Hole in phosphate plan seems difficult to close

As of 1 May, beef farmers and other non-dairy farms will be excluded from the phosphate reduction scheme. The ministry announced this on Wednesday. This means that they do not have to forcibly remove animals and that dairy farmers may again be able to stable livestock at non-dairy farms. The latter could undermine the success of the scheme. What options do the dairy sector and Van Dam still have to close the gap?

Non-dairy farms were initially not covered by the phosphate reduction scheme. After all, the plan has been set in motion by the dairy sector. It is the dairy farmers who are responsible for exceeding the phosphate ceiling, not the beef farmers. 

Lock on the back door
The non-dairy farms were later added to the phosphate reduction scheme, approximately one and a half months ago. This was after signals from the dairy sector that dairy farmers were keeping their (young) cattle at non-dairy farms. In this way, various dairy farmers were able to escape the risk and they had to have fewer animals slaughtered or offered for export.

The dairy farmers reportedly did not really use this backdoor on a large scale. However, the dairy sector thought it was important enough to urge the ministry to put a lock on that door. After all, the dairy sector can only impose requirements on milk-supplying companies and not on non-dairy-supplying companies.

For this, the dairy sector needed the government and the regulation had to become ministerial. That's what happened. In February, Van Dam announced that the phosphate reduction plan also applied to non-dairy farms. 

Change within 2 months
Less than 2 months later, the now outgoing State Secretary has to change the scheme again. It appears to be legally and morally untenable to suddenly and retroactively impose on beef farmers to remove livestock because of an increase in phosphate production for which they are in no way responsible.

With this, Van Dam is forced to comply with the beef farmers who immediately went to court in February. The phosphate reduction scheme is therefore back to square one. That is to say: the phosphate reduction plan only applies to milk-supplying companies and to no one else. 

Stabling livestock at non-dairy farms
So the back door is open again. Dairy farmers could therefore once again house livestock at non-dairy farms and in this way partly escape the phosphate reduction scheme.

According to Wiebren van Stralen, policy officer at LTO Nederland, and Lubbert van Dellen, director of Food and Agri at Accon Avm, only a limited number of dairy farmers made use of this option in the period October to February. So the need to put a lock on that back door is there, but less necessary than it seemed last winter. 

Limited number of options
The question is also what options do Van Dam and the dairy sector still have to prevent evasion of the phosphate reduction rules? Van Dam himself writes that he wants to monitor the removal of livestock. However, the how of this has yet to be worked out. The content of the amendment to the law will in any case be announced before 1 May. This is announced by the Ministry of Economic Affairs. The change will take effect upon publication. The ministry is consulting with the sector about the details of the change.

Monitoring will be done via the I&R system. It is possible that RVO will monitor the livestock changes of dairy farms. If they encounter extreme matters, they will approach the relevant dairy farmer. If he cannot provide a death, slaughter or export certificate, he may have housed his cattle elsewhere in the Netherlands.

And then? The options for another lock, which are also legally tenable and enforceable, appear to be very limited. It is possible that ZuivelNL can impose additional requirements on their supporters. The possibilities that this will bring this year are still being explored. 

On course
Kees Romijn, chairman of LTO Dairy Farming, says that the reduction of the dairy herd is on track. It has fallen by almost 100.000 LUs. That is 62,5% of the total number of animals to be removed this year. This is necessary to be able to claim the derogation in 2018 as well. 

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