that the unrest in the sector has not yet disappeared.
One of the most important changes is the abolition of compulsory rest crops on clay and peat soils. In addition, the hard date of October 1 for sowing catch crops has been abandoned. This will be replaced by 'winter crops', after which no catch crop needs to be sown and for the other crops a discount on the application standard for the next season will apply. The local water quality is taken into account as a criterion for determining the buffer strips. It has also been agreed that a 'customized approach' (an initiative of several organizations in the sector, including LTO Nederland, BO Akkerbouw, Rabobank and Cumela) will be further elaborated.
Open ends
However, much remains unclear. For example, the list of winter crops has yet to be compiled and the discount on the user standards has not yet been determined. The Committee on Experts on the Fertilizers Act (CDM) will advise on this. The details of the cultivation-free zones will also be discussed with the water boards, a spokesperson for the Ministry of Agriculture, Nature and Food Quality said. "The guidelines that have been drawn up will be made public. The intended entry into force of the broader cultivation-free zones is January 1, 2023."
The concerns from the sector about the action program are therefore not unfounded. The workability of the measures largely depends on how these open ends are filled in. LTO Nederland announced in a message: "The seventh Nitrates Directive Action Program still has a major impact on agricultural entrepreneurs. Not all concerns have been removed with regard to the adjustments after the consultation. the latest elaborations (such as overviews of winter crops and crops that can be fertilized before 15 March)."
Legal action
The Nitrogen Claim Foundation reacts more critically to the current plan. Chairman John Spithoven reports: "The old concept is still largely intact. Agricultural entrepreneurs in areas where the water quality is in order are still saddled with extra measures that are not necessary on the basis of the quality standards." In addition, according to Spithoven, too little account is taken of nitrogen entering the measuring points in agricultural regions from outside the agricultural sector.
According to Nitrogen Claim, the central question is: can the government oblige agricultural entrepreneurs to take measures, while the goals in this specific area have already been achieved or where the cause of the violation of the standard is not clear? Nitrogen claim is therefore considering legal action, within the framework of the precautionary principle. On Wednesday December 1, the representatives of the foundation will meet with the lawyers to discuss a strategy.
Jurphaas Lugtenburg
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