PAS finally fired, what now?

The Council of State decided this spring that the Nitrogen Approach Program (PAS) may not be used as a basis for permission for new activities that produce nitrogen. It remains to be seen how the competent authority will deal with the reports made. More clarity is only expected in the autumn.

The Council of State was very clear in its ruling: the calculation program may not be used at short distances. That is, within a radius of 50 meters. The PAS has been definitively destroyed, although external netting is possible under certain conditions. Why the competent authority does not take decisions in a large number of cases is a mystery to me.

An example: the permit to install the manure silo can no longer be granted. Not even if I calculate that these nitrogen emissions have no effect. The result is that the livestock farmer loses valuable time and has to rent external manure storage.

Brabant investment fund
The province of Noord-Brabant has drawn up additional policy for reducing all companies' emissions. The aim is to ensure that nature recovers. No one can be against that. Last week, DLV Advies calculated that a livestock farmer must spend €7.500 annually to achieve a 0,02 mol reduction in deposition. So it costs €375.000 per year to reduce 1 mole deposition.

If the livestock farmer is given the opportunity to pay half of the mandatory investment once in a fund, with which the province can properly remediate the companies a short distance from a nature reserve, then nature will be the big winner. This also at a fraction of the costs that the sector is now obliged to make.

It would also be good for farmers' sense of justice that Brabant companies from other sectors are treated in the same way as livestock farming. In short: investing in technology to limit nitrogen emissions in 2020. If they want an extra two years to implement the measure, they must submit an action plan before 2 January 1.

Take over emission rights
What solution is there for companies that want to expand in deposition? Unfortunately, these companies currently have no choice but to take over the emission rights of a discontinuing company. This can be a livestock farmer, but also a fellow entrepreneur on the same business park.

It is now hoped for appropriate actions from the various provinces and that they will come up with suitable solutions. The system of external netting before the PAS functioned well with the approval of the Council of State. No need to reinvent the wheel.

Jan de Groot is a Licenses Specialist at DLV Advies.

DLV Advice

DLV Advies is an independent consultancy for entrepreneurs, companies and organizations in the agricultural sector. In addition to individual advice, DLV supervises study groups and is active in various Agri&Food projects.

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