Jacqueline Wijbenga

Inside Nitrogen crisis

'Nitrogen law completely locks up agriculture'

12 January 2021 - Wouter Baan - 6 comments

If the Nitrogen Reduction and Nature Recovery Act is also passed by the Senate, agriculture in our country will be completely shut down. John Spithoven of the Nitrogen Claim Foundation warns about this. According to him, the law also offers no solution for the so-called PAS reporters.

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Just before the Christmas recess, a majority of the House of Representatives voted in favor of the so-called nitrogen law of Agriculture Minister Carola Schouten. The Senate will consider the law at the end of this month, which was not received with reluctance from various parties within the agricultural sector. The law prescribes that the so-called PAS detectors receive a permit and therefore no longer operate illegally. This appears to provide a solution to a major agricultural headache.

Reduction before new activities
The first of the approximately 2021 PAS detectors can be legalized around May 3.000, Schouten promised last month. According to the Minister of Agriculture, the required nitrogen space is available from the warm remediation of pig farming. According to Spithoven, the fork is in the stem differently. "The law prescribes that the reduction targets must first be achieved before space is granted for new activities."

The reduction targets prescribed by the law are significant. It has been established that by 2025, 40% of the area of ​​nature areas vulnerable to nitrogen will be below the critical deposition value (KDW). The target for 2030 is 50% and in 2035 even 74%. "In short, there will be no nitrogen space available in the coming years, including for PAS detectors. The agricultural sector, but also other economic activities, will be closed," says Spithoven.

Spithoven also bases the apparent solution for PAS reporters on parliamentary questions that Frank Wassenberg submitted on behalf of the Party for the Animals on Monday (January 11). Wassenberg asks Schouten whether she shares the opinion that it is irresponsible and legally indefensible to spend nitrogen profits on new activities. Especially as long as nature reserves, Wassenberg argues, are overloaded with nitrogen. Spithoven can guess the minister's answer. In his view, this makes it very likely that the law has no solution for PAS reporters.

First room
It frustrates the chairman of the Stikstofclaim Foundation that many agricultural advocacy parties do not want to recognize this, despite repeated insistence. "We have provided various documents and memos in recent months, but I wonder whether they have been read at all." It is difficult to indicate how to proceed, according to Spithoven. "It is the task of the Senate to test the nitrogen law for legality. Hopefully this will offer a solution, although I do not want to prejudge that." Spithoven has noticed that (political) parties have requested information from the Stikstofclaim Foundation in recent days.

If the law passes the Senate, the Stikstofclaim Foundation will consider taking legal action. According to Spithoven, the scientific basis of the Aerius Calculator, which is used to calculate nitrogen emissions, is flawed on all sides. He suspects that the Nitrogen Act will also be challenged 'on the left'. According to him, the critical statements of environmental activist Johan Vollenbroek are a signal of this. Vollenbroek is bothered, among other things, by the fact that farmers can move their businesses around vulnerable nature reserves.

According to Spithoven, going back to the drawing board in Brussels is the only solution to tackle the nitrogen problem. "Why has the Netherlands chosen to focus solely on nitrogen deposition in order to comply with the European Habitats Directive? This can also be done differently."

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