Three dairy farmers who ran into difficulties with the introduction of the phosphate rights system in mid-2015 have been proved right by the judge that they were disproportionately affected. The Trade and Industry Appeals Tribunal (CBb) has quashed the decisions of the Minister of Agriculture, Nature and Food Quality in the files in three decisions. The judge adds an important nuance to the purpose of the phosphate rights system.
The above reports case law.nl. This concerns dairy farms that had no dairy cows on the farm on the reference date of the phosphate rights system (2 July 2015). Two dairy farmers were converting to an organic farm and had no animals in the barn at all that day. The livestock of the third farm was smaller on the reference date due to a combination of factors. He had been diagnosed with para-TB at his farm and he was also dealing with a failing stud. In all three cases, the bottleneck scheme did not offer a solution.
System not intended to make recovery impossible
In the judgments of these three cases, the judge makes a clear distinction towards the ultimate goal of the phosphate rights system: to stop the expansion of the dairy herd, so that the Netherlands can retain the derogation from the European Union. There was no question of expansion at the three affected dairy farms, the judge nuances. The phosphate rights system is not intended to make it impossible to restore a herd of livestock due to special circumstances or unintentionally dwindling, as stated in the judgment.
Insofar as the three dairy farmers reduced their livestock to the numbers that were licensed in the past and actually kept at the location, there is no question of an expansion that threatens the derogation. The minister must therefore grant an exemption. The judge rules that the Ministry of Agriculture must make a new decision in these three cases within six weeks, taking into account the rulings.
© DCA Market Intelligence. This market information is subject to copyright. It is not permitted to reproduce, distribute, disseminate or make the content available to third parties for compensation, in any form, without the express written permission of DCA Market Intelligence.
