The 51 dairy farmers who have instituted summary proceedings regarding the phosphate reduction plan 2017 must nevertheless comply with the rules and dispose of cows. This was decided by the Court of Appeal of The Hague on Tuesday 31 October following the State's appeal.
Co-author is Esther de Snoo.
The phosphate reduction plan was born on May 4 for 51 dairy farmers. The State appealed against this. The judge in The Hague now rules that the dairy farmers could foresee that the government would take measures after the abolition of the milk quota on March 31, 2015.
The phosphate reduction plan, which came into effect on 1 March 2017 and forced dairy farmers to remove animals, does apply to this group. They must still remove animals and reduce the number of dairy cows on their farm to the reference level of 2 July 2015.
After the ruling of 4 May, another 400 dairy farmers went to court. They also believed that they were not eligible for the phosphate reduction plan. The State also appealed this. It is still unknown when it will be announced.
Objection
Went on May 4 51 dairy farmers in objection to the phosphate reduction plan. They demanded that the plan be put out of action for them. The dairy farmers indicate that they are disproportionately burdened. They have in fact invested in their company, through land or animal numbers, completely in line with the then applicable land-based growth dairy farming act.
Later they were restricted, even though they had already made financial commitments. The judge ruled in their favor. However, Martijn van Dam went on September 19 in higher appeal. Organic dairy farmers also wanted to be exempted from the phosphate reduction plan. After all, they did not contribute to the phosphate surplus, they reported.
The ruling now applies to the entire group of 51 dairy farmers, including some organic farms.
Why was the phosphate reduction plan established?
The phosphate reduction plan came into effect in March of this year. This is to ensure that the phosphate production of the dairy herd remains below the phosphate ceiling, which is necessary to maintain the derogation in the future.
The State is of the opinion that all dairy farmers must comply with the obligations of the phosphate reduction plan, because otherwise the Netherlands will not fall below the phosphate ceiling and therefore cannot be granted a derogation. In addition, he is of the opinion that the dairy farmers knew that they would exceed the phosphate ceiling after the milk quota was abolished.
How does it work again?
Dairy farmers have to return to the reference number of 2 July 2015 via this reduction plan. From 1 March 2017, they were given the task of reducing a percentage each period. If they do not meet this 2 monthly reduction percentage, they will be charged a levy. If they do, but do not yet meet the reference number, they will be charged a solidarity levy. These charges can be high if the target is not met.
How much effect and warning
So far, in total 5,1 million kilos phosphate reduced. This means that the objective has been achieved temporarily, but the former minister Hank Kamp has already warned of a growing dairy herd in September.
At the National Economic Agriculture Congress, Lubbert van Dellen will also discuss the impact of phosphate rights on dairy farmers' business operations. Subscribers can attend the conference for free. Click here for more information.
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