Wiersma wants to relax nitrogen calculations, despite critical advice from the Council of State

It is the only way in which the cabinet could get the country from the ‘nitrogen lock’ in the short term: the relaxation of the nitrogen calculations. There now seems to be going on, because the Council of State looks little room for it, shows A Monday published advice. The Council of State calls raising the so -called arithmetic lower limit ‘vulnerable’ and it is accompanied by ‘not small risks’.

In the coalition agreement, the government agreed to look for « a legally sustainable » increase in that lower limit. With a Pennen region, that would offer lighting for, for example, construction projects-which generally have little nitrogen-and for the legalization of PAS servants, a group of farmers who do not have the right nature permit. Farmers and the industry could expand again.

Despite the negative advice from the Council of State, Minister Femke Wiersma (Agriculture, BBB) continues to intend to enter the calculation limit. In A letter to the Chamber States to look Wiersma to look « how » – and not or – the calculation limit « can be introduced in a responsible manner. » The criticism of the Council of State describes them as « a number of recognizable points of attention. »

Chris Backes, professor of Environmental Law at Utrecht University, has difficulty with that. « This advice is from the Council of State. If you do not yet understand, the ship must pop again. Then the calculation limit in court will die. »

200 times higher

Wiermsa said in one in February Facebook movie That « all signals on green » stood for increasing the arithmetic lower limit. That was around the publication of a « expert judgment » of the London professor Arthur Petersenwho after consultation with experts at the request of her ministry concluded that there is scientific consensus that the arithmetic lower limit must be raised.

The nitrogen negrimic stroke is calculated in the Netherlands with a calculation model from the RIVM, Aerius. The calculation limit of that model determines the minimum amount of nitrogen battle that is relevant for a permit application. According to Petersen, the lower limit should be on 1 mol of nitrogen per hectare, 200 times higher than now. For about four in five activities, a permit would then no longer be required.

According to Petersen, nitrogen negrimic stroke falls under 1 mole by the uncertainties in the calculation model no longer with certainty attributing to a single activity – building a road or residential area, or expanding a stable. Such small quantities cannot be measured either, he reasoned. That is why it should not count.

Every decision you make has the risk that it will not last legally. I think the risks are relatively small

According to the Council of State, however, it is « by no means certain » that a raised calculation limit will hold on to the court, where the expert opinion of Petersen will be challenged. That expert opinion must be elevated beyond any doubt. Strict nature legislation stipulates that the Netherlands must be able to exclude the decline of nature based on the best available scientific knowledge.

The fact that small amounts of nitrogen cannot be measured or can be calculated reliably does not mean that they are not emitted and « should be calculated or estimated as adequately as possible, » reads the advice. Other experts previously warned that increasing the arithmetic lower limit would have negative effects. Wim de Vries, professor of integrated nitrogen effect analysis at Wageningen University, said before NRC: « If more nitrogen goes up in the air, it always comes out of the blue, also on Dutch nature. You don’t need a calculation model to know that. »

Disappointed

Petersen says he is disappointed in the advice. « The Council of State has enlarged the risks a little, » he told by telephone NRC. « Every decision you make has the risk that it will not last legally. I think the risks are relatively small. » He is convinced that the court will go along with his reasoning. « The Council of State did not ask me anything for the advice, but my judgment can be better explained in the courtroom. » According to Petersen, his point « should be explained even better. »

According to Backes, Wiersma now has two options to enter the calculation limit. « Whether she must prove that the scientists who doubt the limit of 1 Mol, sell nonsense. Or she must ensure that there is a clear decrease in nitrogen battle, which can be made hard per nature reserve. » According to Backes, this is only possible by imposing compelling measures. Wiersma has always excluded that so far, and that does not want that.

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