Boerenbond and ABS to Council of State against nitrogen instruction Demir

“It is sad that we have to take legal action to protect our farmers”, say Lode Ceyssens and Hendrik Vandamme, the chairmen of the Boerenbond and ABS.

According to the agricultural organizations, the impact of the stricter nitrogen instructions announced by Flemish Environment Minister Zuhal Demir (N-VA) last Monday is “disproportionate and totally unnecessary”. “These instructions represent no less than a total shutdown scenario for the sector,” the criticism reads.

If the Council of State agrees to the request to suspend the instruction, the first nitrogen instruction, which was less strict, will again apply. But legal certainty can only be achieved if the nitrogen decree does away with the distinction between agriculture and industry, both chairmen state. “As long as that is adhered to, there is no solution.”

Inequality between agriculture and industry

“We therefore do not understand why agriculture is subject to such a strict framework and how this contributes to avoiding a blanket licensing freeze. The only effect of these instructions is to increase the disparity between agriculture and industry,” it says.

The request to suspend the ministerial instructions is only a first step for Boerenbond and ABS.” In the meantime, we continue to study further legal steps,” the organizations say. “Farmers and entrepreneurs in Flanders do not care about draconian ad hoc measures, but a sound legal framework that gives a future in Flanders.”

In March, the Boerenbond therefore already approached the Council of State against the political nitrogen agreement.