Dutch cabinet plans higher nitrogen limit in 2026, pending legal review
The Dutch government plans to introduce a higher nitrogen threshold in January 2026, provided the measure is legally feasible, caretaker Prime Minister Dick Schoof said after Friday’s ministerial meeting.
Caretaker Agriculture Minister Femke Wiersma (BBB) told BNR the government is moving toward implementation. “The cabinet has decided to introduce the baseline. We are heading for January,” she said. A final legal assessment is scheduled for December before the rules take effect.
The threshold is aimed at helping a large number of so-called PAS reporters, though it will not cover all cases, Wiersma added. The government also plans to test the threshold in ongoing court cases to determine whether farms with low nitrogen emissions truly require permits. “In the hypothetical situation that it does not hold, that means the project is not legal. This is an important step to resolve the issue,” she said.
Provinces, which issue nature permits, will be closely involved. Wiersma said, “Believe me, I involve the provinces, because they also play an important role. They actually wanted this implemented this year, but I indicated some homework still needs to be done. I will return to this in January.”
Wiersma emphasized she is preparing thoroughly. “You can count on this minister to do her homework,” she said. She acknowledged “a few technical adjustments” remain before implementation.
The measure’s legal feasibility is a key concern for VVD ministers. Wiersma said, “Of course, lawyers have looked at this. And when it comes to the scientific foundation, I have real confidence in it.”
The threshold will be brought into court cases to verify whether it withstands legal scrutiny. “We have a number of cases in mind where that could be possible,” Wiersma said. She has been actively searching for a lawsuit to test the threshold.
The cabinet meeting over the nitrogen threshold lasted much longer than usual, beginning around 11 a.m. but still not formally starting by shortly before 4 p.m. Wiersma said there was no conflict during the session. “It is our job to bring difficult and complex discussions to a conclusion,” she said.
