LTO Noord warns of chaos surrounding the external netting of nitrogen space. While external netting with nitrogen space has been made possible in the provinces of Noord-Brabant and Zeeland since 15 September, the province of Gelderland does not want to go further than temporary lease or lease for the time being.
According to LTO Noord, farmers' families are even more uncertain now that the trading of nitrogen space in several provinces is being considered. This is on top of the uncertainty that has existed for some time since the PAS reports were declared invalid by the highest court in the Netherlands.
Trienke Elshof, director at LTO Noord, first requires clarity from the minister about the so-called PAS detectors. In this she finds the provinces on her side. The province of North Brabant, where nitrogen space can be traded and external netting can be done via the Nitrogen Support Desk since September 15, is also asking the minister for clarity about the PAS reporters as soon as possible. They made a report in good faith instead of applying for a permit through the nature conservation law. As a result, they have been in uncertainty since May 2019.
Step-by-step plan LTO North
LTO Noord is not against the trading of nitrogen space, but does believe that existing farmers and horticulturists must first be clarified before nitrogen space can be traded. A step-by-step plan has been drawn up for this.
First of all, clarity about the PAS detectors, but the nitrogen registration must also be in order before external netting can be done. The province of Noord-Brabant does not recognize itself in this criticism, but the province of Gelderland does. The province of Noord-Brabant says it has sufficient experience with nitrogen registration. According to them, it is also clear what the starting situation of livestock farms is, namely the numbers of animals in the Nature Conservation Act.
According to LTO Noord, there is no guarantee that no nitrogen space will be lost due to procedural errors. The interest group is supported in this by the Provincial Executive of the province of Gelderland, which has for the time being only made possible (rental) lease of nitrogen rights, also to parties outside the agricultural sector.
Proper registration
Trienke Elshof: "It must become clear who has nitrogen space, which transactions take place and how much nitrogen is reduced through development and sustainability. In addition, the nitrogen bank must prevent nitrogen space from leaking out. The registration system must be combined with a nitrogen bank from which the necessary developments in the areas can be done yourself."
Like LTO Noord, the Province of Gelderland is concerned that external netting will lead to uncontrolled purchases of agricultural companies and the leakage of nitrogen space. In addition, this can lead to unwanted vacancy and degradation of the rural area. Opening up external netting with livestock farms in Gelderland can only be done if good additional measures have been taken to prevent these undesirable effects.
To prevent undesirable effects, a transparent nitrogen registration bank is the appropriate means, as the House of Representatives has agreed with Minister Schouten. But apparently the province of Gelderland still has too little confidence in this instrument to make permanent external netting possible. This is in contrast to the province of North Brabant. They also assume that external netting will remain limited for the time being, even if there is a lot of supply. Incidentally, it takes six months before the transaction and registration process is completed via the Noord-Brabant Support Desk, says deputy Erik Ronnes.
Trienke Elshof, LTO North
According to LTO Noord, the provinces are tired of waiting for The Hague. "For some time now we have been urging the provinces and in The Hague that the basic conditions must first be properly arranged," explains LTO Noord director Trienke Elshof. "If the provinces allow external netting before the basic conditions have been properly arranged, that will cause a lot of problems."
Untenable at European Court?
Interest group Agractie points to the opinion of legal specialists who say that the external netting at the European Court will not hold up in any case. "Perhaps the highest Dutch court will go along with Johan Vollenbroek's MOB action group, but the highest European court will not. Exchanging natural ammonia from livestock farming for polluting NOx nitrogen from industry and traffic is an unsustainable exchange trick." , said Agractie.
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