Hundreds more farmers suspected of violating nitrogen rules

Hundreds, maybe thousands more farmers in the Netherlands are working without a permit to emit nitrogen, according to NRC. These are farmers who were already operating when the European nitrogen laws changed in 2009 and never applied for the required nature permits. The agriculture sector and politics refer to these farmers as “interims,” according to the newspaper.

The government is currently trying to find a solution for the 2,500 farmers who previously had permission for their nitrogen emissions based on the Nitrogen Approach Program - often referred to as the PAS reporters. They lost that permission when the Council of State scrapped the Nitrogen Approach Program in 2019.

These “interims” come on top of the PAS reporters. They were largely already active before the European legislation changed in 2009, requiring them to apply for an environmental permit. Many did not do so. Exactly how many is unclear because there is no central national licensing system. In 2014, the Northern Court of Audit estimated the number at over 1,000 in Drenthe alone and between 250 and 400 in Friesland.

The public health and environment institute RIVM estimates that the interim farmers are responsible for much more nitrogen precipitation than the PAS reporters, according to the newspaper.

As with the PAS reporters, the government is trying to figure out how to legalize the interim farmers’ emissions by issuing a permit. But that has turned into a very complicated process with the strict European conditions for nitrogen emissions in vulnerable nature. It requires farmers to close their businesses and create “nitrogen space” for permitless agriculture businesses to get legalized. So far, this has hardly been possible because few farmers want to close down shop.

The agriculture sector is counting on the government to solve these problems. Farmers’ interest organization LTO considers the PAS reporters and interims as victims of an unreliable government.

The Ministry of Agriculture, Nature, and Food Quality told NRC that the responsibility for the interims lies with the provinces. The Interprovincial Consultation (IPO), which represents the provinces, told the newspaper that, “in principle,” it is up to the government to find a solution. The IPO also pointed to the farmers involved, saying they must “take care of the necessary nitrogen space themselves.”