Europese Commissie

Analysis Nitrogen mood

Derogation lost, is there still a way to recovery?

2 January 2026 - Klaas van der Horst - 20 comments

The Netherlands can't count on a new derogation for 2026 and the following years. At least, not for the time being. Certainly not as long as a BBB minister is in charge of LVVN, the House of Representatives recently made clear. Anyone wishing to fertilize anywhere in the Netherlands is bound by a standard of 170 kilos of nitrogen per hectare from animal manure, supplemented with some artificial fertilizer. This poses major problems for many livestock farmers, as there is already a substantial manure surplus. It will only get worse. And what will happen then?

There are technical solutions. Work is underway through the European Renure program, but this doesn't offer a solution in all cases. Moreover, strict conditions apply. Exporting manure can also help, but this isn't the ultimate solution either. With the rejection of the 8th Nitrates Directive action program by European Commissioner Roswall, a significant opportunity was missed for the Netherlands. The Netherlands has failed.

Roswall lists mistakes
In a letter Roswall explains to outgoing Minister of Agriculture Femke Wiersma what went wrong and why she decided against a new derogation. Wiersma and her own party, the BBB, have sometimes acted ineptly, it seems. For example, the abolition of the skimming of pig and poultry rights during trading was met with disapproval in Brussels, but that was a BBB hobbyhorse. Narrowing the buffer zones around vulnerable natural areas was also an ill-advised move. Incidentally, that move had already been prepared by Wiersma's predecessor, Piet Adema. 

The whole of the Netherlands is vulnerable
What isn't mentioned in the letter, but is a factor, is that the entire Netherlands remained designated as a nitrate leaching-prone area, even though measurements show this isn't the case and therefore doesn't need to be reported as such. The Netherlands is simply imposing too heavy a burden on itself. This could be done differently. Following the vulnerability of the entire Netherlands, the most important point in Roswall's rejection is the water quality. According to her, it is too poor, as it is overloaded with all sorts of nutrients such as nitrate and phosphate. 

Which water standard applies?
The Netherlands appears to be selling itself short with its water quality reports. Firstly, various parties are using different standards. The water boards and their umbrella organization use their own standards, but so do the RIVM (National Institute for Public Health and the Environment) and the Netherlands Environmental Assessment Agency (PBL). The Ministries of LVVN (Food and Consumer Product Safety) and Infrastructure and the Environment (I&M) also disagree on which data should be used. And then there's the measurement depth. Is it the same in the Netherlands as in other EU countries? The RIVM and PBL standard appears to be the standard sent to Brussels with derogation applications, but the government isn't entirely transparent about it. It is clear, however, that the Ministries of LVVN (Food and Consumer Product Safety) and I&W (Infrastructure and Water Management) recently clashed over this.

Agricultural emissions are a collection item
A problem with the RIVM and PBL's standard is that their agricultural data are not solely about agriculture. Emissions from other diffuse sources are also attributed to agriculture, as is the nutrient load associated with cross-border river water. The RIVM and PBL provide this information upon request. yourself, in their response to questions from journalist Geesje Rotgers. The item "agricultural emissions to surface water and groundwater" is a cumbersome item with a great deal of unnecessary baggage. The share of actual agricultural emissions is limited. More clarity and honesty about the nitrogen contribution of Dutch agriculture alone to water quality would be very helpful.

More control
So, quite a few things went wrong. Sometimes due to the use of inaccurate data, sometimes due to politically ill-advised decisions, and sometimes due to differences of opinion between the House of Representatives and government ministers. 
Livestock farmers who believe they can still get away with a large manure surplus are warned. The rejection of a new derogation will be accompanied by stricter enforcement by the Netherlands Food and Consumer Product Safety Authority (NVWA), and those fines will be substantial.

I&R data also for Environmental Service
They are also being closely monitored in other ways. The various government bodies, and possibly other parties, will gain better insight into the current animal numbers per farm and any latent space in the barns. This is thanks to a new data exchange agreement between the Netherlands Enterprise Agency (RVO) and the provincial environmental services. The environmental services are now allowed to access the I&R databases. This is in addition to the data that government bodies can already access from sources such as the Kringloopwijzer (KLW).

