News Phosphate rights
Schouten decides what a disproportionate burden is
What is a disproportionate burden under the phosphate reduction plan? More dairy farmers are joining the group that is waiting for an explanation from Minister Carola Schouten (Agriculture, Nature and Food Quality) on this subject. In addition, a lot depends on the answer, because this will probably affect the system of phosphate rights.
The Court of Justice in The Hague ruled on Tuesday 11 September that the second group of dairy farmers was also unsuccessful in the appeal against the State. This appeal was lodged after the dairy farmers were exempted from the phosphate reduction plan.
Outcome no surprise
Jacoline Kroon, lawyer at A&S Lawyers, represents 85 of the 175 dairy farmers. "It was no surprise," says Kroon. "On October 31, the phosphate reduction plan for the first group was put into operation again." At the time, the government was proved right on the basis that the dairy farmers could foresee that the government would come up with measures after the abolition of the milk quota.
The Court of Appeal also does not want to look at the individual files, because that is one of the tasks of the Trade and Industry Appeals Tribunal (CBb). This means that the 2017 Phosphate Reduction Regulation will again apply to these 175 dairy farmers. It also means that fines still have to be paid.
"At the time, we decided to start the procedure in order to save time," says Kroon. "Otherwise the phosphate reduction plan would have come into effect immediately." Kroon explains that in 2017 there was too little time to initiate proceedings at the CBb. "That is why it was decided to still stretch time in this way."
object again
Following the decision, dairy farmers can again object. "It is important that objections are made on all grounds." on 21 August the CBb stated that it is necessary to re-evaluate per file whether there is a disproportionate burden† The Netherlands Enterprise Agency plays an important role here, because it must look with Schouten when there is a disproportionate burden and must also set the framework for this.
The frameworks drawn up for this will probably also be transferred to the phosphate rights system. How long do we have to wait for clarity? Kroon thinks this could just take a few weeks. Meanwhile, the end of the year is approaching and a large group of dairy farmers still do not know where they stand.
Herman van den Pol
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