There is a threat of a new nitrogen crisis in Brabant. 111 livestock farms in Brabant expanded their businesses in recent years without a nature permit, because according to the province it was not necessary. The low-emission stables required by the same province would lead to significantly lower nitrogen emissions. But now that it appears that the stable floors in particular do not work, these farmers are in danger of working illegally. This is evident from research by Omroep Brabant and the KRO-NCRV program Pointer.
Since 2017, the province of Brabant has wanted farmers to take measures to reduce their nitrogen emissions. They are therefore obliged to adapt their stables. Pig, goat and poultry farmers must install air scrubbers that ‘capture’ a large part of the nitrogen. Dairy cattle and veal farmers must opt for a floor system that reduces emissions.
New stable systems are expensive. That is why the farmers who have already purchased such a system have all expanded their livestock, but for this you have to apply for a new nature permit. Not all farmers who applied for that permit received it. For 111 farmers, the province judged that their company’s nitrogen emissions would not increase due to the new stable systems. These farmers received a so-called ‘positive refusal’: a new nature permit was refused because it was not necessary.
Research into systems
Wageningen University conducted research into the operation of the stable systems. The results were published in May and they were shocking: floor systems for dairy cattle do not work at all, air scrubbers significantly less than intended. Farmers therefore emit much more nitrogen than is allowed. The consequences can be enormous.
The Ministry of Infrastructure and Water Management now wants to adjust the emission factors of the various housing systems. A new crisis is looming for the 111 farmers who have not received a permit from the province, but a positive refusal. They still have to apply for a nature permit, but since March 1 the province has no longer issued nature permits for activities that lead to additional nitrogen emissions.
Arno van Son from ZLTO calls it an impossible situation. “The stable policy in Brabant has ensured that farmers have acted under great pressure. They have started working energetically and are now being punished. That is unacceptable.”
PAS crisis 2.0
These 111 Brabant livestock farmers can be seen as the new PAS reporters. In 2015, ranchers who wanted to expand their business, resulting in little additional nitrogen precipitation, were allowed to do so without a permit. Making a report was sufficient. But four years later that changed.
The PAS reporters ran into problems in 2019 when the judge put an end to the scheme. As a result, they were suddenly operating illegally. There are approximately 2,500 PAS detectors in the Netherlands, of which more than 500 are in Brabant. There is still no solution in sight for them. There is no nitrogen space and therefore these companies cannot be licensed.
Unlawful government act
Another 111 companies have now been added. livestock farmers who wanted to meet the province’s obligation, but are now paying the consequences of a failing system. According to environmental law lawyer Ruud Verkoijen, livestock farmers are in a particularly difficult position. “This is an unlawful government act. The question now is what environmental organizations will do and how the judge will rule on this.”
It is still unclear how much ‘too much’ these farmers emit. “That depends on various factors, such as the stable, the feed and how dirty the floor is. The emissions are not the same for every entrepreneur with the same stable floor or system,” says Verkoijen.
Now that it appears that much more nitrogen is being emitted, nature organizations can submit enforcement requests to the province. They must then take action against the illegal situation. Verkoijen calls it ‘not nice’ that the province is passing on the consequences to entrepreneurs. “This problem was created by the government.” Van Son agrees with that. “This causes great concern among entrepreneurs. The government has a moral obligation to solve this.”
The province of Brabant said in a response that it would ‘call the government’s attention to this problem’.