The environmental organisations Dryade, Bond Beter Leefmilieu and Greenpeace are taking their case to the Constitutional Court, seeking the partial annulment of the Nitrogen Decree. The Flemish Government failed to base the decree on the most recent scientific evidence. The decree relies on outdated figures and fails to address nitrogen pollution quickly enough. It pushes the agricultural sector further towards economies of scale, away from a healthy living environment and a viable income for farmers.
The Nitrogen Decree, which was adopted at the start of this year, comprises two parts: the granting of permits on the one hand, and support for nature and agriculture on the other. The environmental organisations Dryade, BBL and Greenpeace are asking the Constitutional Court to annul the provisions relating to the granting of permits. They believe that the current decree does not provide sufficient protection for Flemish nature and public health. Previously, the Council of State also expressed strong criticism of this part of the Nitrogen Decree.
Environmental organisations note that the current Nitrogen Decree does not take into account the most recent scientific findings. This is, however, a requirement under our environmental legislation. “The Nitrogen Decree was drawn up on the basis of outdated figures and unreliable reduction techniques. Moreover, a report commissioned by Greenpeace Netherlands shows that nitrogen reduction must happen much faster if we are to safeguard our natural environment. The current regulation is ‘too little, too late’,” says Dries Verhaeghe, director of Dryade.
“The uncertain technological measures are forcing farmers to make substantial investments. The underlying structural problems, such as the large-scale import of nitrogen via soya and artificial fertiliser, are not being addressed. For organic farmers, this decree offers virtually no solutions at all,” says Heleen De Smet, biodiversity policy expert at Bond Beter Leefmilieu.
The nitrogen surplus leads to a loss of biodiversity. Plants that thrive in nutrient-rich conditions flourish and crowd out other valuable flora, with numerous consequences for the fauna that depend on them. Furthermore, the negative effects on our health, such as heart failure, strokes or respiratory problems, are seriously underestimated.
Environmental organisations are calling on the Flemish Government not to wait for the Constitutional Court’s ruling and to amend the Nitrogen Decree immediately. Only a legally sound Nitrogen Decree can provide legal certainty for nature, agriculture and businesses.