Farmers who want to grow lilies in vulnerable nature and use pesticides may no longer do that without a permit and nature test. This is apparent from a decision by the Northern Netherlands court. Measuring = knowing had brought a case against the province of Drenthe.
Measuring = knowing is a citizens’ initiative that wants to drastically reduce the use of pesticides to protect people, animals and the environment.
The Citizens’ initiative requested the province of Drenthe in 2022 to maintain lily cultivation on the Pastoorzandweg in Geeuwenbrug. The plots were the Drents-Friese Wold and the Leggelderveld at kind 2000 areas. Measuring = knowing states that the use of pesticides in growing lilies can have negative effects on Natura 2000. Then a permit is required, according to the association.
The grower did not have a permit and the province had not demanded it. “The cultivation season was almost over at the time,” the province defends itself at the court. Moreover, the lilies on the relevant plot had since been harvested.
In his decision, the judge states that lily cultivation happens as alternating cultivation and that it is therefore plausible that lily cultivation will be again on the aforementioned plot. Because pesticides are used for this cultivation, a negative effect on the adjacent Natura-20000 areas cannot be excluded in advance. “If that is not possible, then there is a permit requirement,” the court says.
The province of Drenthe argued that lily cultivation fell under existing agricultural use and that therefore no permit was required. The province further said in its defense that we should wait for a decision of the Council of State in a similar case on appeal. The court did not participate in that either.
The province must now adjust the policy. “This statement not only has an effect on floriculture, but on all crops where pesticides are used,” says Geert Starre van Measuring = knowing. “Everyone who now sprays needs a permit. I estimate that this statement might be more safety than the nitrogen ruling.”
The ‘nitrogen ruling’ is a matter that brought Greenpeace against the Dutch state. The judge ruled that the state acts unlawfully by not stopping the deterioration of nitrogen-sensitive nature in kind 2000 areas in time. “The government is apparently willing to act unlawfully. That’s why we are now doing what the province should have done,” says Starre.
Henk Baptist van Measuring = knowing adds: “This statement shows that European and national laws, such as the Habitats Directive, have to be performed simply. And that the province of Drenthe must stop looking for goat paths.”
“Thanks to this ruling, there will be more transparency. All growers who want to use pesticides must now apply for a permit.”
According to Baptist, the province must then make a so -called draft decision for inspection. “This gives all local residents in advance where lilies are grown. They can then submit an opinion and object,” said Baptist.