On Wednesday 29 May, the Council of State ruled that the PAS was insufficiently substantiated to grant a permit for new activities. The ruling has major consequences for permit applications under the PAS. There is also a fear that agriculture will be 'locked down' as a result and grazing will be hindered.
As part of the lawsuit, 180 permits have been arrested. The ministry assumes that these permits will be destroyed. The ministry is currently working on interpreting the ruling with the other PAS partners (the Ministry of Infrastructure and Water Management, the Ministry of Defense and the 12 provinces). Minister Carola Schouten (Agriculture, Nature and Food Quality) will inform the House of Representatives as soon as possible about the consequences of the ruling.
LTO Netherlands and the Pig Farming Producers Organization (POV) are surprised by the ruling on the PAS. It seems that the Council of State is taking less space than the European Court gave, they say. They are also disappointed because the reports made do not hold up. The permits that have been granted and are irrevocable will be respected. LTO Netherlands and the POV will ensure that this also happens in practice.
Grazing and fertilizing
The advocates are very concerned about the ruling that the Council of State has made regarding grazing and fertilization, because these activities now require a permit. According to LTO Netherlands and the POV, this is unworkable and also undesirable. "It is precisely to make the agricultural sector more sustainable that development space is needed. We insist on a collective facility so that we can keep the cows in the pasture," writes Trienke Elshof, portfolio holder Entrepreneurship in a Healthy Environment at LTO Netherlands.
Franca Damen, lawyer at Kneppelhout & Korthals, also reports that she is very concerned about the permit requirement for grazing and fertilizing. "There is no system for granting permits for grazing and fertilization," Damen writes. "It is not known how nitrogen emissions from grazing and fertilization should be calculated." Damen advocates a flexible method of enforcement by the government. "Farmers must be given the opportunity to still comply with the permit requirement."
The ministry indicates that it appears that entrepreneurs with plans for adjustments to their company can still apply for a permit, provided it is proven that these adjustments do not lead to increased nitrogen emissions. Damen explains that it is therefore difficult for newer, modern companies to still qualify for a permit under the PAS: these companies already use newer techniques and can therefore make less progress.
External netting?
According to Damen, the ruling also indicates that so-called 'external netting' is possible again, although the Council of State does impose a number of conditions. This option was previously terminated because within the PAS it would lead to double counting of the nitrogen space of companies that stop. The Council currently states that this does not have to be the case. The appropriate assessment includes the nitrogen space of closing companies. A calculation was made of the number of companies that are expected to close down. Now that the Council states that one should not anticipate the effects of measures, the possible double counting no longer applies.