On Tuesday, the Trade and Industry Appeals Tribunal (CBb) declared the CAP Direct Payments Implementing Regulation partially non-binding. This means that the State Secretary for Economic Affairs must reconsider the applications.
The Implementing Regulation is an elaboration of European rules on agricultural support and contains a negative list of agricultural lands excluded from support. This negative list includes agricultural land that has been designated with a specific nature management type in a provincial nature management plan. As a result, the Netherlands has excluded European agricultural support for, for example, 'dune and salt marsh landscape', 'river and marsh landscape' and 'marsh or salt marsh'.
Farmers in defense
A Frisian farmer with parcels located outside the dikes objected to the rejection of agricultural aid for those parcels. This also happened from Gelderland farmers who did not receive agricultural support for their plots located in the floodplains and a farmer who missed out on a subsidy for her Zeeland salt marsh.
Review applications
The CBb judges that the characterization in a provincial nature management plan is unsuitable for excluding agricultural land from agricultural support. As a result, farmers wrongly do not receive agricultural support, while they should be able to receive it according to European rules. The CBb considers this part of the Implementing Regulation to be non-binding. This means that the State Secretary for Economic Affairs must reconsider the applications.
The ruling is final, the Trade and Industry Appeals Tribunal (CBb) is the final judge in this case. Read the full statement here.
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