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Council of State does not eliminate low-emission stables

7 September 2022 - Klaas van der Horst

The RAV system has not gone overboard with the ruling made by the Council of State about low-emission stables. However, further assurance is requested with more information. The statement also does not apply to all barn types.

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This is how chairman Erwin Wunnekink of LTO Dairy Farm analyzes the state of affairs. "The barn types that Mobilization for the Environment (MOB) is currently facing belong to the older generation, which has been less measured," he believes. Much more measurement data is available for the newer types of RAV dairy barns and the innovation continues. The Council of State itself also clearly states that the ruling does not apply to stables for other animal species.

Appropriate test
However, the ruling remains annoying for livestock farmers who have an older stable type. New uncertainty and postponement await them. They have to wait for new measuring factors from the Committee of Experts on the Fertilizer Act (CDM). There must then be an 'appropriate test' to determine whether or not there is a 'significant effect' of the stable on nearby nature. For the latter, a model-based calculation is required.

Difficult decision for the Council
The Council of State has had a hard time reaching its ruling, because it creates a lot of uncertainty for hundreds of dairy farmers, the ruling states, but it could not have been otherwise. "The precautionary principle underlying Article 6(XNUMX) of the Habitats Directive and the strict interpretation given to it by the Court of Justice in a preliminary test and appropriate assessment do not allow a different outcome of the ruling."

Johan Vollenbroek of MOB crows victory over the ruling and believes that it shows the bankruptcy of the low-emission stable. According to him, there is only one solution: fewer livestock. That is certainly Vollenbroek's wish, but his conclusion seems too strong. The stable development does not stand still, just like a series of new techniques within the stable. Keeping techniques working properly also helps. The Council of State also acknowledges that not all options have been exhausted yet. It is not without reason that this points to possible solutions.

Management protocol
For example, on the advice of the CDM, the Minister of Agriculture, Nature and Food Quality has announced a study into the factors that are important for the proper functioning of the housing system. That can provide a (partial) solution. 'The current low-emission stables lack a 'management protocol', or an overview of instructions and regulations to make low-emission stables effective. There is also a lack of (annual) inspection, such as with an MOT," the court notes.

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