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Background Nitrogen Policy

Emergency nitrogen law is hanging by a thread

5 December 2019 - Redactie Boerenbusiness

Although the Emergency Nitrogen Act was passed in the House of Representatives this afternoon, the PvdA can cause the cabinet to stumble because of the nitrogen problem. This party has had a decisive vote in the Senate since May of this year.

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The government then lost its majority in the so-called Senate, but with the 6 seats of the PvdA senators, the government also has a majority of all 75 votes in the Senate, 38 to be precise. A meeting on the Nitrogen Emergency Act is scheduled for Tuesday, December 17. GroenLinks (8 seats in the Senate) could also help the government gain a majority, but this party is categorically against the Emergency Act. Even if this means that housing construction will continue.

More surprising is the negative vote from the PvdA in the House of Representatives faction this afternoon. Despite 3 of the 4 motions submitted by PvdA agricultural spokesperson Dick Moorlag, which were adopted. Only his motion to reduce the skimming percentage for trading in phosphate rights from 20% to 35% did not achieve a majority. But the government is expected to work on structural resources for an additional long-term package of nature restoration measures, with broad support in the House of Representatives.

There should also be an attractive arrangement to temporarily not allow new livestock to be kept in stables, according to another motion by Moorlach, which received broad support in the House of Representatives. And perhaps Moorlag's most important motion that was adopted: the percentage of social housing in zoning plans must be at least 30%.

SGP and D66 in favor
The primary aim of the Nitrogen Emergency Act is to get housing construction moving again. The Remkes Committee's follow-up advice on the nature restoration approach and the steps that the industry and airlines must take will first be awaited. The cattle feed track and the reduction in driving speed on the highways are sufficient to get the construction world going again as quickly as possible.

SGP member Roelof Bisschop gave an explanation as to why his party voted in favor of the Nitrogen Emergency Act. According to the SGP, there is a lot of work to be done, as evidenced by the series of improvements (amendments) that Bisschop submitted, partly successfully. But: 'Better to have 1 contractor at work than 10 construction workers at home'. 

The ruling party D66 also voted in favor of the Nitrogen Emergency Act, because it will speed up housing construction. Although agricultural spokesperson Tjeerd de Groot yesterday afternoon during the House of Representatives debate on the Emergency Nitrogen Act, he did not withdraw from his call to halve the livestock herd. When voting on amendments and motions, the ruling party D66 occasionally supported the left-wing opposition. In order to underline the doubts that the party has about the government's nature protection and recovery plans so far.

The fate of the cabinet is in the hands of the PvdA
It is therefore not excluded that one or more D66 senators will vote against it when the Nitrogen Emergency Act is discussed in the Senate. But the chance that the Senate faction of the 'non-governmental party' PvdA will do so is of course much greater. Especially now that the House of Representatives faction of the PvdA has voted against. Although it is not exactly clear how the party appreciates Moorlag's adopted motions. This vote took place immediately after the vote on the bill as a whole. Henk Otten's faction (3 seats in the Senate) also plays a key role in the votes. 

In any case, it is crystal clear that the PvdA, together with the other left-wing opposition parties, seriously doubts whether the courts will once again strike a line against the government's attempts to use legislation to both reduce nitrogen emissions and restore nature. Minister Schouten says that these are the 2 requirements that the Nitrogen Emergency Act must meet, according to the Council of State. And she has no doubt that the law complies. Otherwise she would not have submitted the law, she said yesterday afternoon during the discussion in the House of Representatives. In contrast to the PAS, the law actually ensures that nitrogen emissions decrease in the short term. The left-wing opposition thinks very differently about this.

Decision next week?
A new House of Representatives debate is planned for next Thursday on the nitrogen problem, which will mainly discuss external netting. There was insufficient time for this subject yesterday, as the Ministry of Agriculture, Nature and Food Quality only gradually completed the House of Representatives debate mid-afternoon. the Letter to Parliament published. Late on Tuesday evening, the minister reached an agreement with the provinces. However, it cannot guarantee that provinces, such as Friesland, will have their own interpretation. After all, the central government cannot force the provinces.

Next Tuesday, the Agriculture Committee of the Senate will decide whether there will actually be a meeting and vote on Tuesday, December 18, on the legal sustainability of the Nitrogen Emergency Act, which is seriously doubted. It may be decided to postpone the treatment until January. If it were up to the PVV, another Emergency Act would be introduced. However, there is no support for this. Finally, a striking detail: Forum for Democracy has not contributed to the legislative consultations and parliamentary debate so far this week and is conspicuous by its absence. 

Text: Erik Colenbrander 

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