Weaknesses of phosphate and LSU found

Slowly but surely, the phosphate reduction plan is taking shape. Because more and more is becoming established, lawyers can also start to take stock and investigate where they can assist entrepreneurs. In particular, the reference date, which has often been identified as the weak spot, appears to be fodder for lawsuits.    

A well-known name in agricultural law is France Damen. It announces that it is already investigating the opportunities offered by a case against the regulation for the shrinkage of Large Livestock Units (LSU) and, by extension, the phosphate rights. Although the scheme is not yet complete. We still have to wait for the guarantee. This will take place via a ministerial regulation, based on Article 13, and is expected in mid-February.

It is clear that the LU scheme has negative consequences for many companies. As a result, entrepreneurs have been looking at possibilities to sue the state ever since Sharon Dijksma announced the introduction of phosphate rights. Something that is partly fueled by the fact that politicians first focused on limiting growth via land, but only opted for a different brake on growth at a too late stage.

An attempt is now being made to bring phosphate production under the ceiling again by means of the LU scheme, the feed track and reduction of the dairy herd. The phosphate rights will follow on 1 January 2018. The reference date of 2 July 2015 is important for these schemes. 'This means that the objections to the LU scheme for some companies are related to the objections to the allocation of phosphate rights.'

Damen writes that various legal specializations come together in this file, such as agricultural law, administrative law, competition law and cooperative law. Damen does not specify the exact possibilities, but due to the reach of the file, it can be argued that it is impossible to prevent lawsuits.  

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