No measurement corrections
To top it all off, MOB continues to file lawsuits against livestock farms that, in its opinion, emit slightly too much nitrogen and land on vulnerable natural areas. The organization often wins such cases because the judge checks a highly predictable calculation and cannot rule out risks to nature. And no matter how significant the uncertainties in the calculation of nitrogen deposition, a lenient approach or the application of correction factors, such as those used in road speed measurements, is out of the question here. The judge relentlessly insists on accountability.

Do you have a tip, suggestion or comment regarding this article? Let us know

Klaas van der Horst

He is a dairy market specialist at DCA Market Intelligence. He researches market news and trends and interprets developments.

More about

Nitrogen mood
Comments
20 comments
Subscriber
lures 2 January 2026
This is in response to it Boerenbusiness article:
[url = https: // www.boerenbusiness.nl/artikel/10914993/derogatie-kwijt-is-er-nog-een-weg-naar-herstel]Lost derogation, is there still a way to recovery?[/url]
It's the end of the story for livestock farming; a few survivors remain on the margins. This will cause deep wounds, both directly and indirectly.
Subscriber
other peter 2 January 2026
I'm not involved in that area, but come on, don't be so pessimistic. It's only a few thousand dairy farmers who are affected. I know plenty of people who wouldn't care whether the derogation goes ahead or not. But if you've built your business model on an exception (because that's a derogation by definition) without considering a plan B, you've taken a huge risk. But there's plenty of land in the Netherlands used by farmers who don't have livestock. So you can definitely still find a use for your manure. Maybe now some manure will finally flow to the edges of the Netherlands, far away from the manure surplus areas. Think creatively.
Subscriber
juun 2 January 2026
other peter wrote:
I'm not involved in that area, but come on, don't be so pessimistic. It's only a few thousand dairy farmers who are affected. I know plenty of people who wouldn't care whether the derogation goes ahead or not. But if you've built your business model on an exception (because that's a derogation by definition) without considering a plan B, you've taken a huge risk. But there's plenty of land in the Netherlands used by farmers who don't have livestock. So you can definitely still find a use for your manure. Maybe now some manure will finally flow to the edges of the Netherlands, far away from the manure surplus areas. Think creatively.
There's insufficient space for manure placement in the Netherlands. Regardless of where you are, everyone can get whatever manure they want. But as stated above, assuming that an exception would last forever wasn't smart.
Subscriber
CM 2 January 2026
It's government policy to reduce livestock farming. Why can't you just add artificial fertilizer after the standard for animal manure? Arable farmers also want to use more animal manure than the current standard. Not to solve livestock farming problems, but as a free choice for arable farmers to meet their own needs. The option of adding more minerals with animal manure for those who want it is simply absurd that it's not possible.
Subscriber
the scarf 2 January 2026
We should be able to trust that there are European frameworks for nitrate measurement points. In Germany, farmers have won a lawsuit against the state because measurement points do not meet the requirements, resulting in red areas being removed. I had hoped that there were also professional or industry organizations here that would monitor this and take action if necessary.
Subscriber
Floor de Young 3 January 2026
Well, 'other godfather' one thing is correct in your argument: you are not involved in the matter
Subscriber
other peter 3 January 2026
Floor de Jong wrote:
Well, 'other godfather' one thing is correct in your argument: you are not involved in the matter
Your comment implies that the rest of what I wrote is incorrect. That might be true because, as an arable farmer in Zeeland, I'm not really familiar with livestock farming. However, many dairy farmers didn't participate in the derogation because it wasn't necessary for their situation. Or because they anticipated they would no longer participate in the temporary derogation. As an arable farmer, I'm only bothered by the derogation. This whole NV area policy stems from the decision the Netherlands made (thanks to the strong livestock farming lobby) to opt for the derogation in Brussels. The NV areas were the bargaining chip. So, because a few thousand dairy farmers don't want to invest in land to dispose of their own manure, I, as an arable farmer, am being cut back on my N land allowance because part of my land is in NV areas. While there's hardly any livestock farming in Zeeland.
