In the Flemish parliament in Antwerp and in Belgian agriculture, a vigorous debate has broken out over the nitrogen issue. After a judicial ruling last week halted the Flemish PAS registration of nitrogen emissions, from now on a full Environmental Impact Assessment (EIA) procedure must be completed for every new activity.
In Kortessem, Limburg, a poultry farm wanted to build an additional barn for about 80,000 chickens. This would cause the farm to emit 6,850 kilograms of nitrogen per year. According to the judge, the Flemish farmer cannot prove that the nature reserve will not be further damaged by this expansion.
Since 80 percent of Belgian Natura 2000 areas suffer from excessive nitrogen, Flanders has been violating the Habitat Directive for several years. This was the first time a Belgian judge suspended a permit solely on the basis of the nitrogen argument. Flemish media are already talking about 'Dutch situations'.
Flemish Minister of Economy and Agriculture Hilde Crevits (CD&V) said during the parliamentary debate that tough, far-reaching measures might be necessary. Her Environment colleague Minister Zuhal Demir (N-VA) stated that authorities will now be cautious with every (permit) application and must carry out an individual assessment of each file submitted.
The current affairs debate also revealed that Belgian civil servants have been trying for years to establish a sufficient legal basis for the PAS registration, and that the court ruling was not entirely unexpected. This led to accusations that the government and ministries have not done enough over the past years.
Minister Crevits said the government expects much (nitrogen reduction) from innovative improvements but also made clear that particularly in intensive livestock farming, measures are necessary. And that this will not only concern ‘nitrogen in the air’, but also ‘chemicals in soil and drinking water’ and ‘biodiversity in agriculture’.
The Flemish ministers have now been tasked with drafting a legally watertight definitive Flemish plan against nitrogen pollution. This can have major consequences not only in agriculture but also in the rest of Belgium for all sorts of nuisance permits and construction plans.
For nuisance permits in Belgium, areas are classified into three zones: red, orange, and green. In red zones, environmental nuisance must be stopped and reduced, and in orange zones it must not increase. In green zones, farms wanting to expand must indicate in an environmental impact report how much their nitrogen emissions will increase. This must be verified by independent experts.
Only if the expected nitrogen increase remains below five percent is an EIA report not required. The court has now ruled that an investigation is always necessary, even with small increases.