Background Nitrogen
Only legislation can stop the exchange of NH3 and NOx
New legislation is needed to prevent the exchange of NH3 (ammonia) and NOx (nitrogen oxides). On the basis of existing legal bases and arguments, the case is clear. Exchanging ammonia from livestock farming for nitrogen emissions from (air) traffic and industry has not met with objection from the Council of State.
It shows that the trade-in is allowed a statement of the Council of State, which already dates from the end of last year. Both substances cause deposition, whether it is acidifying or eutrophicating. With reference to a report by Alterra, the Council of State states that it explicitly states 'that no separate critical deposition levels for ammonia have been derived because the effects that occur in the ecosystem are mainly related to the total nitrogen load, i.e. with both NOx and NH3 '. "As far as the effects of nitrogen deposition on nitrogen-sensitive habitats are concerned, it is therefore irrelevant whether the nitrogen deposition has an acidifying or eutrophicating effect, but whether this affects the natural characteristics of Natura 2000 areas," according to the ruling.
Van der Wal takes his time
Last month, the House of Representatives passed a motion to prevent the exchange of NH3 and NOx for external net metering. Van der Wal indicated that he would need at least another six months to create barriers between ammonia and nitrogen oxides. She did not make it clear whether that six months will be spent on consultations about this within the cabinet or whether it is necessary for legal preparations. If Dutch politicians want to set limits on the exchange of NH3 and NOx, as is regularly stated, then new legislation is needed. After all, the matter has already been decided by the court for the time being.
With a shot between the various emissions, PAS reporters or certain nature areas could be helped sooner, while large companies are now buying rights to legalize their existing situation.
Area-specific customization
Nitrogen advisor Johan Remkes stated in his first nitrogen report 'Not everything is possible everywhere' from 2020 that the exchange of ammonia and nitrogen oxides is not in line with the main line of his advice. "The possibility for NOx-emitting companies to buy up farms does not fit with the area-specific tailor-made approach, as advised in this report."
A majority in the Lower House seems to follow this line of thinking, but it is not clear whether they really want to do anything with it. The initiative is left with Minister Van der Wal, proposals for legislation by the House have not yet been identified.
What the judge thinks of the carry-over of emission allowances in particular is also not yet clear. For example, can the emissions of a farmer from the east of the Netherlands be used to compensate emissions from Schiphol on, for example, nature in the dunes?
Klaas van der Horst
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