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Greenpeace statement on nitrogen approach
The court in The Hague ruled on 22 January 2025 that the Dutch government is not taking sufficient measures to limit nitrogen deposition on Natura 2000 areas. Lubbert van Dellen, market director of Flynth, provides clarification on this ruling.
Greenpeace had filed this case because the government will not meet the nitrogen reduction targets in 2025 and probably also in 2030. The judge orders the State to meet the nitrogen target for 2030. In addition, 50% of the surface area of nitrogen-sensitive nature reserves must be below the critical threshold value by 31 December 2030 at the latest. In the event of failure, a penalty of €10 million applies, which Van Dellen considers relatively low.
Mild pronunciation
Van Dellen calls the judge's ruling mild. The targets for 2025 are no longer feasible, so the judge drops that requirement. The judge also ignores the heavier requirement that Greenpeace requested for 2030. However, the court does oblige the State to achieve its own targets for 2030 and to take additional measures immediately. Achieving the targets for 2030 that the State has imposed on itself through the 2021 law is impossible to achieve with the knowledge we have now. That requires a change in the law and an entire legal process for politics. In any case, legislation is needed to clarify how and through which channels the State wants to achieve the targets.
Don't use double standards
Van Dellen calls on the government not to apply double standards. The industry and mobility sectors are asked to emit less nitrogen with technical measures and innovative techniques, while the agricultural sector must focus primarily on shrinkage. He also sees opportunities in livestock farming for achieving nitrogen reduction with management measures and especially innovations in housing and manure processing. Whether the required reduction is achieved by 10% shrinkage of the livestock population and 90% by applying technology and innovation, or by a different ratio, requires coordination and decision-making by the State with the sector, and then legislation.
Look ahead
Van Dellen advises (agricultural) entrepreneurs to get started with what can already be achieved. And to have a clear picture of how their own permit is structured and what is and is not possible with surrounding nitrogen in the future, in addition to the possible measures on their own company. That requires a lot of their entrepreneurial capacity and resilience. For example, we are following with positive interest the steps that the province of Gelderland is now taking with a few PAS reporters who are located further than 500 meters from a nature reserve. Flynth's advisors can help to map out the situation and possibilities of individual companies. Want to know more? Read the full article of Lubbert van Dellen or Please feel free to contact Flynth.
