In response to Van Dam

Dairy farmers also appeal

15 May 2017 - Esther de Snoo - 26 comments

The 5 dairy farmers are appealing against the use of the Agriculture Act to safeguard the phosphate reduction plan.

They do this in response to the decision of the Ministry of Economic Affairs (of Friday 12 May) to also in higher appeal against the judge's phosphate ruling on May 4† These 5 dairy farmers, represented by lawyer Peter Goumans of Hekkelman Advocaten, were 1 of the 5 groups of dairy farmers that had initiated summary proceedings. 

We are forced to litigate further

Continue to litigate
Goumans: 'Our appeal has a direct relationship with that of the Ministry of Economic Affairs last Friday. They are challenging the judge's decision. We are then forced to litigate further.' The dairy farmers want to use the Agriculture Act as legal guarantee of the 2017 Phosphate Reduction Regulation to be assessed by the court.

According to Goumans, this law may not be used for fertilizer purposes. 'The Agriculture Act is intended to regulate food production and food prices. For example, the super levy, a quota for milk, is regulated by the Agriculture Act. It's not about food now, it's about phosphate.' 

Agriculture Act
State Secretary Martijn van Dam has used the Agriculture Act to provide legal safeguards for the regulation for a universally binding declaration. This is necessary to bring all dairy farmers under the scheme. The Agriculture Act is an old law, made in 1957. 

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Comments
26 comments
Hans 15 May 2017
This is a response to this article:
[url=http://www.boerenbusiness.nl/melk-feed/ artikel/10874514/melkveehouders-gaan-ook-in-hoger-beroep][/url]
Yes, great that legal haggling, isn't it..........
I understand that this reduction rule is going to cause major problems here and there, but everyone understands the need for it, I hope?
The lawyers will go all out, I understand that, after all it is their job.
I hope, if due to all these procedures, the derogation is lost in the future, we can also lay the bill with these so-called rightholders.
There is a real possibility that, thanks to these short-term thinkers, another 400.000 cows in the Netherlands will have to leave next year.
This while everyone was already assigned a dairy cattle phosphate reference in 2013.
water willow 15 May 2017
hans, you can't lay the bill for these wrong regulations with those who defend themselves against it
Mart 15 May 2017
Hans, the dairy cattle phosphate reference 2013 was not allocated until July 2015. So nobody knew before that how many dairy cows could be kept after that.
Anyone who built or made commitments in the years prior to July 2, 2015 has fully rightly assumed that dairy cows can be kept in these stalls. In fact, the construction of many large sustainable stables has been stimulated by RVO, by providing substantial subsidies (SDE, Mia, Vamil). There is nothing worse than an unreliable government.
geert 15 May 2017
No you have , yes you might get
a. 15 May 2017
Hans derogation is lost anyway. van Dam is a pvda.man and the pvda wants fewer animals. so the rvo lto dairynl [campina] etc the self-proclaimed so-called sector. make a smoke screen[or they are really that stupid] and derogation is going on.en pvda always wins no matter how it ends. now we have been struggling with phosphate reduction for 6 months and there is still unimaginable milk in the supermarket. Wouldn't it be easier not to supply milk for a week and to enforce a good workable solution for all dairy farmers.
Port 15 May 2017
Agree with Hans. Everyone knew that it was impossible to grow on this scale, but there are farmers who hope that someone else will die so that they can grow even more. Everyone who has grown after July 2015 has contributed, including the organic farmers. They should pay the bill and the one who has not grown should be spared. It is also entrepreneurship to estimate the consequences of your actions, but many of us do nothing.
Karel 15 May 2017
When it comes down to it everyone is a bottleneck
We all made commitments before July 2, 2015
We'd better stick to July 2, 2015 and say goodbye to a small group
Problem solved
Bert 15 May 2017
It would be a shame that a large group has to bleed for a few (trapped) dairy farmers
Harbor is right
boer 15 May 2017
Is the individual suffering in a large group different from the individual suffering in a small group?
Bert 15 May 2017
farmer
That's why everyone is equal July 2, 2015
boer 15 May 2017
Bert, I would fight for my own business and income regardless of which group I am counted in.
Good arguments and legislation must be used for this.
It is not appropriate to let a small group die because they are actually old, young, red-haired or pinched.
geert 15 May 2017
everyone has made commitments, the chaos is complete!
Bert 15 May 2017
farmer
That's also such a shame that you go for yourself, you have a few more of those
I'd rather belong to that group that does accept July 2, 2015
An entrepreneur can switch and will get over this
He doesn't ask for the favor of another, can hold up his own pants
Co 15 May 2017
Wrong policy of the PvdA for four years. It's fantastic that now it's actually being truncated. Reducing is OK, but with compensation. After all, there were plenty of stoppers. mm
Ik 15 May 2017
Let go of the derogation and everything is over, that's the solution. And if the Derogation farmers want to keep it, they will cull more cows themselves.
Henk 16 May 2017
I'm done with it.
20% 'large' growers cause this problem.
are now going to court and apparently they are also right.
the phosphate quota was just full in 2014.
everyone knew that, and went on anyway because they wanted to grab as many rights as possible.
And now whine because they made commitments?
the point is near me that I say turn off access to these types of businesses and let them drain the milk.
I do not intend to accept an extra discount to compensate for the large growers.
mores 16 May 2017
In 2013 to 2014, many companies invested in new stables with government IDS subsidy of up to 20% of the construction costs. All these companies also have an NB permit. Now saying that these companies could have foreseen everything is very weak. They all meet the requirements. required permits which many other companies lack. Discount is not necessary at all, subtract the exported manure from the ceiling and everything is solved.
nb 16 May 2017
in 2013 I made my NB permit for each other bought ammonia stable space was already there and I am land-bound NB permit I want to complete with my own rearing but yes due to these rules that is not possible to realize it is ridiculous that I have to pay for everything 2-7-15 for each other had to pay again for the genes that don't have it together
peter 16 May 2017
Let go of derogation and all legal nonsense is over, that's the solution.
And if the Derogation farmers would like to keep it, they clean up more cows themselves, add this to the 80% grassland requirement!!!!!!!!!
Henk 16 May 2017
each one equals the genes that have started to keep more cows or if you are on the highway 100 where you are only allowed 80 who pays the bill
Bob 16 May 2017
Have the government buy up the places that cannot use the bottlenecks and partially withdraw the permit
If they want to use the places later, they must first pay the money back to the government
Problem solved
Bert 16 May 2017
bob,
Leave the choice to the farmers without limitation period!
Great plan, you meet the judge's demand nicely!
mvb 16 May 2017
No more extra discount here for compensating for those stupid extreme extenders! after July 2

DONE WITH THAT I I I I mentality at naive boern
a. 16 May 2017
Dear colleagues, do you remember why the milk quota was abolished in 2015? and what arguments have been used to make that possible? for the non-growers First let your quota make worthless then some cows have to cull. buy additional phosphate rights in 2018 to get the same number of animals. And then blame the growers/entrepreneurs. Why have the non-growers done nothing to maintain the quota.
Hans 16 May 2017
Folks, don't worry so much.
In a good economy, a couple has to go bankrupt, and that's necessary here too.
July 2, 2015, and no exceptions!
This is the only way to get livestock farming in the Netherlands back to health.
All these exceptions make the entire sector in our country economically unsustainable.
water willow 16 May 2017
Hans I think you covered yourself well on that date
a. 16 May 2017
best man when companies go bankrupt, it is usually the ones that just don't have enough debt. the companies with a lot of debt become even bigger. I would not like to sit next to a very large company as a smaller company.
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