News Nitrogen
Data PAS detectors end up on the street
The Council of State has ruled that the Ministry of Agriculture, Nature and Food Quality (LNV) must disclose the location data of 10 PAS detectors. The Council of State thus reaches the same verdict on appeal as the court in Noord-Holland did last summer.
The case was brought by environmental organization Coöperatie Mobilization for the Environment UA (MOB). They believe that all PAS reports made between 2015 and 2019 should be made public in order to form the most complete picture possible of nitrogen emissions in our country. Minister of Agriculture Carola Schouten made known the number of reports (3.500 units), but omitted the location data. This to the annoyance of MOB, who then submitted the case to the Noord-Holland court.
Appeal
For practical reasons, the court first decided to rule on 10 reports from farms from the provinces of Friesland, Groningen, Drenthe and Overijssel. The court ruled on this in July 2020 that the minister also had to make the location data of the companies public. Schouten and LTO Noord appealed against that ruling to the Council of State, which now rules that the location data must still be made public.
Location data concerns environmental information
The Council of State states in an explanation that the location data does not only concern environmental information, but also emission data. The shoe pinches at this point. The Open Government Act (Wob) offers few options for not providing this information.
There was another way to prevent the disclosure of the location data. This would be legitimate if the safety of the farms concerned were at stake. In that case, Schouten should have demonstrated this, but according to the Council of State, that has not happened enough.
LTO disappointed
LTO Nederland is disappointed in the judgment of the Council of State, but accepts the ruling. "We have opposed the publication of this data up to and including the highest court, because it violates the privacy of entrepreneurs and their families. It is very disappointing that the Council of State sees it differently," said Trienke Elshof chairman LTO Noord Regio North.
PAS detectors permit within 3 years
The PAS reporters receive a permit within 3 years. Vera Pieterman, Program Director Nitrogen Approach at LNV, announced this on Monday during a webinar about nitrogen from the Ministry of LNV. "It is a group of entrepreneurs who are without a license through no fault of their own and can therefore get into trouble. What has now been included in the bill, by amendment of the House of Representatives, is that there will be a legal program to really target this target group within three years. provided with a permit, so can really be legalized," says Pieterman.
Wouter Job
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