Stricter on violation
Still changes in derogation
The Netherlands has been granted a permit for the derogation that provides for extra placement space for nitrogen. This is new because it was a decision. The derogation also states that a violation can result in exclusion. What else will change, and why should the manure sector and pig farming now also get to work?
Until 31 December 2019, the Netherlands again has a derogation that is additional provides placement space for nitrogen† It is new that it is no longer a decision, but a permit. Minister Carola Schouten (Agriculture, Nature and Food Quality) in a letter to the House of Representatives: "This is a result of the European Commission (EC)'s efforts to further align the derogation decision for the Member States." Schouten reports that the aim is to ensure that there will hardly be any difference in practice.
Derogation will cost money
Things will definitely change from 2019. Schouten then plans to charge a limited fee, as is customary for a permit. Another change is that from next year the derogation companies must submit the mineral administration before 31 March. This is to have sufficient time to check whether all regulations have been met.
31
March
In addition, it is also new that failure to comply with the regulations does not only result in a fine. This is because there is also the option of excluding the companies concerned from the derogation in the following calendar year.
Tackling manure fraud
The derogation for nitrogen is part of the Nitrates Directive, which ultimately concerns the improvement of water quality. However, the magnifying glass from Brussels is not on that, but on the manure fraud† Something that the sector has picked up and about which Schouten says: "Now a crucial phase has begun, in which the measures must be implemented; tangible for the entrepreneurs in the sector and visible for the people outside it." Schouten argues that the existing culture must be broken into.
However, it does not stop there, because the EC is also watching and wants a stronger enforcement strategy; the deadline for this is September 30, 2018. For this, the Commission also wants an assessment of the scale of the fraud and the extent of intentional non-compliance with the rules. In addition, it is requested to identify the areas where the risk of non-compliance is greatest.
Control in the chain
It continues to monitor the problems. The EC asks for the capacity for inspections and checks to be strengthened. At the same time, the derogation companies are given a pat on the back, because the environmental results are described as good. The percentage of checks therefore decreases from 7% to 5%. In addition, the Netherlands Food and Consumer Product Safety Authority (NVWA) is also free to deploy, which Schouten wants to deploy on riskier components.
More capacity will be made available for monitoring the manure chain, but Schouten will also invest in the technology of the Netherlands Enterprise Agency (RVO.nl) and the NVWA. The aim is to gain a better understanding of the fertilizer chain in this way. This should make it possible to monitor electronically and to use enforcement in a targeted manner.
New derogation?
Before former State Secretary Martijn van Dam, Sharon Dijksma already indicated that it is now up to the sector itself. Schouten makes it even more concrete. She indicates that when considering whether to apply for an extension, the practical results that have been achieved in practice will be taken into account. This concerns compliance with, among other things, the fertilizer rules, in which the sector itself bears a heavy responsibility. Not the water quality, but manure fraud now dominates the playing field.
Herman van den Pol
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