News Glyphosate
Ground chamber upholds glyphosate ban
The Central Ground Chamber allows a ban on glyphosate on agricultural land in four- and six-year liberalized lease agreements of the province of Noord-Holland, subject to certain conditions. The regional land chamber previously ruled that this prohibition should not be imposed on the tenants. However, conditions are attached to the ban.
The lease agreement of the province of Noord-Holland stated that the use of glyphosate is not permitted and that the active substance may only be used with the permission of the lessor. The regional ground chamber lifted the glyphosate ban. The province disagreed and appealed to the Central Ground Chamber. "A lessor may prohibit the use of glyphosate on the leased property with a view to protecting the soil and soil life, even if glyphosate has been allowed to be marketed as a weed control agent," states the soil chamber.
Extra condition for the lessor
The tenant may have to deal with the consequences of the glyphosate ban during and after the term of the lease. It is only unclear to the tenant in which cases an exemption is granted for the use of glyphosate. The provincial procedure only states that if a tenant nevertheless wants to use glyphosate, a solution will be sought with an expert. "The financial consequences of the presence, emergence and spread of a difficult-to-control weed will be entirely at the risk of the tenant if he does not receive permission from the province to use glyphosate," the ground chamber writes in the ruling.
According to the contract, the tenant must keep the plot free of weeds and deliver it clean at the end of the contract. According to the ground chamber, this is an excessive obligation. That is why an extra condition is added to the contract that reads: "The lessee shall not, at the end of the tenancy agreement, hold the tenant liable for failure to deliver in the state in which the leased property was put into use if this does not result in direct delivery in that state. of the ban on the use of glyphosate and the tenant could not reasonably have taken other measures to prevent this."
Jurphaas Lugtenburg
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