Farmers Defense Force is considering going to court to legally undermine the cabinet's emergency legislation and underlying nitrogen policy. According to the organization, they are "legally untenable and carelessly implemented." Other actions also do not exclude the movement.
Farmers Defense Force (FDF) is seeking legal advice on how best to approach court, the board writes in an extensive newsletter to members and followers. It greatly hurts FDF that agricultural minister Carola Schouten continues to roll out the cabinet's nitrogen policy, without the agricultural sector having any influence on it.
Especially now that the corona crisis has led to many restrictions. According to FDF, during this period the cabinet is pushing "more than 84 laws through as a hammering piece, which are not discussed and discussed in the House of Representatives. Laws are implemented without us - the concerned and duped citizens - being able to use our democratic constitutional rights, such as the right to protest."
Shifting ammonia to nitrogen oxides
In short, FDF wants to build its legal defense on, among other things, the shift from ammonia to nitrogen oxides. According to the organization, the cabinet and the provinces are doing this by buying up livestock farms and redistributing the ammonia rights released as a result to "Schiphol, heavy industry and housing construction". The province of Noord-Brabant recently carried out this to enable the realization of an industrial park near Moerdijk.
However, according to the FDF, ammonia rights may not be used to be used elsewhere as nitrogen dioxide rights. It bases this on the European NEC Directive, which aims to prevent soil acidification. According to this guideline, "shifting reduced ammonia emissions to an increase in nitrogen oxide emissions is not possible". The cabinet also has an obligation to reduce nitrogen oxide emissions, which is how FDF interprets the guideline.
Improve air quality
In addition, nitrogen oxides are also known as particulate matter and therefore contribute to its emissions. While the Netherlands should reduce the limit values for particulate matter, FDF argues, in order to improve air quality. In the now infamous PAS judgment of the Council of State of 29 May 2019, FDF also finds arguments that put the transfer of ammonia to nitrogen oxides rights under discussion. Shifting the deposition form may not have any harmful consequences for the natural features of an area. "Nitrogen oxides, which have a strong acidifying effect, do have that."
FDF finds another objection in the study that the Agri Facts Foundation conducted at the end of last year and came to the conclusion that the Emergency Nitrogen Act is in conflict with the Habitats Directive. According to Agri Facts, the implementation of the law has no measurable effect whatsoever to prevent the deforestation of nitrogen-poor soil.
Giving yourself a reprieve
And FDF also refers to the European Convention on Human Rights. The organization refers to the so-called Urgenda judgment, in which the Dutch State has been ordered by the court to reduce greenhouse gas emissions by 2020% by 25 compared to 1990.
"Due to the corona crisis, the cabinet wants to grant itself a postponement to this mandatory reduction," writes FDF. "With regard to the assignment to improve air quality, the State of the Netherlands is more likely to flout the law. Despite the fact that this also entails an obligation due to the agreements made with 'Brussels'. A shift from ammonia to nitrogen oxides and particulate matter is not an option. in accordance with the duty of care."
© 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.
