UpdateThe Council of State is critical of the nitrogen decree, which was submitted in July by N-VA and Open Vld. Among other things, questions are raised about the unequal treatment of agriculture and industry. CD&V previously warned about this. After the advice, Groen even wonders whether there is still a Flemish government, “because this is gunpowder,” said party leader Mieke Schauvliege.
On July 27, N-VA and Open Vld submitted a nitrogen decree proposal in the Flemish Parliament, without coalition partner CD&V. This demarche came after the annulment of the environmental permit for the ethane cracker of chemical company Ineos in the port of Antwerp. The advice of the Council of State on the text was also immediately requested.
He now notes that there is a lack of systematic and substantiated justification for the policy choices made and the many differences in treatments contained in the proposal. The Council explicitly refers to Article 10 of the Constitution, which guarantees equal treatment of all Belgians.
There is no agreement, there is no decree and I seriously wonder whether there is even a Flemish government anymore, because this is gunpowder
Insufficient transparency
More specifically, the Council notes that the impact score instrument is insufficiently transparent. This score expresses the nitrogen impact of a company on the surrounding nature. She determines which company will still receive a permit and which will not.
In addition, according to the advice, the decree is incompatible with the European habitat directive on several points. This sets out how the Member States can control nitrogen deposition.
Finally, the Council is also concerned about the use of threshold values, which are used to decide whether an appropriate assessment is needed for the company or project. That appropriate assessment is a thorough investigation of the specific nitrogen impact. The Council for Permit Disputes has also commented in the past on the use of threshold values.
Green response: “Gunpowder”
“Last week there was a cheerful atmosphere among the ministers because they had reached an agreement for the September statement. Today it becomes painfully clear why nitrogen was not part of the negotiations: there is no agreement, there is no decree and I seriously wonder whether there is even a Flemish government anymore, because this is gunpowder,” said Green faction leader Mieke Schauvliege, who said he submitted a question for a current debate next Wednesday in the Flemish Parliament.
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