PAS does not comply with European directive

The European Court of Justice ruled on Wednesday 7 November that the Nitrogen Approach Program (PAS) does not comply with the European Habitats Directive, which is intended to protect habitats in nature. As a result, there is now uncertainty about 200 permits to be granted.

The PAS has been used since 2015 to limit nitrogen emissions in the Netherlands. It is up to the provinces to monitor the balance between the economy and nature. The measures taken by the provinces for this include maximum ammonia emission values ​​in stables, the use of animal manure and various feed and management measures in livestock farming.

The use of animal manure also included the discussion about the ban on the use of animal manure drop foot technique† Due to the annual reduction, about 2030 million kilos of nitrogen less should be achieved by 10.

Noise
"Several environmental organizations have litigated against this assembly-line permitting machine," Valentijn Wösten told the OUR† The charges included granting permits for livestock farms, as well as road construction and other projects. The Council of State requested an opinion from the European Court of Justice in May last year and has since suspended 9 cases.

The European Court concludes that permits must meet strict conditions. The consequences for operational management and the application of the manure must be scientifically tested, in order to determine whether it really has positive effects on nature. In short, a measure may not be included in the assessment if the benefits are not established.

Ammonia emissions have increased
Various figures from the national government show that the agricultural sector is the frontrunner in nitrogen deposition. In addition, an evaluation shows that ammonia emissions have even increased, partly due to the growth of the dairy herd and the use of fertilizer. 

In the nature reserves (Natura 2000), approximately 75% is affected by excess fertilizers. This gives the grasses, blackberries and nettles the upper hand, which also ensures that important species disappear. It is argued that this is associated with a decline in biodiversity. This could be a cause of the decline in bird populations in the Netherlands.

Political reaction
Minister Carola Schouten (Agriculture, Nature and Food Quality) says that the ruling of the European Court on the acceptance of the system of the PAS is positive. "However, it is clear that strict requirements are imposed on the scientific substantiation", says Schouten.

The CDA and the SGP have announced that the ruling has major consequences for agriculture, industry and infrastructure. "We cannot yet estimate the exact impact." They want an answer in the short term about the permits and their impact on the Brabantian agricultural sector. In addition, they want a plan B and they wonder how the progress of the current projects should be progressed.

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