Subscriber
Drent 3 January 2026
other peter wrote:
Floor de Jong wrote:
Well, 'other godfather' one thing is correct in your argument: you are not involved in the matter
Your comment implies that the rest of what I wrote is incorrect. That might be true because, as an arable farmer in Zeeland, I'm not really familiar with livestock farming. However, many dairy farmers didn't participate in the derogation because it wasn't necessary for their situation. Or because they anticipated they would no longer participate in the temporary derogation. As an arable farmer, I'm only bothered by the derogation. This whole NV area policy stems from the decision the Netherlands made (thanks to the strong livestock farming lobby) to opt for the derogation in Brussels. The NV areas were the bargaining chip. So, because a few thousand dairy farmers don't want to invest in land to dispose of their own manure, I, as an arable farmer, am being cut back on my N land allowance because part of my land is in NV areas. While there's hardly any livestock farming in Zeeland.
Exactly the same here, the arable farmer is the victim of this with limited areas because the livestock farming industry does not solve the problems.
Subscriber
juun 3 January 2026
and ultimately it is arable crops with overly intensive cropping plans that cause nitrate emissions.
Subscriber
other peter 3 January 2026
juun wrote:
and ultimately it is arable crops with overly intensive cropping plans that cause nitrate emissions.
These are intensive arable areas on the sandbanks where they don't even know what a combine harvester is, or only see pictures in trade magazines. But in the southwest, on primarily clay soil, an average of half the acreage is used for combine harvesters, flax presses, or alfalfa drying, etc. Not a particularly large share of intensive crops, no livestock farming, and yet still considered NV (Dutch agricultural land).
Subscriber
grey hairs 3 January 2026
Does arable farming know that their business model will dry up and they will have a shortage of organic matter?
Subscriber
juun 3 January 2026
other peter wrote:
juun wrote:
and ultimately it is arable crops with overly intensive cropping plans that cause nitrate emissions.
These are intensive arable areas on the sandbanks where they don't even know what a combine harvester is, or only see pictures in trade magazines. But in the southwest, on primarily clay soil, an average of half the acreage is used for combine harvesters, flax presses, or alfalfa drying, etc. Not a particularly large share of intensive crops, no livestock farming, and yet still considered NV (Dutch agricultural land).
That's not necessarily true. If you fertilize potatoes with 300 kg of nitrogen and then harvest 40 tons of potatoes due to drought, combined with the extra mineralization, you'll still have a substantial surplus. Ultimately, nitrogen-rich areas can be easily traced back to the coarse subsoil in drought-prone areas.
Subscriber
3 January 2026
Also check out today's article on foodlog.nl, written by editor-in-chief Dick Veerman, titled "A Year and a Half of Wiersma Really Did Pay Off." Interesting story.
Subscriber
other peter 3 January 2026
juun wrote:
other peter wrote:
juun wrote:
and ultimately it is arable crops with overly intensive cropping plans that cause nitrate emissions.
These are intensive arable areas on the sandbanks where they don't even know what a combine harvester is, or only see pictures in trade magazines. But in the southwest, on primarily clay soil, an average of half the acreage is used for combine harvesters, flax presses, or alfalfa drying, etc. Not a particularly large share of intensive crops, no livestock farming, and yet still considered NV (Dutch agricultural land).
That's not necessarily true. If you fertilize potatoes with 300 kg of nitrogen and then harvest 40 tons of potatoes due to drought, combined with the extra mineralization, you'll still have a substantial surplus. Ultimately, nitrogen-rich areas can be easily traced back to the coarse subsoil in drought-prone areas.
Do I understand you correctly: extra mineralization during droughts... Those areas in Zeeland are precisely not traceable to the criteria you set. All of northern Beveland is a limited area, as is part of Walcheren and part of the coast of western Zeeuws-Vlaanderen. Those are precisely three areas with substantial clay deposits, not drying out, and a large proportion of extensive crops in the crop rotation. However, they are areas with a LOT of tourism.
Subscriber
juun 4 January 2026
I'm referring to the nitrogen focus areas proposed in the 8th Amendment to the Nitrate Act. In some places, these areas have been designated for nothing, or based on phosphate.
Subscriber
It can freeze or thaw 4 January 2026
other peter wrote:
juun wrote:
other peter wrote:
