Violation too small
NVWA business blockades partly unjustified
The Dutch Food and Consumer Product Safety Authority (NVWA) should have provided tailor-made solutions in the event of an incorrect registration of the cattle. This was ruled by the preliminary relief judge of the Trade and Industry Appeals Tribunal (CBb) on 3 May. A complete corporate blockade was by no means always proportionate to the offence.
"The discussion that took place among many dairy farmers was that the NVWA said they should impose a business block", says Nico Bouwman, lawyer at Rein lawyers and advisors. "Now it is often the case that the NVWA keeps blocking until it is conclusively proven what happened to the cows and calves. Something that is difficult to determine, for example in the event of a rejection for 7 months."
Blockade partly lifted
The ruling means that the blockade at the dairy farmer who initiated the case against the NVWA was partly Will be cancelled† This is because the sanctions imposed must be proportionate to the seriousness of the violations, and must therefore be proportionate. It means that a trade-off must be made between the impact of the blockade and the seriousness of the violation. The alternative was to block the suspect animals.
With this ruling, the judge refutes the statements of Minister Carola Schouten (Agriculture, Nature and Food Quality). She stated that she had no other choice: "And that is not due to the lawyers, but to the politicians who have decided that a business blockade will follow if an incorrect registration in the Identification and Registration System (I&R) is made." So this turned out to be incorrect.
More than 2.000 wrongful blockades
"In terms of content, the discussion goes even further," says Bouwman. "In total, approximately 2.000 companies had to deal with a blockage. The advantage is that you can now ask the question with every blockage: would have liked this† The objection procedures are underway." Dairy farmers have to be careful here. "The arguments can still be supplemented before the hearing. My advice is to do this as soon as possible. If necessary, you can also submit a claim for damages in the event of an unjustified business blockade."
How important it is is apparent from the example that Bouwman gives. "I know of situations where a whole laundry list was looked up, because the data would not be correct. Of the 20 reports, only 2 cattle to be whose administration was incorrect. However, each individual mistake can have consequences for the criminal file and payment entitlements. By not objecting, you agree with the judgment and that can have major consequences."
Unblock
For now, the ruling mainly provides guidance for the group of dairy farmers who are in the so-called 'second round'. "It is estimated that between mid-April and the end of April, 90 dairy farmers Blocked." Bouwman emphasizes that it is important to object within 6 weeks. "If you let that period expire, you are actually saying that you agree with it." After the letter to object, the arguments can be supplemented. become.
Herman van den Pol
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