The INBO report that updates the Flemish critical deposition values (CDV)has been released. The CDV is the threshold above which additional nitrogen deposition affects the nature area. This report shows that for 42 of the 75 habitat types the CDV is lowered and for 2 types it is increased. A lower CDV means that it has been scientifically established that less nitrogen may fall on an area than previously estimated. This concerns 30,000 hectares of forest and 8,500 hectares of heathland. This tightening of the CDVs shows that the nitrogen challenge is significantly greater than thought. Dryade, Bond Beter Leefmilieu, Greenpeace Belgium, BOS+, Vogelbescherming Vlaanderen, Limburg Environmental Federation and West Flanders Environmental Federation are calling on the Flemish Government to adjust the Nitrogen Decree and the calculation tools and to thoroughly examine the consequences.
The environmental organisations are urging the Flemish government to translate the findings from the report into policy. Since the nitrogen challenge appears to be significantly greater, this results in an adjustment of the Nitrogen Decree and an update of the associated calculation tools used in the permitting process. In the meantime, it is essential to thoroughly examine what consequences this has. The goal should be to ensure legally secure permitting and to effectively protect the nature areas in the long term.
The KDW values are threshold values that indicate how much nitrogen our nature can handle. For most Flemish nature, the KDW values are currently being exceeded. According to the report from the Institute for Nature and Forest Research (INBO), the KDW of 42 out of 75 (sub)habitats needs to be adjusted downwards, while the KDW of 2 of them is increasing. The lower the KDW, the more sensitive nature is to nitrogen. These adjustments are situated within a range of -12 to +5 kg of nitrogen per year per hectare. This translates to 30,000 hectares of forest and 8,500 hectares of heathland.
The INBO report dates from the end of August but has only just been released. It builds on the ten-yearly review by an expert committee within the United Nations Economic Commission for Europe. That expert committee concluded at the end of 2022 that a tightening of the KDW values was necessary.
“In the Netherlands, the new KDW values came into effect in October 2023, but Flanders delayed. The new KDW values were not included in the drafting of the Nitrogen Decree, and the revision of it was postponed until after the elections. During the formation of the Flemish government in September, the findings of the INBO were ignored.”, states Dries Verhaeghe from Dryade.
“Together with Dryade, we wrote to the Flemish government in November 2023 regarding the revision of the KDW values and stated that the delay would lead to legal uncertainty in the granting of permits. However, the Flemish government did not respond to this and continued to grant permits based on the outdated KDW values.”, says Ineke Maes, policy expert in agriculture at Bond Beter Leefmilieu. The renewal of the permit for Brussels Airport, the permit for INEOS Project One, and the widening of the Brussels ring road are just a few of the cases where annulment was requested based on outdated KDW’s. Furthermore, BBL, Greenpeace, and Dryade went to the Constitutional Court against the Nitrogen Decree. They argued that the legal basis of the decree is shaky because it is based on outdated figures.