The province must reconsider whether the Amercentrale in Geertruidenberg needs a nitrogen permit. The province must also make a new decision about the Rendac rendering company in Son. The Council of State determined this on Wednesday. The ruling may mean that many more companies that previously did not need a permit will now need one.
With the ruling, the Council of State partly puts an end to so-called ‘internal netting’ when expanding a company. If such an expansion produces more nitrogen, measures must be taken to counteract it.
This way, companies could avoid needing a nitrogen permit. Because when expanding your business you are obliged to check whether there are any consequences for sensitive nature. This is called a ‘preliminary test’.
If these consequences cannot be ruled out, you must apply for a permit. By netting internally, companies were able to rule out these consequences, because they did not emit more nitrogen than before.
However, a permit is required
This is now no longer allowed by the highest court. The reason for this decision is a ruling by the European Court of Justice in Luxembourg. It stipulated that internal netting may no longer be used in the preliminary test.
The ruling has major consequences for companies. According to the Council of State, more companies will need a nitrogen permit. And companies that have settled internally between 2020 and 2025 and thus avoided the permit requirement, must determine whether they still need it. They can also choose to adjust their business so that they are still not required to obtain a permit.
Companies have until 2030 to do this. Until then, provinces may not enforce regulations on companies without a permit. They may only deviate from this if it is necessary to prevent sensitive nature from deteriorating.
It is not known how many companies are involved. In any case, the province must reconsider whether the Amercentrale and Rendac require a permit after all.
What is internal netting?
Internal netting means that you take measures on site that reduce nitrogen emissions, and then use the space released in the same location to carry out activities.
For example, if a farmer wants to build a new building that emits more nitrogen, he can simultaneously adapt another part of his farm, reducing nitrogen emissions there. This way, the total nitrogen emissions remain within the permitted limits.