juun wrote:
and ultimately it is arable crops with overly intensive cropping plans that cause nitrate emissions.
These are intensive arable areas on the sandbanks where they don't even know what a combine harvester is, or only see pictures in trade magazines. But in the southwest, on primarily clay soil, an average of half the acreage is used for combine harvesters, flax presses, or alfalfa drying, etc. Not a particularly large share of intensive crops, no livestock farming, and yet still considered NV (Dutch agricultural land).
That's not necessarily true. If you fertilize potatoes with 300 kg of nitrogen and then harvest 40 tons of potatoes due to drought, combined with the extra mineralization, you'll still have a substantial surplus. Ultimately, nitrogen-rich areas can be easily traced back to the coarse subsoil in drought-prone areas.
Do I understand you correctly: extra mineralization during droughts... Those areas in Zeeland are precisely not traceable to the criteria you set. All of northern Beveland is a limited area, as is part of Walcheren and part of the coast of western Zeeuws-Vlaanderen. Those are precisely three areas with substantial clay deposits, not drying out, and a large proportion of extensive crops in the crop rotation. However, they are areas with a LOT of tourism.
The government has only one goal: agriculture must and will be cut back, and all sorts of fallacies are put forward to achieve this.
Subscriber
time bomb 4 January 2026
If we don't make ourselves heard, we'll just let ourselves be snowed under, and if it lasts long enough, we'll come out melted, and that's what the House of Representatives and the cabinet want. There are quite a few people who know a lot about this and who can and want to help us if I ask them. boerenbusiness Read on. We need knowledgeable minds, not politically aligned, so no political agricultural representatives like Grinwis, Graus, and all those left-wingers from all the other political parties, including the VVD and CDA.
Subscriber
Drent 4 January 2026
juun wrote:
I'm referring to the nitrogen focus areas proposed in the 8th Amendment to the Nitrate Act. In some places, these areas have been designated for nothing, or based on phosphate.
What you're saying is completely wrong. I have high, sandy soil, and on one side of the road there's a limited area, but not across the road. It has nothing to do with phosphate. I'm also participating in a pilot project that shows minimal nitrogen remains in the soil.
Subscriber
Flevo farmer 4 January 2026
It can freeze or thaw wrote:
other peter wrote:
juun wrote:
other peter wrote:
juun wrote:
and ultimately it is arable crops with overly intensive cropping plans that cause nitrate emissions.
These are intensive arable areas on the sandbanks where they don't even know what a combine harvester is, or only see pictures in trade magazines. But in the southwest, on primarily clay soil, an average of half the acreage is used for combine harvesters, flax presses, or alfalfa drying, etc. Not a particularly large share of intensive crops, no livestock farming, and yet still considered NV (Dutch agricultural land).
That's not necessarily true. If you fertilize potatoes with 300 kg of nitrogen and then harvest 40 tons of potatoes due to drought, combined with the extra mineralization, you'll still have a substantial surplus. Ultimately, nitrogen-rich areas can be easily traced back to the coarse subsoil in drought-prone areas.
Do I understand you correctly: extra mineralization during droughts... Those areas in Zeeland are precisely not traceable to the criteria you set. All of northern Beveland is a limited area, as is part of Walcheren and part of the coast of western Zeeuws-Vlaanderen. Those are precisely three areas with substantial clay deposits, not drying out, and a large proportion of extensive crops in the crop rotation. However, they are areas with a LOT of tourism.
The government has only one goal: agriculture must and will be cut back, and all sorts of fallacies are put forward to achieve this.
What was the idea behind that?
Subscriber
juun 4 January 2026
As if anyone cares. I believe it all, it'll crash eventually, and then something will happen. So just let it crash once.
Comment on this article

You must be logged in to respond to this article.

What are the current quotations?

View and compare prices and rates yourself

Background Nitrogen mood

Utrecht's radical shrinkage plan draws full houses

Background Nitrogen mood

Chamber ignores Wiersma, forgets Nitrate Directive

Background Nitrogen mood

Own watercolors lead to a dispute in The Hague

Background Nitrogen mood

Cattle prod gate and derogation concerns

Call our customer service +0320(269)528

or mail to support@boerenbusiness.nl

do you want to follow us?

Receive our free Newsletter

Current market information in your inbox every day

Sign up