- Minister Brouns announced yesterday that he, following the KDW ruling of the Council of State, will adjust the critical deposition values in the calculation tools of the Nitrogen Decree.
- Dryade is pleased with the adjustment of the KDW’s. This is a first step in the right direction. An obvious next step is a fundamental adjustment of the Nitrogen Decree. The adjustment of the KDW’s leads to a tightening of the reduction targets and percentages and a recalibration of the tailored areas.
- Should the Flemish Government fail to adjust the Nitrogen Decree, this would lead to new legal uncertainty.
The Environment Committee of the Flemish Parliament discussed yesterday the impact of the KDW ruling of the Council of State which annulled the “GRUP Nelissen Brickworks”. The ruling stated that in the context of granting permits, the most current critical deposition values (KDW’s)* must be taken into account. Minister Brouns stated that he would adjust the KDW’s in the calculation tools used in the context of the Nitrogen Decree.
The adjustment of the calculation tools is an important first step and Dryade is pleased that Minister Brouns recognises its necessity. However, the KDW are also the foundation of the Nitrogen Decree, which makes an adjustment of the decree evident. Based on the KDW, it was determined how much nitrogen needs to be reduced by 2030. Stricter KDW lead to a higher reduction target for agriculture, industry, and transport. Additionally, the Nitrogen Decree has delineated so-called 'custom areas' where additional measures will be taken. An example is the Turnhout Vennengebied. These custom areas also need to be adjusted.
“The adjustment of the nitrogen figures is excellent news. The Flemish Government must now take decisive action with the adjustment of the Nitrogen Decree. A half-hearted approach would lead to additional legal uncertainty in the granting of permits. This must be avoided at all costs.”, states Dries Verhaeghe, director of Dryade.