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News Phosphate rights

Legal action against phosphate discount in the making

4 May 2022 - Klaas van der Horst - 2 comments

A group of dairy farmers is investigating the possibilities of legal action against the Ministry of Agriculture. According to them, they were unfairly cut on phosphate rights in 2018. Discussions are underway with various offices. The discussion about this started after a report by Wageningen UR on the excretion standards for dairy cattle and the recent decision by Minister Henk Staghouwer to reduce the creaming to 10% when trading.

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This discussion is also known at LTO Netherlands and the NMV, but all responsible persons are on holiday and cannot be reached for comment. The Wageningen UR report is not new (from December last year), but is now attracting attention in connection with a discussion surrounding Kringloopwijzer data. When the phosphate ceiling was imposed in 2018, Kringloopwijzer data were already known, as the report on the excretion standards actually confirms. It is based on data from 2017, 2018 and 2019. However, the government based the phosphate measures on data from 2012. This is also evident from publications by the CBS. Why that happened is unknown. 

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The still uncorrected phosphate figures according to the CBS.

According to a number of dairy farmers, the use of the old data was unjustified. Especially because the 2012 data was based on less accurate background data than the Kringloopwijzer data. The Wageningen researchers confirm the latter. The Kringloopwijzer data make it possible to analyze the ration per 1.000 kilos of feed. That wasn't possible before that. 

Phosphate ceiling not approached
At the request of the Ministry of Agriculture, Nature and Food Quality, researchers Leon Sebek and Cees van Bruggen started working with the new data and calculated new excretion standards on the basis of it. With quite surprising results, says one of them. Based on the newer and harder data, they conclude that at least 3,6 million kilos less phosphate is produced than previously assumed. Retrospectively, this also means (although this is not literally stated in the report, but implicitly) that the phosphate ceiling for dairy cattle was not exceeded in 2018 and that dairy farming was not even in danger of exceeding it. The ceiling was set at 84,9 million kilos, while emissions based on the newer data stood at 2017 million tonnes in 81,1 and 75,1 million tonnes the following year. 

Advice on CVB and feed losses
On the basis of an almost ready advice from the Central Animal Feed Bureau (CVB) the undershoot could be even greater. Using old data is an annoyance for many farmer organizations. A specific point of attention in this respect is also feed losses. These are still calculated at around 15%, while the actual losses due to the use of feed mixers and the current high feed prices are closer to 2% or 3%. High losses equal throwing money away. The report on excretion standards does calculate higher nitrogen production with lower phosphate production, but according to researchers, the last word has not yet been said on this either. Dairy farmers focus more closely on lower emissions through the feed ration. 

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