Judge: 'Cattle farmer gets phosphate right for young stock'

Young female cattle that are older than 1 year and that have been slaughtered after the reference date for the granting of phosphate rights may be regarded as dairy cattle. This was announced by the Trade and Industry Appeals Tribunal on Tuesday 16 April in its judgment.

De lawsuit is driven by 3 beef farmers. These 3 farmers have appealed against the number of phosphate rights they have been awarded by Minister Carola Schouten (Agriculture, Nature and Food Quality).

The livestock farmers in question were initially allocated phosphate rights for their female young stock (older than 1 year). However, afterwards Schouten withdrew the phosphate rights from 2 of the 3 livestock farmers, while the other livestock farmer was never allowed to receive the allocated phosphate rights. 

Policy change
The reason for the withdrawal of the rights mainly has to do with the policy changes that Minister Schouten made last summer. She then added to the Fertilizers Act that young stock, which is kept outside dairy farming, only needs phosphate rights if the young stock is destined to become suckler cows. 

This policy rule was mainly added because there would be a form of prohibited state aid for livestock farmers who would receive phosphate rights for young stock that would never calve. 

Judge agrees with farmers
The beef farmers believe that they can indeed claim the withdrawn phosphate rights, because they had already partly sold these rights and are therefore held liable by the buyer. Another argument is that they need these phosphate rights for their business development.

The judge shares the arguments and upheld the appeals. The judge is of the opinion that Minister Schouten in the Fertilizers Act gives too limited an explanation of the definition 'dairy cattle'. Schouten's explanation is not consistent with the explanation and history of the Fertilizers Act. The judge also finds that the law should not be interpreted in this way, because then there is unauthorized state aid.

Minister Schouten has 6 weeks to object to the judge's decision.  

Wouter Job

Wouter Baan is editor-in-chief of Boerenbusiness. He also focuses on dairy, pig and meat markets. He also follows (business) developments within agribusiness and interviews CEOs and policymakers.

w.baan@boerenbusiness. Nl

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