After twenty years, the Dutch farmer loses his ‘manure exception’

Dutch farmers lose their rights after more than twenty years
to be allowed to spread more manure than is normally permitted in Europe. By lifting this so-called ‘derogation’ in 2026, the manure surplus for farmers will increase significantly next year, which will lead to practical and financial problems.

Swedish European Commissioner for the Environment Jessika Roswall informed Minister of Agriculture, Fisheries, Food Security and Nature Femke Wiersma (BBB) ​​in a letter on Monday evening about the end of the exemption. She states that water quality and manure policy in the Netherlands, among other things, played a role in the decision. The phosphates and nitrogen in manure affect the quality of surface water. The Netherlands has been at the forefront of Europe for years when it comes to water quality.

Outgoing Minister Wiersma called the loss of the derogation “very disappointing” on Tuesday afternoon. Last July she asked the European Commission to extend the derogation. In one letter to the House of Representatives she writes that “the phasing out of the current derogation has a very large negative impact on the income and future prospects of the farmer.”

Farmers who still have an exemption will be allowed to spread one third less manure from next year. The European maximum is 170 kilos of nitrogen from animal manure per hectare, while the exceptional position allows 250 kilos to be spread. The direct consequences for farmers vary widely. The consequences can be particularly serious for dairy farmers, because they mainly use the extra manure space. But the consequences also depend on the region in which they operate. Some parts of the Netherlands have a large manure surplus, other regions do not.

‘You have to deliver something’

According to sources in Brussels, it has been clear for some time that the Netherlands would lose its derogation. The response from the ministry was that discussions were still ongoing. That was also the reaction when the Financial Times At the beginning of this month it was reported that the derogation for Ireland had been extended, but not for the Netherlands.

Over the past twenty years, Brussels has allowed the Netherlands to spread more manure than in most other countries in the European Union, although the scope of the exemption has gradually decreased. This extra fertilizer space is partly due to the fact that grass in the Netherlands, with its temperate climate, grows for a long time and can absorb a lot of nitrogen.

In April this year it became clear that there was a good chance that the Netherlands would lose its extra manure space

In April this year it became clear that there was a good chance that the Netherlands would lose its extra manure space. European Commissioner Roswall said during a visit to the House of Representatives that the Netherlands had to first work on nature restoration and nitrogen policy. “I don’t think it’s sustainable to keep building on the derogation,” Roswall said. “You have to deliver something.”

For Minister Wiersma’s agricultural policy, 2025 will end on a negative note. In addition to losing the derogation, the Council of State ruled very negatively on the bill for a new nitrogen law last Monday. Last week, a widely adopted House of Representatives motion ensured that it is no longer allowed to pursue its own manure policy. Wiersma wanted more manure to be spread near ditches and streams in some places. After the Council of Ministers, it became clear that the more flexible calculation limit for nitrogen deposition will not apply from January. More legal research is needed to introduce these calculation rules.

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