State Council questions skimming rate in fertilizer law

The Cabinet is to amend the proposed fertilizer law as decided by the State Council. The top administrative body, among other things, questions the validity of the 30 percent skimming rate for pig and poultry farming.

The State Council Advisory Division on Monday published its approved advice on amending the Fertilizer Law regarding the conditions related to the maximum fertilizer output in the 2022-2025 Exception Decision.

An important cabinet adviser openly questions the viability of the EU Nitrates Directive with proposed measures to reduce fertiliser production. The government should, among other things, take additional measures.

As the exemption period has expired, a fertilizer cap of 440 million kilograms of nitrogen and 135 million kilograms of phosphate will apply in the Netherlands from 2025. To stay below this level, phosphate rights are withdrawn when they are traded. In this case, the duty on pigs and poultry will be reduced by 30 percent. According to the government, the skimming rate on dairy farms, which is already 10 percent, should also increase to 30 percent.

Production Rights

In addition, the Council of State seriously questions the proportionality of the amount of skimming in the trading of pig and poultry rights. According to the Advisory Authority, it is not clear whether the level of skimming percentage proposed is specifically designed to reduce the manure production that must be achieved for each sector. “The reduction of production rights in the trading is an interference with the right to the peaceful enjoyment of property. Such a measure must serve a legitimate purpose and be proportionate under Article 1 of Protocol I to the European Convention on Human Rights.

For the dairy cattle, pigs and poultry sectors, the proposal reduced individual manure ceilings by the same percentage as the national manure production ceiling due to the exemption decision. However, there are differences between the dairy cattle, pigs and poultry sectors in manure production quantities and the amounts by which manure production exceeds the proposed sectoral values ​​for manure ceilings in 2025.

According to the Council of State, this raises the question of whether the proposed 30 percent skimming rate is appropriate for each sector. “We also advise the government to justify the skimming rate for pig and poultry rights trade convincingly in the explanatory memorandum to the draft law.”