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News Analysis

Hexagon nitrogen reduction legal fantasy

3 July 2020 - Erik Colenbrander

The government parties did not vote last night in favor of the Bishop motion of the SGP, which refers the 'crude protein in compound feed reduction' scheme of LNV Minister Schouten to the trash can. As an alternative, a CDA/VVD motion was passed that still leaves the door ajar that the sector proposal will still be implemented instead of the minister's own feed approach.

But that's politics for the stage, as is LTO's unprecedentedly fierce statement that political theater is nothing like it. LNV Minister Carola Schouten sees no other option to meet the requirements set by the court than through her crude protein reduction approach, which is the only one to guarantee at hexagonal level that each individual company makes a contribution. This is a hard legal requirement, which she also described in a letter to parliament.

Doing nothing is irresponsible
Any other plan that has been devised or that could yet be devised apparently cannot withstand the judicial review. Schouten has therefore also made it clear that the adopted CDA/VVD motion, which provides for a new calculation by the PBL and a choice between the ministerial regulation and the sectoral approach, does not offer a solution, in her opinion.

Sector reduction plan not legally strong enough

LNV Minister Carola Schouten

However, the government cannot afford to do nothing, because then construction will stop and the development of the road network will slow down. At all costs, the unprecedented economic crisis that is coming due to the corona crisis must be prevented from becoming even worse.

Honeycomb structure of 1 hectare
What she ignores, however, and which no party has raised in the parliamentary debate, is the concept of hexagon level. You must have studied higher mathematics to find out what this entails. Hexagon level means honeycomb structure with 1 hectare squares each. This term hexagon is also leading in the AERIUS calculation module, which is decisive in the elaboration of the Emergency Nitrogen Act.

Nitrogen reduction at the hexagon level is only a legal reality. Do the minister and the judge really think that a ministerial regulation, in contrast to all other conceivable plans, does offer the guarantee of nitrogen reduction on every hexagon of 1 hectare? That can not be true. After all, there is no legal guarantee of where, when, what amount of (slurry) manure of which composition is applied under which weather conditions.

No expert is prepared to throw in the towel to ensure that Schouten's ministerial regulation comes even close to nitrogen reduction at hexagonal level.

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