Van Dam will appeal

Martijn van Dam, outgoing State Secretary, will appeal against the judge's judgment regarding the Phosphate Reduction Regulation 2017. He asks the Court to agree to emergency treatment. This must be before June 1.

Op May 4, the judge ruled in favor of a group of dairy farmers who had instituted summary proceedings because of the Phosphate Reduction Regulation 2017. The judge ruled in their favor, as a result of which the regulation has been partially suspended.

disputable
Van Dam believes that the judge has ruled too broadly and will appeal against the ruling. He writes that in Friday a letter to the House of Representatives. 'The judgment of the preliminary relief judge that the regulation is disproportionate for the claimant dairy farmers is open to question,' writes Van Dam.

He believes that all dairy farmers, as well as those who initiated summary proceedings, could have foreseen the settlement. 'In addition, in my view the scheme was foreseeable for all dairy farmers, including the claimants,' says Van Dam.

Uncertainty
He recognizes that this creates uncertainty for the dairy farmers involved, but he considers the success of the scheme more important. Van Dam: 'It is this interest that prevails over the uncertainty that will arise for the companies involved as a result of the appeal.' 
He wants to submit the appeal via an urgent procedure so as not to let the lack of clarity last unnecessarily long. He must have permission from the Court to do this. As long as the outcome of the appeal is unknown, the group of dairy farmers will not have to reject any livestock. 

Sector interest comes first
The State Secretary emphasizes that it is in the interest of the sector that the reduction in the number of cows in 2017 is sufficient if the Netherlands is to be eligible for the derogation and to be able to enter into discussions with the EU about the implementation of the sixth Nitrates Directive action programme. He sees the judge's ruling as a danger to the success of the Scheme. 'The production ceiling that the Netherlands has to adhere to does not provide a special position for specific companies.'

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